La. Admin. Code tit. 43 § XI-2903

Current through Register Vol. 50, No. 11, November 20, 2024

Section XI-2903 - Letter of Noncompliance, Relief Therefrom (Formerly section 507)

A. Upon determination that a probable violation of R.S. 30:501 et seq., R.S. 33:4521 et seq., or R.S. 40:1892 et seq., or any rule, regulation or order issued thereunder has occurred, the assistant secretary may institute enforcement procedures by serving upon the intrastate natural gas pipeline operator a letter of noncompliance notifying said operator of said probable violation and directing said operator to correct said violation within a designated period of time to be determined by the assistant secretary or be subject to enforcement action prescribed by §2905-2913 hereof. A copy of the field inspection report or other evidence of violation shall be attached to the letter of noncompliance. The letter of noncompliance may inform the operator of the time at which reinspection of the facility will be conducted to confirm compliance and shall inform the operator of the time delays and procedure available to said operator for securing relief from said letter of noncompliance.

B. Except in cases of emergency action instituted pursuant to §2909 hereof, within seven days of receipt of a letter of noncompliance, the operator who believes himself to be in compliance with the applicable statute and the rules, regulations or orders issued thereunder or who believes the time limits imposed upon him for compliance to be burdensome, may request a conference before the assistant secretary or his designated agent. The operator's request for said conference may be verbal or presented in writing.

C. The conference before the assistant secretary or his agent shall be informal without strict adherence to rules of evidence. The operator may submit any relevant information and materials which shall become part of the record and may examine the assistant secretary's files relative to the probable violation. If circumstances are deemed appropriate by the assistant secretary and upon request of the operator, this conference may be held by telephone conference.

D. Upon conclusion of the conference for relief, the assistant secretary may issue to the operator a modified letter of noncompliance extending the time for compliance or containing such other terms and conditions as may be appropriate considering the nature of the probable violation, the circumstances and exigency of the situation.

La. Admin. Code tit. 43, § XI-2903

Promulgated by the Department of Natural Resources, Office of Conservation, LR 12:601 (September 1986), repromulgated LR 49301 (2/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:501 and 40:1892.