Oklahoma § 52-47.5 - Determination of hazardous transportation system Corrective action - Emergencies

§ 52-47.5. Determination of hazardous transportation system Corrective action - Emergencies

A. The Commission may find a transportation system to be

hazardous if:

1. the facts and circumstances indicate the particular system

is hazardous to life or property; or

2. the transportation system or a component thereof has been

constructed or operated with any equipment, material, or technique

which the Commission determines is hazardous to life or property.

B. In determining a transportation system to be hazardous, the

Commission shall consider the following, if relevant:

1. the characteristics of the pipe and other equipment used in

the transportation system, including the age, manufacturer, physical

properties, and its resistance to corrosion and deterioration of

said equipment, and the method of manufacture, construction, or

assembly; and

2. the nature of the materials transported by said system,

including their corrosive and deteriorative qualities, the sequence

in which the materials are transported, and the pressure required

for said transportation; and

3. the aspects of the areas in which the transportation system

is located, including the climatic and geologic conditions, the soil

characteristics, and the population, population density, and growth

patterns of said areas; and

4. such other factors as the Commission may consider

appropriate.

C. If the Commission finds, after reasonable notice and an

opportunity for a hearing, that any transportation system is

hazardous to life or property, the Commission, by order, shall

require the person operating the facility to take necessary

corrective action. Said corrective action may include suspended or

restricted use of the facility, physical inspection, testing,

repair, replacement, or other appropriate action.

D. Whenever the Commission finds that an emergency exists

requiring immediate action in order to protect the public health and

welfare, the Commission may issue an order, without notice or

hearing, stating the existence of said emergency and requiring that

action be taken as the Commission deems necessary to meet the

emergency. The order shall be effective immediately upon issuance.

Any person to whom the order is directed shall comply immediately

with the provisions of the order, but, upon application to the

Oklahoma Statutes - Title 52. Oil and Gas

Commission, shall be afforded a hearing within ten (10) days of the

issuance of the order. On the basis of said hearing, the Commission

shall continue the order in effect, revoke it, or modify it.

Added by Laws 1984, c. 80, § 5, eff. Nov. 1, 1984.