Louisiana Revised Statutes 40:1749.27 – Enforcement for the prevention of damage to pipelines; authority of the commissioner; administration; violations; penalties; disposition of monies
Terms Used In Louisiana Revised Statutes 40:1749.27
- Commissioner: means the commissioner of conservation. See Louisiana Revised Statutes 40:1749.12
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damage: means any defacing, scraping, gouging, breaking, cutting, or displacement of, impact upon or removal of an underground facility or utility or its means of primary support. See Louisiana Revised Statutes 40:1749.12
- Demolisher: means any person engaged in the act of demolishing as defined in Paragraph (2) of this Section. See Louisiana Revised Statutes 40:1749.12
- Demolition: means the total or partial wrecking, razing, rendering, moving, or removing of any building or structure, movable or immovable. See Louisiana Revised Statutes 40:1749.12
- Excavator: means any person who engages in excavation operations. See Louisiana Revised Statutes 40:1749.12
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, firm, partnership, association, limited liability company, corporation, joint venture, municipality, governmental agency, political subdivision, or agent of the state or any legal representative thereof. See Louisiana Revised Statutes 40:1749.12
- Pipeline: means all intrastate and interstate pipeline facilities defined by Louisiana Revised Statutes 40:1749.12
- Regional notification center: means any one of the following:
(a) An entity designated as nonprofit by the Internal Revenue Service under Section 501(c) of the Internal Revenue Code and which is organized to protect its members from damage and is certified by the Department of Public Safety and Corrections in accordance with this Part. See Louisiana Revised Statutes 40:1749.12
A.(1) Notwithstanding the provisions of La. Rev. Stat. 40:1749.23, the commissioner shall have exclusive authority to enforce the provisions of this Part as it applies to the prevention of damage to pipelines.
(2) The provisions of this Section shall not be construed in any manner to limit or otherwise restrict either of the following:
(a) The general powers of the commissioner as authorized by Subtitle I of Title 30 of the Louisiana Revised Statutes of 1950.
(b) The authority of the Department of Public Safety and Corrections as established pursuant to the Hazardous Materials Information Development, Preparedness, and Response Act, La. Rev. Stat. 30:2361 et seq. or the Hazardous Materials Transportation and Motor Carrier Safety Act, La. Rev. Stat. 32:1501 et seq.
B. For the prevention of damage to pipelines, the powers of the commissioner shall include but are not limited to the following:
(1) Monitoring any excavation or demolition, including requests for the excavator or demolisher to provide the locate request number issued by a regional notification center.
(2) Issuing citations or ordering other penalties or remedies.
(3) Seeking restraining orders, injunctions, or any other available civil remedies.
(4) Utilizing any other enforcement powers that may be provided by law.
C. The commissioner or his designee shall promulgate rules and regulations in accordance with the provisions of the Administrative Procedure Act, La. Rev. Stat. 49:950
et seq., for the necessary and proper implementation and administration of the provisions of this Part, including the implementation of a procedure to report and investigate any reasonable complaint regarding a violation of this Part. The procedure shall include all of the following:
(1) Establishing a centralized complaint reporting point using a toll-free phone number that is available to contractors, excavators, pipeline owners or operators, and the general public. The centralized complaint reporting system shall neither be combined with nor in conflict with the Hazardous Incidents Tracking System hazardous material hotline.
(2) Establishing a uniform complaint form to record the complainant’s name and identifying information, the nature and details of the complaint, the geographic location of the complaint, any information about parties involved in the complaint or incident, the date and time of the complaint, the date and time of the complaint report, and whether any collateral damage or off-site impact incurred, including information about the impact or damage. The uniform complaint form shall neither replace nor conflict with the uniform complaint form provided for in La. Rev. Stat. 40:1749.23(D).
(3) Investigating the validity of any complaint using any relevant information, including but not limited to any information provided by excavators, pipeline owners or operators, or a regional notification center with jurisdiction in the reported geographic area.
(4) Obtaining all information needed to issue a citation, order any other appropriate remedy, or otherwise adjudicate any complaint determined to be valid.
D.(1)(a) The commissioner shall adjudicate all violations involving the prevention of damage to pipelines and assess civil penalties or other civil remedies for those violations of this Part.
(b) All civil penalties or other civil remedies assessed by the commissioner pursuant to this Part shall be assessed in the same manner as prescribed by La. Rev. Stat. 30:544, including consideration of all of the following factors:
(i) The nature, circumstances, and gravity of the relevant violation.
(ii) The degree of culpability, history of prior violations, the effect on ability to continue to do business, any good faith in attempting to achieve compliance, ability to pay the penalty, and such other matters as justice requires with respect to the person found to have committed the violation.
(c) Damage prevention education shall be a component of each penalty or remedy imposed by the commissioner.
(2) All monies received or collected by the commissioner pursuant to his enforcement of the provisions of this Part as they apply to the prevention of damage to pipelines shall be deposited immediately upon receipt in the state treasury and shall be credited to the Oil and Gas Regulatory Dedicated Fund Account, La. Rev. Stat. 30:21.
Acts 2017, No. 218, §2, eff. June 14, 2017; Acts 2021, No. 114, §18, eff. July 1, 2022.