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23-15-209. Compliance and waiver.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-15-209. Compliance and waiver.
(a) Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall:
(1) At all times after the date any applicable safety standard established under this subchapter takes effect, comply with the requirements of such standard;
(2) File and comply with a plan of inspection and maintenance required by § 23-15-208; and
(3) Permit access to or copying of records, make reports or provide information, and permit entry or inspection, as required under §§ 23-15-206 and 23-15-207.
(b) The Arkansas Public Service Commission, pursuant to the provisions of the Natural Gas Pipeline Safety Act of 1968, Pub. L. No. 90-481, may waive compliance with a safety standard.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-15-209
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:23-15-209
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 671ac5fdbc78b85832b4336f7bcb2d14f78e6fc0d967eb06e9efce765e7dbf22
Source location: content.xml paragraph 10863
Stored source content
23-15-209. Compliance and waiver.
(a) Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall:
(1) At all times after the date any applicable safety standard established under this subchapter takes effect, comply with the requirements of such standard;
(2) File and comply with a plan of inspection and maintenance required by § 23-15-208; and
(3) Permit access to or copying of records, make reports or provide information, and permit entry or inspection, as required under §§ 23-15-206 and 23-15-207.
(b) The Arkansas Public Service Commission, pursuant to the provisions of the Natural Gas Pipeline Safety Act of 1968, Pub. L. No. 90-481, may waive compliance with a safety standard.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-15-206. Reports, records, etc., to be maintained — Access by commission.
(a) The Arkansas Public Service Commission may require persons subject to this subchapter to maintain record maintenance, reporting, and inspection.
(b) Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall establish and maintain such records, make such reports, and provide such information as the commission may reasonably require to enable it to determine whether the person has acted or is acting in compliance with this subchapter and the standards established under this subchapter.
(c) Each person who engages in the transportation of gas or who owns or operates pipeline facilities upon request of an officer, employee, or agent authorized by the commission shall permit such officer, employee, or agent to inspect books, papers, records, and documents, relevant to determining whether such person has acted or is acting in compliance with this subchapter and the standards established pursuant to this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-15-206
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-15-206. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-15-207. Inspections and investigations generally.
(a)(1) The Arkansas Public Service Commission may make inspections and investigations consistent with this subchapter and conduct investigations of pipeline failures whenever needed, and in connection therewith, enter private or public property at all reasonable times.
(2) The results of investigations shall be reduced to writing if any enforcement action is contemplated and a copy thereof furnished to the operator of the pipeline facilities or transportation of gas facilities inspected or investigated before any enforcement action is initiated.
(b) The commission is authorized to conduct inspections and investigations other than those in § 23-15-206 as may be necessary to aid in the enforcement of the provisions of this subchapter and the standards established pursuant to this subchapter. In doing so, it may obtain possession of any pipe or any part of a pipeline facility for analysis, inspection, or testing.
(c) For purposes of enforcement of this subchapter, officers, employees, or agents authorized by the commission, upon presenting appropriate credentials to the individual in charge, are authorized:
(1) To enter upon pipeline facilities at reasonable times; and
(2) To inspect such facilities at reasonable times and within reasonable limits and in a reasonable manner.
(d) Each inspection shall be commenced and completed with reasonable promptness.
(e) The commission may furnish the appropriate prosecuting attorney or the Attorney General any information obtained indicating noncompliance with such standards for appropriate action.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-15-207
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-15-207. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-15-208. Inspection and maintenance plans.
(a) Each person who engages in the transportation of gas or who owns or operates pipeline facilities not subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act shall file with the Arkansas Public Service Commission a plan for inspection and maintenance of each pipeline facility owned or operated by the person and any changes in the plan in accordance with rules prescribed by the Arkansas Public Service Commission.
(b) The Arkansas Public Service Commission by rule may also require persons who engage in the transportation of gas or who own or operate pipeline facilities subject to the provisions of this subchapter to file such plans for approval.
(c) If at any time the Arkansas Public Service Commission finds that the plan is inadequate to achieve safe operation, the Arkansas Public Service Commission after notice and opportunity for a hearing shall require the plan to be revised.
(d) The plan required by the Arkansas Public Service Commission shall be practicable and designed to meet the need for pipeline safety.
(e) In determining the adequacy of the plan, the Arkansas Public Service Commission shall consider:
(1) Relevant available pipeline safety data;
(2) Whether the plan is appropriate for the particular type of pipeline transportation;
(3) The reasonableness of the plan; and
(4) The extent to which the plan will contribute to public safety.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-15-208
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-15-208. This identifies an authority to review, not proof of applicability.