Section 2073.5 - Immediate Closure Orders(a) General. The State Fire Marshal may immediately order any pipeline closed, under Section 13107.5, Health and Safety Code, when it is determined to be necessary to do so in the interests of public safety.(b) When the State Fire Marshal determines, as a result of an investigation involving a break, explosion, or fire involving a pipeline, that an unsafe condition or practice, or a combination of unsafe conditions and practices, constitutes or is causing an imminent hazard, as defined in Section 2070.1, the State Fire Marshal may issue or impose an immediate closure order, without advance notice or an opportunity for a hearing.(c) The pipeline shall remain closed until it is determined that operations may be resumed with safety or until any discovered safety defect has been remedied or repaired.(d) The order will contain a written description of:(1) The violation, condition, or practice that constitutes or is causing the imminent hazard;(2) Those entities subject to the order;(3) The restrictions, prohibitions, or safety measures imposed;(4) The standards and procedures for obtaining relief from the order;(5) How the order is tailored to abate the imminent hazard and the reasons the authorities under Section 2073.3 are insufficient to do so; and(6) How the considerations listed in paragraph (d) of this section were taken into account.(e) Consultation. In considering the factors under paragraph (e) of this section, the State Fire Marshal may consult, as the State Fire Marshal determines appropriate, with Federal agencies, State agencies, and other entities knowledgeable in pipeline safety or operations.(f) Considerations. Prior to issuing an immediate closure order, the State Fire Marshal shall consider the following, as appropriate: (1) The impact of the immediate closure order on public health and safety;(2) The impact, if any, of the immediate closure order on the State economy or security;(3) The impact of the immediate closure order on the ability of owners and operators of pipeline facilities to maintain reliability and continuity of service to customers; and(4) The results of any consultations with appropriate Federal agencies, State agencies, and other entities knowledgeable in pipeline safety or operations.(g) Service. The State Fire Marshal will provide service of immediate closure orders in accordance with Section 2070.2.Cal. Code Regs. Tit. 19, § 2073.5
1. New section filed 11-29-2022; operative 1-1-2023. Submitted to OAL for filing and printing only pursuant to Government Code section 51011 (Register 2022, No. 48). Note: Authority cited: Sections 51010, 51011 and 51018.6, Government Code. Reference: Sections 51010, 51011, 51018.6 and 51018.8, Government Code.
1. New section filed 11-29-2022; operative 1/1/2023. Submitted to OAL for filing and printing only pursuant to Government Code section 51011 (Register 2022, No. 48).