La. Admin. Code tit. 33 § V-30127

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-30127 - Telephonic Notice of Certain Accidents [49 CFR 195.52]

A. Notice Requirements. At the earliest practicable moment within one hour following discovery, of a release of the hazardous liquid or carbon dioxide transported resulting in an event described in §30125, but no later than one hour after confirmed discovery, the operator of the system shall give notice, in accordance with §30127.B of any failure that: [ 49 CFR 195.52(a)]

1. caused a death or a personal injury requiring hospitalization; [ 49 CFR 195.52(a)(1)]

2. resulted in either a fire or explosion not intentionally set by the operator; [ 49 CFR 195.52(a)(2)]

3. caused estimated property damage, including cost of clean-up and recovery, value of lost product, and damage to the property of the operator or others, or both, exceeding $50,000; [ 49 CFR 195.52(a)(3)]

4. resulted in pollution of any stream, river, lake, reservoir, or other similar body of water that violated applicable water quality standards, caused a discoloration of the surface of the water or adjoining shoreline, or deposited a sludge or emulsion beneath the surface of the water or upon adjoining shorelines; or [ 49 CFR 195.52(a)(4)]

5. in the judgment of the operator was significant even though it did not meet the criteria of any other paragraph of this Section. [ 49 CFR 195.52(a)(5)]

B. Information Required. Each notice required by Subsection A of this Section must be made to the National Response Center either by telephone to (800) 424-8802 (in Washington, DC, (202) 267-2675) or electronically at http://www.nrc.uscg.mil and by telephone to the State of Louisiana to (225) 342-5505 and must include the following information: [ 49 CFR 195.52(b)]

1. name, address and identification number of the operator; [ 49 CFR 195.52(b)(1)]

2. name and telephone number of the reporter; [ 49 CFR 195.52(b)(2)]

3. the location of the failure; [ 49 CFR 195.52(b)(3)]

4. the time of the failure; [ 49 CFR 195.52(b)(4)]

5. the fatalities and personal injuries if any; [ 49 CFR 195.52(b)(5)]

6. initial estimate of amount of product released in accordance with Subsection C of this Section; [ 49 CFR 195.52(b)(6)]

7. all other significant facts known by the operator that are relevant to the cause of the failure or extent of the damages. [ 49 CFR 195.52(b)(7)]

C. Calculation. A pipeline operator must have a written procedure to calculate and provide a reasonable initial estimate of the amount of released product. [ 49 CFR 195.52(c)]

D. New Information. Within 48 hours after the confirmed discovery of an accident, to the extent practicable, an operator must revise or confirm its initial telephonic notice required in Subsection B of this Section with a revised estimate of the amount of product released, location of the failure, time of the failure, a revised estimate of the number of fatalities and injuries, and all other significant facts that are known by the operator that are relevant to the cause of the accident or extent of the damages. If there are no changes or revisions to the initial report, the operator must confirm the estimates in its initial report. [ 49 CFR 195.52(d) ]

La. Admin. Code tit. 33, § V-30127

Promulgated by the Department of Natural Resources, Office of Conservation, Pipeline Division, LR 15:629 (August 1989), amended LR 18:863 (August 1992), LR 20:440 (April 1994), LR 21:816 (August 1995), LR 29:2811 (December 2003), LR 35:2795 (December 2009), LR 38:103 (January 2012), Amended LR 441023 (6/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:753.