Page:United States Statutes at Large Volume 102 Part 3.djvu/859

 PUBLIC LAW 100-561—OCT. 31, 1988

102 STAT. 2811

SEC. 204. QUALIFICATIONS FOR STATE GRANT PROGRAMS.

Section 205(d) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2004(d)) is amended by adding at the end the following new paragraph: "(5) QUALIFICATIONS FOR STATE GRANT PROGRAMS.—The Secretary may establish by regulation qualifications for States to meet in order to participate in the pipeline safety grant program under this subsection, including qualifications for State employees who perform inspection activities pursuant to either an annual certification by a State agency or an agreement relating to inspection between a State agency and the Secretary. Such regulations may take into account the experience and training of the State employee, may mandate training or other requirements, and may provide for conditional approval of qualifications pending satisfaction of specified requirements.". SEC. 205. INCREASED CIVIL PENALTIES.

Section 208(a)(1) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2007(a)(1)) is amended— (1) by inserting ", after notice and an opportunity for a hearing," after "Secretary"; (2) by striking out "$1,000" and inserting in lieu thereof "$10,000"; and (3) by striking out "$200,000" and inserting in lieu thereof "$500,000". SEC. 206. DESTRUCTION OF SIGNS OR MARKERS.

Section 208(c) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2007(c)) is amended by adding at the end the following new paragraph: "(3) DESTRUCTION OF SIGNS OR MARKERS.—Any person who

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willfully and knowingly defaces, damages, removes, or destroys enforcement and any pipeline sign or right-of-way marker required by Federal ^nme. law or regulation shall, upon conviction, be subject, for each offense, to a fine of not more than $5,000, imprisonment for a term not to exceed 1 year, or both". SEC. 207. ADDITIONAL INSPECTION AND TESTING. (a) INSPECTION AND TESTING.—Section 210 of the Hazardous Liquid

Pipeline Safety Act of 1979 (49 U.S.C. App. 2009) is amended by adding at the end the following new subsection: "(d) SECRETARY'S RESPONSIBILITIES.—

"(1) IN GENERAL.—The Secretary shall inspect and, as appropriate, shall require testing of pipeline facilities subject to this title and not covered by an agreement or certification under section 205 to ensure the safety of such pipeline facilities. To the extent and in such amounts as are provided in advance by appropriation Acts, such inspections shall be at intervals determined under paragraph (2) but no less frequently than once every 2 years thereafter. Such inspections shall begin as soon as feasible, but in no event more than 1 year after the date of the enactment of this subsection. Such testing shall be performed using the most appropriate technology practicable. "(2) CRITERIA FOR FREQUENCY AND TYPE.—The frequency and

type of inspection and testing under this subsection shall be determined by the Secretary on a case-by-case basis after consideration of the following factors:

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