Page:United States Statutes at Large Volume 82.djvu/767

 82 STAT. ]

PUBLIC LAW 90-4S1-AUG. 12, 1968

725

review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28 of the United States Code.

62 Stat. 928.

(d) Any action instituted under this section shall survive, notwithstanding any change in the person occupying the office of Secretary or any vacancy in such office. (e) The remedies provided for in this section shall be in addition to and not in substitution for any other remedies provided by law. COOPERATION W I T H FEDERAL POWER COMMISSION AND STATE COMMISSION S

SEC. 7. Whenever the establishment of a standard or action upon application for waiver under the provisions of this Act, would affect continuity of any gas services, the Secretary shall consult with and advise the Federal Power Commission or State commission having jurisdiction over the affected pipeline facility before establishing the standard or acting on the waiver application and shall defer the effective date until the Federal Power Commission or any such commission has had reasonable opportunity to grant the authorizations it deems necessary. In any proceedings under section 7 of the Natural Gas Act (15 U.S.C. 717f) for authority to establish, construct, operate, or ex- 52 Stat. 824; tend a gas pipeline which is or will be subject to Federal or other g^ H^^ ^^ applicable safety standards, any applicant shall certify that it will design, install, inspect, test, construct, operate, replace, and maintain the pipeline facilities in accordance with Federal and other applicable safety standards and plans for maintenance and inspection. Such certification shall be binding and conclusive upon the Commission unless the relevant enforcement agency has timely advised the Commission in writing that the applicant has violated safety standards established pursuant to this Act. COMPLIANCE

SEC. 8. (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 Act takes effect comply with the requirements of such standard; and (2) file and comply with a plan of inspection and maintenance required by section 11; and (3) permit access to or copying of records, and make reports or provide information, and permit entry or inspection, as required under section 12. (b) Nothing in this Act shall affect the common law or statutory tort liability of any person. CIVIL PENALTY

SEC. 9. (a) Any person who violates any provision of section 8(a), or any regulation issued under this Act, shall be subject to a civil penalty of not to exceed $1,000 for each such violation for each day that such violation persists, except that the maximum civil penalty shall not exceed $200,000 for any related series of violations: Provided, That for a reasonable period of time, not to exceed one year after the date of enactment of this Act, such civil penalties shall not be applicable to pipeline facilities existing on such date of enactment. (b) Any such civil penalty may be compromised by the Secretary. I n determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance,

Exception.

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