Page:United States Statutes at Large Volume 93.djvu/1025

 PUBLIC LAW 96-129—NOV. 30, 1979

93 STAT. 993

"(d) Nothing in this Act shall be construed to authorize the imposition of penalties for the violation of any regulation and the violation of any order under section 10(b) or 12(b) if both violations Ante, p. 992. are based on the same act. "SPECIFIC REUEP

"SEC. 12. (a)(1) The Attorney General, at the request of the 49 USC I679b Secretary, may bring an action in an appropriate district court of the United States for equitable relief to redress or restrain a violation by any person of a provision of this Act or a regulation issued under this Act. Such district courts shall have jurisdiction to determine such actions and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages. "(2) In any proceeding for criminal contempt for violation of a Trial by jury. mandatory or prohibitive injunction issued under this subsection, which violation also constitutes a violation of this Act, trial shall be by the court or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 18 USC app. 42(b) of the Federal Rules of Criminal Procedure. "(b)(1) If the Secretary finds, after reasonable notice and an Hazardous opportunity for hearing, that any pipeline facility is hazardous to life facilities, corrective or property, he shall, by order, require the person operating the action. facility to take necessary corrective action. Such corrective action may include suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other action, as appropriate. "(2) The Secretary may find a pipeline facility to be hazardous Hazardous facilities, under paragraph (1)— "(A) if under the facts and circumstances he determines the determinations. particular facility is hazardous to life or property, or "(B) if the pipeline facility or a component thereof has been constructed or operated with any equipment, material, or technique which he determines is hazardous to life or property, unless the operator involved demonstrates to the satisfaction of the Secretary that under the particular facts and circumstances involved such equipment, material, or technique is not hazardous to life or property. "(3) In maldng a determination under paragraph (2), the Secretary shall consider, if relevant— "(A) the characteristics of the pipe and other equipment used in the pipeline facility involved, including its age, manufacturer, physical properties (including its resistance to corrosion and deterioration), and the method of its manufacture, construction, or assembly; "(B) the nature of the materials transported by such facility (including their corrosive and deteriorative qualities), the sequence in which such materials are transported, and the pressure required for such transportation; "(C) the aspects of the areas in which the pipeline facility is located, in particular the climatic and geologic conditions (including soil characteristics) associated with such areas, and the population density and population and growth patterns of such areas;

59-194 O — 81

65: QL3

�