Page:United States Statutes at Large Volume 93.djvu/1043

 PUBLIC LAW 96-129—NOV. 30, 1979

93 STAT. 1011

(A) if under the facts and circumstances he determines the 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 making 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; (D) any recommendation of the National Transportation Safety Board issued in connection with any investigation conducted by the Board under other provisions of law; and (E) such other factors as the Secretary may consider appropriate. (4) The district courts of the United States shall have jurisdiction, U.S. jurisdiction. upon petition by the Attorney General, to enforce orders issued under this subsection by appropriate means. (5) The Secretary may waive the requirements for notice and Notice and hearing, hearing under this subsection and provide for expeditious issuance of waiver. an order under this subsection in any case in which he determines that the failure to do so would result in the likelihood of serious harm to life or property. However, the Secretary shall include in such an order an opportunity for hearing as soon as practicable after issuance of an order. INSPECTION AND MAINTENANCE

SEC. 210. (a) Each person who engages in the transportation of Written hazardous liquids or who owns or operates pipeline facilities shall plan. prepare, maintain at such office or offices of that person as the 49 USC 2009. Secretary determines appropriate, and carry out a current written plan for inspection and maintenance of each facility used in that transportation and owned or operated by that person in accordance with regulations prescribed by the Secretary or, where a certification or agreement pursuant to section 205 of this title is in effect, by the appropriate State agency. The Secretary may, by regulation, also Plans, filing require persons who engage in the transportation of hazardous for approval. liquids or who own or operate pipeline facilities subject to the provisions of this title to file such plans for approval. A plan required by this subsection shall be practicable and designed to meet the need for pipeline safety and shall be made available to the Secretary or appropriate State agency upon request pursuant to section 211.

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