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299F.641 INTRASTATE HAZARDOUS LIQUID PIPELINE.
    Subdivision 1. Jurisdiction. The commissioner has regulatory jurisdiction over the safety
standards and practices of intrastate hazardous liquid pipeline facilities and the transportation of
hazardous liquids associated with those facilities.
    Subd. 2. Federal standards adopted. The federal safety standards adopted as Code of
Federal Regulations, title 49, parts 195 and 199, and standards that may be adopted that amend
parts 195 and 199, are adopted as minimum safety standards. The commissioner may by rule
adopt additional or more stringent safety standards for intrastate hazardous liquid pipeline
facilities and the transportation of hazardous liquids associated with those facilities, if the state
standards are compatible with the federal standards. The standards may not prescribe the location
or routing of a pipeline facility.
    Subd. 3. Enforcement through inspection program. The commissioner must establish and
implement an inspection program to enforce the standards adopted under subdivision 2. The
program must be established and implemented in a manner that complies with requirements for
state certification under United States Code, title 49, section 2004.
    Subd. 4.[Repealed by amendment, 1989 c 244 s 17]
    Subd. 5.[Repealed by amendment, 1989 c 244 s 17]
    Subd. 5a. Waiver. On application of a person engaged in the transportation of hazardous
liquid or the operation of hazardous liquid pipeline facilities, the commissioner may, after notice
and opportunity for hearing and under terms and conditions and to the extent the commissioner
considers appropriate, waive in whole or in part compliance with standards established under this
section, on determining that a waiver of compliance with a standard is consistent with hazardous
liquid pipeline safety. The commissioner shall state the reason for a waiver.
    Subd. 6. Operation and maintenance plan. (a) Each person who engages in the
transportation of hazardous liquids or who owns or operates hazardous liquid pipeline facilities
must prepare, maintain, and carry out a current written plan for operation and maintenance of
each facility used in that transportation and owned or operated by that person as prescribed by the
commissioner. The commissioner may, by regulation, also require persons who engage in the
transportation of hazardous liquids or who own or operate pipeline facilities subject to this section
to file the plans for approval. A plan required by this subdivision must be practicable, designed to
meet the need for pipeline safety, and available to the commissioner on request. The plan must
enhance the commissioner's ability to discover a condition that causes a significant change or
restriction in the operation of the pipeline facilities or constitutes a hazard to life or property.
(b) If the commissioner finds that a plan required under this subdivision is inadequate to
achieve safe operation of pipeline facilities, the commissioner may, after notice and opportunity
for a hearing, require the plan to be revised. In determining the adequacy of a plan filed under
this section, the commissioner shall consider:
(1) relevant available pipeline safety data;
(2) whether the plan is appropriate for the particular type of pipeline transportation or facility;
(3) the reasonableness of the plan; and
(4) the extent to which the plan will contribute to public safety.
    Subd. 7. Annual certification report. The commissioner is authorized to make certifications
and reports to the United States Secretary of Transportation as may be required from time to time
under the federal Hazardous Liquid Pipeline Safety Act.
    Subd. 8. Civil relief. The safety standards adopted under this section may be enforced as is
provided for gas pipeline facilities under sections 299F.60 and 299F.61, and penalties collected
must be paid to the commissioner for deposit in the state treasury and credit to the pipeline
safety account.
History: 1988 c 624 s 19; 1989 c 244 s 17; 1991 c 233 s 96

Official Publication of the State of Minnesota
Revisor of Statutes