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 [Repealed by amendment, 1989 c 244 s 17]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 [Repealed by amendment, 1989 c 244 s 17]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.
1988 c 624 s 19; 1989 c 244 s 17; 1991 c 233 s 96
Structure Minnesota Statutes
Chapters 299A - 299N — Public Safety
Section 299F.01 — Fire Marshal.
Section 299F.011 — State Fire Code; Administration And Enforcement.
Section 299F.0115 — Exemption For Members Of Federally Recognized Tribes.
Section 299F.012 — Fire Safety Account.
Section 299F.013 — Fuel Dispensing.
Section 299F.014 — Petroleum Storage Tanks; Tank Vehicle Parking.
Section 299F.03 — Special Attorney.
Section 299F.035 — Fire Department Use Of Criminal History Data.
Section 299F.036 — Firefighter; Previous Employment Investigation.
Section 299F.037 — Reporting Firefighter Deaths.
Section 299F.04 — Origin Of Fire Investigated; Computerized Arson Data.
Section 299F.05 — Law Enforcement Powers; Information System.
Section 299F.051 — Arson Training.
Section 299F.052 — Arson Reporting Immunity Law, Citation.
Section 299F.053 — Definitions.
Section 299F.054 — Disclosure Of Information.
Section 299F.055 — Confidential Data; Evidence.
Section 299F.056 — Enforcement.
Section 299F.057 — Applicability Of Ordinances; Concurrent Jurisdiction.
Section 299F.059 — Juvenile Fire Setter Intervention.
Section 299F.06 — Testimonial Powers.
Section 299F.08 — Premises, When Entered.
Section 299F.09 — Building Entered Within Reasonable Hours.
Section 299F.092 — Definitions.
Section 299F.093 — Powers And Duties Of Commissioner.
Section 299F.094 — Report Required; Contents.
Section 299F.095 — Powers And Duties Of Fire Department.
Section 299F.096 — Duty To Safeguard Private Information.
Section 299F.099 — Local Ordinance Preempted.
Section 299F.18 — Combustible Material Removed.
Section 299F.19 — Flammable Liquids And Explosives.
Section 299F.20 — Failure To Comply, Punishment.
Section 299F.28 — Records Are Public, Exceptions.
Section 299F.29 — County And City Attorneys To Assist.
Section 299F.30 — Fire Drill In School; Doors And Exits.
Section 299F.31 — Penalties Paid Into State Treasury.
Section 299F.32 — Statutory Construction.
Section 299F.35 — Statement Of Insured, Use In Civil Action.
Section 299F.3605 — Petroleum Refineries.
Section 299F.362 — Smoke Detector; Installation; Rules; Penalty.
Section 299F.391 — Health Care, Education, Or Lodging Facility.
Section 299F.40 — Liquefied Petroleum Or Industrial Gas Container.
Section 299F.46 — Hotel Inspections.
Section 299F.47 — School Inspections.
Section 299F.48 — Automatic Sprinkler Systems In Existing Public Housing Buildings.
Section 299F.50 — Definitions.
Section 299F.51 — Requirements For Carbon Monoxide Alarms.
Section 299F.56 — Definitions; Natural Gas Pipeline Safety.
Section 299F.57 — Safety Standards; Gas Pipeline.
Section 299F.58 — Certification And Report To Federal Government.
Section 299F.59 — Compliance With Standards.
Section 299F.60 — Pipeline Violation; Rules, Civil Penalties.
Section 299F.61 — Pipeline Violation; Injunctive Relief, Judicial Procedure.
Section 299F.62 — Plan To Operate And Maintain Gas Pipeline.
Section 299F.63 — Records, Reports, Inspections.
Section 299F.631 — Inspection Fee; Assessment, Rules.
Section 299F.64 — Federal Money.
Section 299F.641 — Intrastate Hazardous Liquid Pipeline.
Section 299F.72 — Definitions.
Section 299F.73 — License Required.
Section 299F.74 — Permit Required For Possession Or Use.
Section 299F.75 — Permit Application.
Section 299F.76 — Affirmation And Identification; Effective Period.
Section 299F.77 — Issuance To Certain Persons Prohibited.
Section 299F.785 — Black Powder.
Section 299F.79 — Unlawful Possession Of Component; Penalty.
Section 299F.80 — Unlawful Possession Of Explosive; Penalties.
Section 299F.82 — Illegal Transfer; Penalty.
Section 299F.83 — Negligent Discharge.
Section 299F.831 — Handling While Influenced By Alcohol Or Drug.
Section 299F.850 — Cigarette Fire Safety Definitions.
Section 299F.851 — Test Method And Performance Standard.
Section 299F.852 — Certification And Product Change.
Section 299F.853 — Marking And Cigarette Packaging.
Section 299F.854 — Penalties And Remedies.
Section 299F.855 — Implementation.
Section 299F.856 — Inspection.
Section 299F.857 — Reduced Cigarette Ignition Propensity Account.