§ 23-15-201. Title
This subchapter may be cited as the “Arkansas Natural Gas Pipeline Safety Act of 1971”.
§ 23-15-202. Purpose
It is the purpose of this subchapter to empower the Arkansas Public Service Commission to submit a satisfactory certification pursuant to Section 5 of the Natural Gas Pipeline Safety Act of 1968, Pub. L. No. 90-481, and to otherwise protect the public peace, health, and safety of the citizens of this state.
§ 23-15-203. Definitions
As used in this subchapter, unless the context otherwise requires: (1) “Commission” means the Arkansas Public Service Commission; (2) “Gas” means natural gas, flammable gas, or gas which is toxic or corrosive; (3) “Interstate transmission facilities” means pipeline facilities used in the transportation of gas which are subject to the jurisdiction of the Federal Energy […]
§ 23-15-204. General powers of commission
The Arkansas Public Service Commission may: (1) Advise, consult, contract, and cooperate with any agency of the federal government, the State of Arkansas, or any other state in projects of common interest of the regulations of safety of pipeline facilities and transportation of gas and administer the authority delegated to the commission by contract with […]
§ 23-15-205. Safety standards
(a) The Arkansas Public Service Commission by order may promulgate, amend, enforce, waive, and repeal minimum safety standards for the transportation of gas and pipeline facilities. (b) (1) These standards may apply to the design, installation, inspection, testing, construction, extension, operation, replacement, and maintenance of pipeline facilities. (2) The state safety standards shall be practicable […]
§ 23-15-206. Reports, records, etc., to be maintained — Access by commission
(a) The Arkansas Public Service Commission may require persons subject to this subchapter to maintain record maintenance, reporting, and inspection. (b) Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall establish and maintain such records, make such reports, and provide such information as the commission may reasonably […]
§ 23-15-207. Inspections and investigations generally
(a) (1) The Arkansas Public Service Commission may make inspections and investigations consistent with this subchapter and conduct investigations of pipeline failures whenever needed, and in connection therewith, enter private or public property at all reasonable times. (2) The results of investigations shall be reduced to writing if any enforcement action is contemplated and a […]
§ 23-15-208. Inspection and maintenance plans
(a) Each person who engages in the transportation of gas or who owns or operates pipeline facilities not subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act shall file with the Arkansas Public Service Commission a plan for inspection and maintenance of each pipeline facility owned or operated by […]
§ 23-15-209. Compliance and waiver
(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 subchapter takes effect, comply with the requirements of such standard; (2) File and comply with a plan of inspection and maintenance required by […]
§ 23-15-210. Confidentiality of information obtained by commission — Exception
(a) All information reported to or otherwise obtained by the Arkansas Public Service Commission or its representative pursuant to the provisions hereof, which information contains or relates to a trade secret referred to in 18 U.S.C. § 1905, shall be considered confidential for the purpose of that section, except that the information may be disclosed […]
§ 23-15-211. Civil penalty — Compromise — Proceedings
(a) A person who violates a provision of § 23-15-209 or a rule issued under this subchapter is subject to a civil penalty not to exceed: (1) Two hundred thousand dollars ($200,000) for each day that the violation persists; and (2) Two million dollars ($2,000,000) for any related series of violations. (b) Any such civil […]
§ 23-15-212. Injunction and jurisdiction
(a) (1) The Arkansas Public Service Commission pursuant to the provisions of Acts 1935, No. 324, shall have the right to file suit to restrain violations of this subchapter, including the restraint of transportation of gas or the operation of a pipeline facility, or to enforce standards established hereunder upon petition by the commission or […]
§ 23-15-213. Tort liability
Nothing in this subchapter shall affect the common law or statutory tort liability of any person.
§ 23-15-214. Fees — Definition
(a) (1) There is levied and charged and shall be collected by the Arkansas Public Service Commission an annual assessment fee against each natural gas pipeline transporter, owner, or operator subject to the provisions of this subchapter to provide for the cost of operating the pipeline safety program of the commission. (2) Each natural gas […]
§ 23-15-215. Legislative intent concerning § 23-15-214
(a) It is the purpose and intent of the General Assembly in enacting § 23-15-214 to specifically authorize the Arkansas Public Service Commission to make assessments upon interstate pipelines operating within this state and to provide funds to initiate and carry out an effective gas pipeline safety inspection program in order to properly protect the […]
§ 23-15-216. Disposition of funds
On receipt of the fees, charges, and penalties provided for in this subchapter, the secretary of the Arkansas Public Service Commission shall pay the fees, charges, and penalties into the State Treasury. The amounts received by the Treasurer of State shall be credited by him or her as special revenues and designated as the “Public […]
§ 23-15-217. Jurisdiction of commission over natural gas pipeline inspections
(a) The Office of Pipeline Safety of the Arkansas Public Service Commission shall continue its administration of and shall continue to conduct safety inspections for any natural gas pipeline facilities which contain one hundred (100) or more parts per million of hydrogen sulfide which by this act or any other act of the General Assembly […]