§ 23-15-205 - Safety standards.
23-15-205. Safety standards.
(a) The Arkansas Public Service Commission by order pursuant to the provisions of the Arkansas Administrative Procedure Act, 25-15-201 et seq., for purposes of this subchapter only 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 and designed to meet the needs for pipeline safety.
(c) In prescribing the safety standards, the commission shall consider:
(1) Relevant available pipeline safety data;
(2) Whether such standards are appropriate for the particular type of pipeline transportation;
(3) The reasonableness of any proposed standard; and
(4) The extent to which such standards will contribute to the public safety.
(d) Safety regulations promulgated for gas pipeline facilities or the transportation of gas shall be consistent with federal law and with rules and regulations promulgated under authority of the Natural Gas Pipeline Safety Act of 1968, Pub. L. 90-481, as amended.
(e) Standards affecting the design, installation, construction, initial inspection, and initial testing shall not be applicable to pipeline facilities in existence on the date such standards are adopted.
(f) Whenever the commission finds a particular facility to be hazardous to life or property, it shall be empowered to require the person operating the facility to cease such operation or to take steps necessary to remove the hazards.