Or. Admin. Code § 345-027-0240

Current through Register Vol. 63, No. 10, October 1, 2024

Section 345-027-0240 - Conditions

In an order approving the construction, operation and retirement of a gas storage testing pipeline, the Department may impose conditions it finds necessary to ensure compliance with the Council substantive standards it identified as applicable in the letter described in OAR 345-027-0520(2). In addition, the Department shall impose the following conditions:

(1) The certificate holder must design, construct, operate and retire the gas storage testing pipeline in compliance with applicable Council rules and applicable federal, state and local laws, rules and ordinances in effect at the time the Department issues the order;

(2) The certificate holder must design, construct, operate and retire the gas storage testing pipeline substantially as described in representations in the request for approval and supporting record that the Department finds to be binding commitments made by the certificate holder;

(3) The certificate holder must prevent the development of any conditions in the area of the gas storage testing pipeline that would preclude restoration of the area to a useful, non-hazardous condition to the extent that prevention of such conditions is within the control of the certificate holder;

(4) Upon completion of construction of the pipeline, the certificate holder must dispose of all refuse and remove all temporary structures not needed to test or maintain an underground gas storage reservoir;

(5) The certificate holder must notify the Department of Energy, the State Building Codes Division and the Department of Geology and Mineral Industries promptly if investigations or trenching in the area of the pipeline reveal soil or geological conditions that differ significantly from those described in the request for approval;

(6) The certificate holder must submit to the Department copies of all incident reports involving the gas storage testing pipeline required under 49 CFR § 191.15;

(7) The certificate holder must allow properly identified representatives of the Council or Department to inspect the pipeline at any time, including all materials, activities, premises and records pertaining to design, construction, operation or retirement of the pipeline;

(8) The certificate holder must notify the Department when it begins construction, must keep the Department informed of construction progress and any unusual events or circumstances, and must notify the Department when it begins to use the pipeline for reservoir testing or maintenance;

(9) The certificate holder must notify the Department if it terminates use of the gas storage testing pipeline; and

(10) If the certificate holder decides to convert the gas storage testing pipeline to operational use, the certificate holder must notify the Department and, if required under OAR 345-027-0350, submit a request to amend the site certificate.

Or. Admin. Code § 345-027-0240

EFSC 1-2000, f. & cert. ef. 2-2-00; EFSC 1-2007, f. & cert. ef. 5-15-07; EFSC 1-2020, amend filed 01/28/2020, effective 1/28/2020

Statutory/Other Authority: ORS 469.405

Statutes/Other Implemented: ORS 469.405 & 469.992