Sec. 7.5. NOPV; Commission hearing.

510 words·~2 min read·/il/chapter-220/act-20/7-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)For the purposes of this Section, "violation" means a failure to comply with any provision of this Act or any Commission order or rule issued under this Act.

(b)After investigation and determination of a probable violation, the pipeline safety manager may issue and deposit in the United States mail an NOPV. Any NOPV so issued and mailed may also be posted on the Commission's website as a public document, subject to the requirements of Section 4-404 of the Public Utilities Act.

(c)An NOPV shall set forth, at a minimum, the following:

(1)the date the NOPV was issued and deposited in the United States mail;

(2)a description of the violation or violations alleged;

(3)the date and location of the safety incident, if applicable, related to each alleged violation;

(4)a detailed description of the circumstances that support the determination of each proposed violation;

(5)a detailed description of the corrective action required with respect to each proposed violation;

(6)the amount of the penalty, if any, recommended with respect to each proposed violation;

(7)the applicable recommended deadline for payment of each proposed penalty and for completion of each proposed corrective action (in no event shall any recommended deadline be less than 30 days after the date of the NOPV);

(8)notification that any such recommended deadline may be extended by mutual agreement of the parties for the purpose of facilitating settlement or compromise; and

(9)a brief description of the procedures by which any recommended penalty or proposed corrective action may be challenged at the Commission or approved pursuant to subsection

(f)of Section 7.

(d)Payment in full of each of the recommended penalties and full completion of each of the proposed corrective actions, as identified in the NOPV and in accordance with the terms and conditions set forth in the NOPV, including without limitation the respective recommended deadlines set forth in the NOPV for such payment or completion, shall constitute a final resolution of the NOPV, subject to the approval by the Commission of the recommended penalty and payment in accordance with subsection

(f)of Section 7.

(e)If one or more of the alleged violations set forth in an NOPV is contested, then the Commission shall have the power and it is hereby given authority, either upon complaint or upon its own motion, upon reasonable notice, to enter upon a hearing under this Act concerning the incident referenced in the NOPV, in accordance with Article X of the Public Utilities Act. If a recommended penalty is not paid prior to the deadline recommended in the NOPV or other mutually agreed upon date, or if one or more of the proposed corrective actions set forth in an NOPV is not fully and timely completed in accordance with the terms and conditions set forth in the NOPV, the NOPV shall be deemed contested.

(f)The Commission shall have the power to adopt rules to implement this Section to the extent the Commission deems such rules necessary or desirable.