This subtitle applies to any intrastate hazardous liquid pipeline located in Maryland and to an operator of these pipeline facilities. In this subtitle, the following terms have the meanings indicated. Terms Defined. “Accident” has the meaning stated in 49 CFR §195.5. “Breakout tank” means a tank used to relieve surges in a hazardous liquid pipeline system or to receive and store hazardous liquid transported by a pipeline for reinjection and continued transportation by pipeline. “Chief engineer” means the head of the Engineering Division of the Commission. “Commission” means the Public Service Commission of Maryland. “Company” has the meaning stated in the Public Utilities Article, §1-101(f), Annotated Code of Maryland. “Compliance order” means a document issued by the Engineering Division to an operator directing compliance. “Division” means the Engineering Division of the Commission. “Hazardous liquid” has the meaning stated in the Public Utilities Article, §11-201, Annotated Code of Maryland and 49 CFR §195.2. “NOPV” means a notice of probable violation issued under COMAR 20.58.02.05. “Operator” means a person that owns or operates a pipeline facility. Pipeline. “Pipeline” means any part of a pipeline facility through which a hazardous liquid moves in transportation. “Pipeline” includes line pipe, valves, other appurtenances connected to a line pipe, pumping units, associated fabricated assemblies, and breakout tanks. “Pipeline facility” means new and existing pipelines, rights-of-way, and any equipment, facility, or building used or intended for use in the transportation of a hazardous liquid. An operator shall construct, install, maintain, and operate a hazardous liquid pipeline in accordance with accepted good engineering practice in the hazardous liquid pipeline industry to ensure the safety of individuals and property. Required Information. Each operator shall file with the Commission the following information in writing: The location of each hazardous liquid pipeline facility; The name, address, and telephone number of the person responsible for each hazardous liquid pipeline facility; A complete set of “as built” plans and maps of the pipeline facility; and A copy of: The procedural manual for operation, maintenance, emergencies, and operator qualification required under 49 CFR 195; and Revisions to the manual at the time they are incorporated. Notice of Heated Fuel Oil Pumping. As soon as practicable, an operator shall give advanced notice to the Commission's designated safety engineer of the start of pumping operations involving heated fuel oil. Construction Notice. An operator shall provide written notice to the Commission, at least 30 days or as soon as practicable before commencement of construction, a description of any significant change, repair, or replacement to the pipeline system. Breakout Tank Notice. If a breakout tank is removed from service for maintenance required under 49 CFR Part 195, an operator shall notify the Commission 30 days before the removal. If removal of a breakout tank is not covered by §D(1) of this regulation, an operator shall notify the Commission as soon as practicable. In this subtitle, the following documents are incorporated by reference: 49 CFR Part 195, Transportation of Hazardous Liquids by Pipeline, as amended; and 49 CFR Part 199, Drug and Alcohol Testing, as amended. The Commission is an authorized agent of the United States Department of Transportation for the administration and enforcement of federal regulations that apply to hazardous liquid pipeline facilities in Maryland. Facility Access. Upon reasonable notice, a Commission representative shall have access to each pipeline facility to conduct examinations or inspections to ensure compliance with these regulations. Timing of Inspections. The Commission shall conduct routine inspections of the pipeline facility during regular business hours. If an accident or safety-related condition occurs, the Commission may inspect a pipeline facility at any time. Reports. An operator shall immediately make a telephonic notification to the Commission and the local emergency management agency of a hazardous liquid release reported as required by 49 CFR §195.52. An operator shall maintain and file with the Commission all reports that are required to be filed with the United States Department of Transportation by 49 CFR Part 195. Records. An operator shall maintain and make available to the Commission for inspection all documents and records required by 49 CFR Part 195. Public Utilities Article, §§2-113, 2-121, 5-101, and 11-201—11-206, Annotated Code of Maryland Effective date: January 20, 2003 (30:1 Md. R. 29) Regulation .04D adopted effective April 21, 2008 (35:8 Md. R. 809) Regulation .05 repealed and new Regulation .05 adopted effective April 21, 2008 (35:8 Md. R. 809) Regulation .08 adopted effective June 23, 2003 (30:12 Md. R. 792)