D.C. Mun. Regs. tit. 15, § 2397
2397.1 Failure to comply with this chapter may result in the penalties described specified in this chapter, for failure to comply with the Commission's rules and regulations.
2397.2 The penalties in this chapter are for violations of any regulation governing the safety of gas pipeline facilities and the transportation of gas. Each violation shall be subject to a civil penalty not to exceed one hundred thousand dollars ($100,000) or a greater maximum penalty established by federal laws and regulation at the time of the violation for each violation for each day that the violation persists. The maximum civil penalty shall not exceed one million dollars ($1,000,000) or a greater maximum penalty established by federal laws and regulations at the time of the violation for any related series of violations.
2397.3 Any person who refuses to provide natural gas safety records upon the proper request of the Commission shall be subject to the penalties set forth in D.C. Official Code § 34-705 (2010 Repl.).
2397.4 The following are the base amounts to be charged for violations of the Commission's rules on pipeline safety:
| Violation | 15 DCMR | Amount |
|---|---|---|
| Failure to make property and records accessible to the Commission | § 2302.4 | $5,000 |
| Failure to provide public information | § 2304 | $20,000 |
| Failure to implement safety requirement | § 2305 | $20,000 |
| Failure to file incident reports or provide timely and accurate notice of pipeline incident | § 2306 | $5,000 |
| Failure to file operation and maintenance plans and modifications thereof | § 2307 | $5,000 |
| Failure to file emergency contact information | § 2308 | $2,000 |
| Failure to establish and implement an emergency plan | § 2308 | $20,000 |
| Failure to provide contact information | § 2308.1 | $2,000 |
| Failure to keep records and make available for inspection | § 2314.1 | $10,000 |
| Failure to maintain specifications for material and equipment, installations, testing and fabricating | § 2314.2 | $10,000 |
| Failure to maintain plans covering operating and maintenance procedures | § 2314.3 | $20,000 |
| Failure to file gas procurement report | § 2315 | $5,000 |
| Failure of small gas operator to comply with Commission requirements, rules and regulations | § 2320 | $5,000 |
| Failure to operate, maintain and test meters | §§ 2351-2371 | $5,000 |
| Failure to supply gas meeting standard characteristics | §§ 2374-2377 | $5,000 |
|---|---|---|
2397.5 The following are the base amounts to be charged for intrastate violations of the United States Department of Transportation rules on pipeline safety:
| Violation | 49 C.F.R. | Amount |
|---|---|---|
| Failure to give timely and accurate notice of pipeline incident | §§ 191.5 - 191.7 | $5,000 |
| Failure to provide incident or annual reports | §§ 191.9 - 191.11 | $5,000 |
| Failure to provide transmission incident or annual reports | §§ 191.15 - 191.17 | $5,000 |
| Failure to report safety-related conditions on a timely basis | § 191.23 | $5,000 |
| Operation of pipeline without meeting requirements of 49 C.F.R. § 192.13 | § 192.13 | $20,000 |
| Operation of pipeline without meeting requirements of 49 C.F.R. § 192.14 | § 192.14 | $10,000 |
| Failure to provide customer notification | § 192.16 | $10,000 |
| Failure to meet minimum requirements for selection and qualification of pipeline and pipeline components | §§ 192.53 - 192.59 | $10,000 |
| Failure to properly mark pipe and pipeline components | § 192.63 | $10,000 |
| Failure to properly design pipe and installation of improperly designed pipe | §§ 192.105 - 192.125 | $10,000 |
| Failure to properly design pipeline components and installation of improperly designed pipeline components | §§ 192.141 - 192.203 | $10,000 |
| Failure to properly weld materials in pipelines | §§ 192.221 - 192.245 | $20,000 |
| Failure to properly join materials in pipelines, other than by welding | §§ 192.271 - 192.287 | $20,000 |
| Failure to properly construct transmission lines and mains | §§ 192.303 - 192.328 | $20,000 |
| Failure to properly install customer meters, service regulators, service lines, service line valves and service line connections to mains | §§ 192.351 - 192.383 | $20,000 |
| Failure to properly protect metallic pipelines from corrosion | §§ 192.451 - 192.491 | $20,000 |
| Operation of pipelines without proper testing and remediation | §§ 192.503 - 192.517 | $20,000 |
| Failure to meet minimum requirements for the operation of pipeline facilities | §§ 192.603 - 192.631 | $20,000 |
|---|---|---|
| Failure to meet minimum requirements for maintenance of pipeline facilities | §§ 192.701 - 192.755 | $20,000 |
| Failure to meet minimum requirements for operator qualification | §§ 192.801 -192.809 | $20,000 |
| Failure to meet minimum requirements for integrity management | §§ 192.901 - 192.1015 | $20,000 |
| Failure to maintain and follow a written anti-drug plan consistent with the federal rules | § 199.101 | $20,000 |
| Employing a person who fails or refuses a drug test | § 199.103 | $50,000 |
| Failing to conduct tests for the presence of a prohibited drug | § 199.105 | $10,000 |
| Failure to use certified drug testing laboratories | § 199.107 | $10,000 |
| Failure to provide for medical review officers and procedures | §§ 199.109 - 199.111 | $5,000 |
| Failure to provide an Employee Assistance Program | § 199.113 | $5,000 |
| Failure of a contractor to allow compliance monitoring | § 199.115 | $5,000 |
| Failure to keep proper records | § 199.117 | $5,000 |
| Failure to establish and enforce alcohol misuse programs and plans | §§ 199.202 - 199.225 | $20,000 |
| Failure to keep proper records or to report on alcohol misuse programs and testing and failure to provide access to facilities and records | §§ 199.227 - 199.231 | $20,000 |
| Failure to remove a covered employee from a covered function | §§ 199.233 -199.237 | $30,000 |
| Failure to promulgate a policy on the misuse of alcohol | § 199.239 | $5,000 |
| Failure to ensure supervisor training and to provide referral, evaluation and treatment | §§ 199.241 -199.243 | $5,000 |
2397.7 The Commission shall consider the following factors in determining the amount of any civil penalty:
| Adjustment Criteria | Effect |
|---|---|
| Appropriateness of the penalty to the size of the business of the person charged | 100% Increase or |
| 50% Decrease | |
|---|---|
| Gravity of the violation (including environmental considerations) | 200% Increase |
| Good faith of the person charged in attempting to achieve compliance | 25% Decrease |
2397.8 The Commission may consider the following downward adjustment criteria in determining the amount of any civil penalty:
| Downward Adjustment Criteria | Effect |
|---|---|
| Minor Violation | 50% Decrease |
| Voluntary Disclosure | 50% Decrease |
| History of Overall Compliance | 50% Decrease |
| Inability to Pay | 25% Decrease |
2397.9 The Commission may consider the following upward adjustment criteria in determining the amount of any civil penalty:
| Upward Adjustment Criteria | Effect |
|---|---|
| Misrepresentation or Lack of Candor | 100% Increase |
| Ability to Pay/Relative Disincentive | 100% Increase |
| Intentional Violation | 300% Increase |
| Substantial Threat to Public Safety | 500% Increase |
| Prior Violation of Commission Requirements | 100% Increase |
| Economic Benefit | 100% Increase |
| Repeated or Continuous Violation | 200% Increase |
| Inadequate Supervision | 300% Increase |
SOURCE: Final Rulemaking published at 33 DCR 6625, 6631 (October 24, 1986); as amended by Final Rulemaking published at 49 DCR 8223 (August 23, 2002); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013); as amended by Final Rulemaking published at 67 DCR 11091 (September 18, 2020); as amended by Errata Notice published at 68 DCR 005253 (May 14, 2021).