| (3) If an operator adds a new permit after its renewal
month has passed, the new permit shall be renewed the following Commission
fiscal year in the operator's designated month pursuant to subsection
(j)(2) of this section.
(l) A pipeline operator who fails to renew a permit
on or before the renewal deadline which is the last day of the operator's
required filing month as specified in subsection (j) of this section
shall pay a late-filing fee as follows:
(1) $250, if the renewal application is received within
30 calendar days after the renewal deadline date;
(2) $500, if the renewal application is received more
than 30 calendar days and no more than 60 calendar days after the
renewal deadline date; and
(3) $700, if the renewal application is received more
than 60 calendar days after the renewal deadline date.
(4) If the renewal application is not received within
90 calendar days of the renewal deadline date, the Commission may
assess a penalty and/or revoke the operator's permit in accordance
with subsection (h) of this section.
(m) A pipeline operator with a total mileage of 50
miles or less of pipeline who fails to pay the annual mileage fee
as specified in subsection (i) of this section shall pay a late-filing
fee as follows:
(1) $125, if the fee is received within 30 calendar
days of April 1;
(2) $250, if the fee is received more than 30 calendar
days and no more than 60 calendar days after April 1; and
(3) $350, if the fee is received more than 60 calendar
days after April 1.
(4) If the fee is not received within 90 calendar days
of April 1, the Commission may assess a penalty and/or revoke the
operator's permit in accordance with subsection (h) of this section.
(n) A pipeline operator with a total mileage of more
than 50 miles of pipeline who fails to pay the annual mileage fee
shall pay a late-filing fee as follows:
(1) $250, if the fee is received within 30 calendar
days of August 31 for the initial year that the requirement is in
effect and April 1 for each subsequent year;
(2) $500, if the fee is received more than 30 calendar
days and no more than 60 calendar days after August 31 for the initial
year that the requirement is in effect and April 1 for each subsequent
year; and
(3) $700, if the fee is received more than 60 calendar
days after August 31 for the initial year that the requirement is
in effect and April 1 for each subsequent year.
(4) If the fee is not received within 90 calendar days
of August 31 for the initial year that the requirement is in effect
or April 1 for each subsequent year, the Commission may assess a penalty
and/or revoke the operator's permit in accordance with subsection
(h) of this section.
(o) A pipeline operator who has been issued a permit
and is transferring the pipeline or a portion of the pipeline included
on the permit to another operator shall file a notification of transfer
with the Commission within 30 days following the transfer. An operator
may file a fully executed Form T-4B as a notification of transfer.
The Commission may use a fully executed Form T-4B to remove the pipeline
that is the subject of the transfer from the transferor operator and
assign the mileage to the transferee operator for calculation of the
annual mileage fee. The operator to which the pipeline has been transferred
shall amend its permit to include the pipeline or portion of the pipeline
within 30 days following the transfer or the operator may be subject
to a penalty for operating without a permit pursuant to subsection
(p) of this section.
(p) A pipeline operator who operates a pipeline without
a permit, with an expired permit, or who otherwise fails to comply
with this section, may be assessed a penalty as prescribed in §8.135
of this title (relating to Penalty Guidelines for Pipeline Safety
Violations).
(q) Interstate pipelines are exempt from the fee requirements
of this section.
|
| Source Note: The provisions of this §3.70 adopted to be effective August 25, 2003, 28 TexReg 6816; amended to be effective March 1, 2015, 39 TexReg 9969; amended to be effective June 25, 2018, 43 TexReg 4169; amended to be effective January 6, 2020, 45 TexReg 119 |
