(a) Any failure in a pipeline system resulting in the following events must be reported in accordance with subsection (b) or this section:

(1) Explosion or fire;

(2) Loss of 25 or more barrels of liquid;

(3) Escape to the atmosphere of more than five barrels a day of highly volatile liquids;

(4) Death of any person;

(5) Bodily harm to any person resulting in one or more of the following:

(A) Loss of consciousness;

(B) Necessity to carry the person from the scene for medical treatment;

(C) Disability which prevents the discharge of normal duties or the pursuit of normal activities beyond the date of the accident.

(6) Estimated property damage to the property of the operator or others, or both, exceeding $5,000.

(b) At the earliest practicable moment following discovery of a release of the hazardous liquid transported resulting in an event described in subsection (a), or where a release results in the pollution or discoloration of any surface water or an adjoining shoreline, the operator of the system shall give notice by telephone to the executive secretary, TEMCO, Emergency Medical Services and the Department of Public Safety, as appropriate. Furthermore, within 30 days of an accident set forth in subsection (a), the operator shall prepare and file an accident report with the appropriate agency of the American Samoa Government. The operator shall retain copies of all such reports.

(c) If the executive secretary, the federal Department of Transportation or any other territorial agency wishes to investigate an accident, the operator involved shall make available to the investigating agency all records and information that in any way pertain to the accident, and shall afford all reasonable assistance in the investigation.

History: Rule 02-01, eff 30 Aug 01.