§ 23-1719. Non-conforming facilities; conformance to safety criteria;\n moratorium.\n The legislature finds that existing facilities have been constructed\nand are in the process of being used which by reason of their\nconstruction in residential areas or in dangerous proximity to\ncontiguous populations, or otherwise, are in violation of the terms of\nthis act, and, having been constructed before its enactment, have not\nbeen approved in accordance with the procedures herein required. Taking\ninto account the needs of the service areas involved, the substantial\ncapital investment of the utilities therein, and the changes in\ncorporate plans that compliance with this title will entail, as against\nthe hazards posed to surrounding and contiguous areas and their\npopulations by the potential mishandling or accidental discharge of\nliquefied natural or petroleum gas in its cryogenic state, the following\nprocedure is established to conform existing facilities to the safety\ncriteria herein prescribed, or, in the alternative, to reexamine the\nnecessity of their use in current locations, and to require alternative\nsiting.\n 1. Effective on passage hereof, and until regulations pursuant to\nsection 23-1709 are adopted and filed, no liquefied natural or petroleum\ngas facility may be constructed, reconstructed, enlarged in storage\ncapacity, or, if constructed but unused, put into actual use and\noperation in this state, and no environmental safety permit pursuant to\nsection 23-1707 of this title shall be issued for such facility.\n 2. With regard to any non-conforming liquefied natural or petroleum\ngas storage or conversion facility in actual use and operation on\nSeptember first, nineteen hundred seventy-six, the following special\nprocedures shall apply:\n a. On or before September first, nineteen hundred seventy-six, or the\nthirtieth day after the effective date of this title, whichever shall be\nlater, the department shall notify any such non-conforming facility of\nthe provisions of this section and of this title, and shall advise it of\nthe procedures to be followed hereunder in terms of conformance to\nsafety criteria or alternative siting.\n b. Within thirty days after this title shall become effective, such\nnon-conforming facility shall give the initial notice required under\nsubdivision two of section 23-1717, specifying by geographical\ndescription the municipality or municipalities, or parts thereof, within\nthe state within which it is handling or otherwise using liquefied\nnatural or petroleum gas, with the nature of such use, storage,\ntransportation, or conversion, with the amounts thereof in each\nlocation, on a monthly and annual basis, with any projected increase or\ndecrease in the use or handling thereof at such location or locations\nwithin the state on a five year basis from date of report.\n c. Within sixty days thereafter, the department shall complete the\nconsultation and report required by subdivisions three and four of\nsection 23-1717, and the notification required by the first sentence of\nsubdivision five of that section. Thereafter, further proceedings under\nsubdivision five shall be integrated with the hearing hereinafter\ndirected to be had with regard to the non-conforming facility; and the\nimplementation of the balance of section 23-1717, with regard to\ntraining and qualification of municipal fire department personnel, shall\nbe effected in accordance with the determination of the department with\nregard to the non-conforming facility.\n d. Within one hundred and eighty days after this title shall become\neffective, a public hearing or hearings shall be held in the area or\nareas in which the non-conforming facility or facilities are located.\nSuch hearing or hearings shall be held on sixty days' notice and as\notherwise provided in subdivisions two and three of section 23-1711.\nNotice shall be given by the facility or facilities in accordance with\nsubdivision three
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