Article 2 (35)

(a)

failure by the operator to install appropriate equipment of sufficient capacity for the expected or actual rate and pressure of production;

(b)

failure of the operator to limit production where the production rate exceeds the capacity of the related equipment or gathering system, except where the excess production is due to a downstream emergency, malfunction or unscheduled repair, and lasts for no longer than 8 hours from the time of notification of the downstream capacity issue;

(c)

scheduled maintenance;

(d)

operator negligence;

(e)

repeated failures, namely four or more failures within the preceding 30 days, of the same piece of equipment;