5.3. ERMUSR 02-08-2005 - Laserfiche WebLink

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~~'.'~~ l~?inrres~ta l~'uerici{~a/ fltifiti~s ~Gssoeiatiorr Rulemaking call to action To: 1v1?~~1UA Regular Members From: Steve Downer Re: Excavation Notification System Rule Date: January 14, 200 We wanted to let you know that unless stopped, a new slate 1-ule will shift the costs and liability for certain underground utility `hits' from excavators to cities and their taxpayers. This rule will, over tune, increase city/municipal utility liability in an unprecedented expansion of city responsibility for private property located in the public right-of way. Background The proposed rule is apparently aimed at addressing safety concerns arising out of the proliferation of the use of trenchless technology, especially Horizontal Directional Drilling (HDD), also known as directional boring. HDD has been used in cases where natural gas lines were installed through se~~ er laterals, leading to gas leaks and explosions. While supporting some of the proposed rule, two pal-ts are of particular concel~~ to cities and municipal utilities: inclusion of utility easements of Qovernment units in the definition of "public right of way;" and the requirement to locate certain water and sewer laterals within the public right-of-way. The 1-ule requires that, after Dec. 31, 2005, an operator (defined to include municipalities which operate water and sewer systems) "shall instal] a locating wire or have an equally effective means of marking the location of each nonconductive underground facility ~~-ithin a public right-of-way." Part 7560.0375 C of the rule requires that: "After Dec, 31, 2005, an operator of a sewage or water facilit~~, at a minimum, shall locate drat portion of the service lateral within a public right-of--way installed after that date. " ,Letter writing, hearing details The public hearing on the rule, Chapter 7560, will be held in the Louis North Central room, MnDOT Building, 372 12`~ St. N., St. Cloud, starting at 10 a.m. Tuesday, Feb. 1. All interested or affected persons should submit written comments or attend the hearing. All interested persons are given the opportunity to speak. If you would like to testify, let us know beforehand. The League of Minnesota Cities and MMUA are preparing written responses and testimony. Flowevcr, we believe there should be widespread concern over this proposal If you are concerned, we urge you to write and/or attend the hearing. If you submit written comments prior to the hearing they should be addressed to: The Honorable Richard C. Luis, Office of Administrative I-Iearings, 100 ~~'ashington Square, Suite 1700, Mpls., MN 55401-2138. You should also submit a copy to Mike McGrath at the Office of Pipeline Safety, 444 Cedar Street, Suite ] 47, St. Paul, MN X5101-5147. We also ask that you copy MMUA. When writing ,fudge Luis, please address as many of the following points as you wish. 3025 Harbor Lane North • Suite 400 • Plymouth, MN 55447-5192 • ?63.551.1230 • 800.422.0119 (MN) • Fax 763.551.0459 • v/v~w.mmua.org