5.3. ERMUSR 02-08-2005 - Laserfiche WebLink

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• The Minnesota Office of Pipeline Safety ('vInOPS) should address the cause of the problem-the fact that excavators are not following rules alread}~ in force-not simply shift the costs and liability fro~rl excavators to cities and their taxpayers. As cun-ently proposed, the rule changes ~~~ould do little to improve public safety, but would increase the cities' liability for underground utility `hits.' • It is unreasonable to simply drop the problem in the laps of local governments and not require contractors that use directional boring to be part of the solution. • Enforcement of existing rules regarding the safe exposure of privately-owned water and se~~ er laterals would go a long ~~ ay to prevent the type of serious damage and threats to public safety that h~1nOPS cites as the rationale for this rulemaking. • No other state currently requires ~~hat is proposed in the 1`~1nOPS rules with respect to locating of private facilities. • Neither the technology nor resources are available to support such an obligation. It is unreasonable to impose onerous new requirements upon cities and municipal utilities without taking into account the regulatory burdens and costs that would be. imposed upon public entities. • L:vIC and MMUA remain committed to working with MnOPS, the ~~i Building Code and Standards Division, and other state agencies to develop a workable system for slaking privately owned water and sewer service laterals readily locatable. • In addition, the proposed draft rule that ~~~ould include easements in the definition of Right-of-~'av (7560.0100 Subp. 10). This may create legal issues due to the lack of readily available records on the exact location of such easements. Other information For service laterals installed prior to 2006, there is little change from current practice, with cities required to either locate or provide information on their location. An operator of a natural gas or electric facility shall locate a service lateral up to the meter or the connection to a customer's underground facility. MMUA has not opposed this provision, but you need to be aware of it. Copy of the rules may be vie~a~ed at the Off ce of Pipeline Safety website, ~~~w~~~.dps.state.mn.usipipcline/publicnotice.html IF you have any concern over this proposal, speak up now! If you have any questions, call me at 1-800-422-01 19.