5.3. ERMUSR 02-08-2005 - Laserfiche WebLink

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Office of Pipeline Safety to Propose Costly Rules Requiring .. ... Cities to Locate Private Faci sties (continued from corer) Over the past year, cir}' officials representing the League and organizations that represent the views of city officials directly responsible for operating city water and sewer systems and overseeing the use of public rights-of--way, have served on the MnOPS Rule %560 Advisory Committee and have offered alternatives to rules proposed by MnOPS. Although the agency has made some minor modification to the initial proposed requirements for locating private facilities, the current draft ignores many oFthe objections and concerns expressed by ciry officials. The League and other organizations listed above have raised objections to the following provisions in the proposed permanent rules: • "756QO150 PUBLIC RIGI-I~h-0F-VUAY MAPPING AND Ii~1STr~LLATION. Subpart 1. Duty of operator to map. After December 31, 2005, an operator shall maintain a map, a drawing or geospatial information regarding the location of its underground facility within a public right-of-way installed after that date. • Subp. ?. Duty to install locating wire. After December 31, 2005, an operator shall install a locating wire or have an equally effective me°ans of marking the location of each nonconductive underground Facility within a public right-of-~s~ay installed after that date. This requirement does not apply ~~~hen making minorrepaii-s to an existing nonconductive facility." • "7560.0375 LOCATING A SERVICE LATERAL. Subpart 1. C. Operator duties. After December 31, 2005, an operator of a se~~-age or water facility, at a minimum, shall locate that portion of the service lateral -_~ within a public right-of-~a~ay installed after that date. The operator shall either locate or provide information as shown on maps, drawings, diagrams, or other records, on the location of a sewer or water service lateral installed before January 1, 2006. If no information is available on a sewer or water service lateral installed before January 1, 20~06,,then notifying the excavator that no information exists fulFlls the requirements: of this section." The League has argued that cities are not responsible for private underground facilities simply because the facilities are connected to city water and sewer systems. Since cities neither install, own, or maintain water and sewer laterals, cities should not be held responsible For locating them under requirements and locating standards imposed b~~ Chapter 216D. Cities have raised strong objections ro the imposition of such costly requirements, which the agency- insists are needed ro improve public safety. 'The League has maintained that the threat to public safety hasbeen raised by private utility contractors and excavators vv~ho are increasingly using horizontal directional drilling (HDD) methods of excavation, sometimes termed "nenchless excavation" and that imposing duties and new requirements on cities at the expense of local taxpayers will do little to improve public safety. City officials have argued that expanded use of I-IDD technology has coincided with an increased number of "hits," as well as damage to property and injuries due ro resulting hazards such as gas leaks. City officials insist that many _, of these incidents could be prevented if excavators and HDD operators followed existing MnOPS requirements prior ro excavating in an area where installation parallels or crosses existing private water or sewer lines. Locating technologies, such as tracer wire, have not succeeded in locating water and sewer lines that are often buried at least: 8 feet below ground. Indeed, varying soil conditions and that nearby presence of other metallic underground facilities decreases the likelihood of accurate readings ro identify the actual location of non-metallic private water or sewer Faci}sties and make it possible for cities to mark exactly where such facilities are buried. Reprinted from Cities Bulletin-0nline Edition, Issue 32, December 17, 2004