(a) Except for
pipelines listed in subsection (c), each operator of a buried pipeline shall
carry out in accordance with this section a written program to prevent damage
to that pipeline by excavation activities. For the purpose of this section,
"excavation activities" include excavation, blasting, boring, tunneling,
backfilling, the removal of the above ground structures by either explosive or
mechanical means, and other earth moving operations. An operator may perform
any of the duties required by subsection (b) through participation in a public
service program, such as a "one-call" system, but such participation does not
relieve the operator of responsibility for compliance with this
section.
(b) The damage prevention
program required by subsection (a) must, at a minimum:
(1) Include the identity, on a current basis,
of persons who normally engage in excavation activities in the area in which
the pipeline is located;
(2)
Provide for notification of the public in the vicinity of the pipeline and
actual notification of the persons, identified in paragraph (1), of the
following as often as needed to make them aware of the damage prevention
program:
(A) The program's existence and
purpose; and
(B) How to learn the
location of underground pipelines before excavation activities are
begun;
(3) Provide a
means of receiving and recording notification of planned excavation
activities;
(4) If the operator has
buried pipelines in the area of excavation activity, provide for actual
notification of persons who give notice of their intent to excavate of the type
of temporary marking to be provided and how to identify the markings;
(5) Provide for temporary marking of buried
pipelines in the area of excavation activity before, as far as practical, the
activity begins;
(6) Provide as
follows for inspection of pipelines that an operator has reason to believe
could be damaged by excavation activities:
(A) The inspection must be done as frequently
as necessary during and after the activities to verify the integrity of the
pipeline; and
(B) In the case of
blasting, any inspection must include leakage surveys.
(c) A damage prevention program
under this section is not required for the following pipelines:
(1) Pipelines in a Class 1 or 2
location;
(2) Pipelines in a Class
3 location defined by section 6-77-14(d)(2) that are marked in accordance with
section 6-77-176;
(3) Pipelines to
which access is physically controlled by the operator;
(4) Pipelines that are part of a petroleum
gas system subject to section 6-77-16 or part of a distribution system operated
by a person in connection with that person's leasing of real property or by a
condominium or cooperative association.
