2006-05-10 CC Packet - Laserfiche WebLink

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__'r< 1A~or~~...s- trAtd" tAft.., ~:'~.Q;i ~~ _~ ~ ":'- -- cr. '. P-D ",11~~ e .- lr~~~~ ~,~ iP ~~'f~ New ~ipeline Safety Rules Affect~ Water and Wastewater Facilities All cities with water and sewer facilities are directly affected by new ~ pipeline safety rules that went into effect on June 13. The rules promulgated by the Minnesota Office of Pipeline Safety (MriOPS) itnposea significant new du,ty on cities to provide information , about the location of private Water and sewer laterals located within public rights-of- Way. In particular, the rules impose new obligations depending on when the :taciIities were or are to be installed. Pre-January 1, 2006 Installations . For service laterals installed before January 1, 2006, the rules require the city to "either locate or provide information as shown on maps, drawings, diagrams, or other records, on the location of a sewer and water lateral. . . "The ruies also _that "if no informa- tion is available on a sewer or Water lateral installed before January 1, 2006, then notify- ing the excavator that no information exists fulfills the requirements of this section. " ' . The obligation of the city to locate or provide information noted in the rule quoted above must be carried out when responding to requests for locates that the city receives from Gopher State One Call (GSOC) beginning January 1, 2006. Post-December 31, 2005 instaDations For service laterals installed after December 31, 2005, the new rules impose a three-part obligation. First, cities are required to "maintain a map, 'a qiagram, a drawing, or geospa- tial information regarding the location of its underground facilities within a public right- of-way. . ." Second, cities must "install a locating wire or have an equally effective means of marking the location of each nonconductive undergrOund :taciIity within a pub- lic right-of-WaY installed after that date." Third, cities must begin locating "the portion ,of the service lateral within the public right-of-WaY. . ." On April 1, the Office of Administrative Hearings (OAH) found that the rules outlined above are reasonable and that cities are expected to fully comply with what the League views as some of the most far-~hing changes to pipeline safety regulation in at least. two decades. The new rules that were announced in the June 6 issue of the State Register amend Minn. Rules chapter 7560. The Minnesota Office of Pipeline Safety (MnOPS) proposed the rule changes as part of a "continuing effort to increase public safety." In Minnesota, a rule is generally found to be reasonable ifit is related rationally to the end so~t to be achieved by the governing statute (in this case the Minnesota One-Call Excavation Noti- . fication System law, Chapter 216D). The rule directly affects excavators, underground fitciIity Operators- (including cities and utilities), and the Gopher State One-Call Center (GSOC). The rulemaking was controversial, and one which LMC, 810ng with the Minnesota Municipal Utilities Association, the MinD.eSota Public Works Association, the City Engi- neers Association of Minnesota, the Minnesota Water Utility Council, the Minnesota Wastewater Treatment Operators Association, and the Suburban (continued on page 3) Inside tills Issue: . Pipeline SafIllJ Rules Update ,,' 1 MRWA Unveils NewWebsite 1 Cross CcmneclIon & BackIIaw PreventIon TIBInIng 2 CCR CompDance Rate In MInnesota 2 PlpeDne SafIllJ Rules Update conlInued 3 PIpelIne SafIllJ Rules Update conlInued 4 USDARD CompDance RemInder 4