New Utility Marking Rule

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New Utility Marking Rule : 

New Utility Marking Rule Public Right-of-Way

Public Right-of-Way: 

Public Right-of-Way Definition: The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and sidewalk in which a government unit has an interest, including other rights-of-way dedicated for travel purposes and utility easements of government units.

Service Lateral: 

Service Lateral Definition: An underground facility that is used to transmit, distribute, or furnish gas, electricity, communications, or water from a common source to an end-use customer. An underground facility that is used in the removal of wastewater from a customer’s premises.

Duty of Operator to Map: 

Duty of Operator to Map After December 31, 2005, an operator shall maintain a map, a diagram, a drawing, or geospatial information regarding the location of its underground facility within a public right-of-way installed after that date.

Duty to Install Locating Wire: 

Duty to Install Locating Wire After December 31, 2005, an operator shall install a locating wire or have an equally effective means of marking the location of each nonconductive underground facility within a public right-of-way installed after that date.

Operator Duties – Pre-January 1, 2006 Installations: 

Operator Duties – Pre-January 1, 2006 Installations 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 available, notify excavator that no information exists.

Operator Duties – Post-December 31, 2005 Installations: 

Operator Duties – Post-December 31, 2005 Installations Maintain a map, a diagram, a drawing, or geospatial information regarding the location of its underground facility within the public right-of-way. Install locating wire or have an equally effective means of marking the location of each nonconductive underground facility within the a public right-of-way. Locate the portion of the service lateral within the public right-of-way.

Recommendations: 

Recommendations Develop a system to manage anyone installing facilities in the right-of-way. Adopt new local regulations. (e.g., adopt a right-of-way management ordinance.) Establish a right-of-way excavation permit process. Require installers to provide city with “as built” information on the location of facilities.

Recommendations : 

Recommendations Develop a system to respond to excavators request for information about the location of service laterals installed before January 1, 2006. Only required to provide “best available information.” Could consider citywide mapping effort.

Recommendations : 

Recommendations For Installation occurring after December 31, 2005: Impose requirements on installers Make sure every development agreement requires laterals to be locatable Make sure every new installation is inspected, mapped and located. Develop information management methods to maintain, store, and retrieve service lateral location information.

Recommendations : 

Recommendations Consider more stringent regulation of “trenchless excavator; e.g., Require excavation permit Enforce Minn. Stat. Sec. 216D requiring “potholing” when crossing marked service laterals Report excavators that are not appropriately “potholing” to the MN Office of Pipeline Safety. Consider prohibiting trenchless excavations more than four feet below grade without city permission.

Conclusion: 

Conclusion Focus serious attention to the new rules. Exercise authority to pass along costs of the excavation permit process. Consider increased regulation of trenchless excavators.

LIMITATIONOF LIABILITY: 

LIMITATIONOF LIABILITY An operator or other person providing information pursuant to this subdivision is not responsible to any person, for any costs, claims, or damages for information provided in good faith regarding abandoned, out-of-service, or private or customer-owned underground facilities.

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