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RAILROAD COMMISSION OF TEXAS

RAILROAD COMMISSION OF TEXAS. PIPELINE SAFETY DIVISION Damage Prevention Section April Richardson. Texas Administrative Code (TAC), Title 16, Chapter 18, Underground Pipeline Damage Prevention. The Railroad Commission of Texas regulates and enforces the requirements of Chapter 18

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RAILROAD COMMISSION OF TEXAS

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  1. RAILROAD COMMISSION OF TEXAS PIPELINE SAFETY DIVISION Damage Prevention Section April Richardson

  2. Texas Administrative Code (TAC), Title 16, Chapter 18, Underground Pipeline Damage Prevention. • The Railroad Commission of Texas regulates and enforces the requirements of Chapter 18 • The rules are available for viewing and printing on the Commission website. For FREE

  3. Commission’s Responsibilities • We are required to have a record of all damages to pipelines caused by an excavator, and • Use the information gathered from these reports to determine how to prevent damages in the future. • We must correspond our findings to excavators and pipeline operators on reports filed, and • Enforce violations of Chapter 18.

  4. Who is affected by Chapter 18 Requirements? • It Applies to all persons engaged in or preparing to engage in the movement of earth in the vicinity of an intrastate underground pipeline. This does not include water, sewer, and other plumbing lines. The size of the pipeline does not determine its jurisdiction; pipelines include service lines unless they are on the customer side of the meter.It also does not matter if the excavation is taking place on private or public property. §18.1(a) • You must comply with the requirements of Texas Utilities Code, Chapter 251. Chapter 18 requirements are more strict. Exemptions listed in 251 do not necessarily exempt you from the requirements of Chapter 18. §18.1(b) • Exemptions to Chapter 18 include: §18.1(d). 1. Exemptions listed in Texas Utilities Code §251.003; 2. The movement of earth that does not exceed a depth of 16-inches; 3. Surface mining operations; 4. Specific activities performed by an EMPLOYEE of TX-DOT within a TX-DOT ROW; 5. Hand digging by an employee or contractor of TX-DOT for TX-DOT’s ARCHEOLOGICAL PROGRAM

  5. Time periods are calculated from time of notification to notification center. §18.1(f) • Days are working days, unless otherwise specified. Working days exclude weekends and legal holidays.§18.1(g)

  6. Definitions Operator – A person who operates on his or her own behalf, or as an agent designated by the owner, a pipeline containing flammable, toxic, or corrosive gas, a hazardous liquid, or carbon dioxide. (The pipeline company) Damage: (There are three definitions of Damage.) • defacing, scraping, displacement, penetration, destruction, or partial or complete severance of an underground pipeline or of any protective coating, housing, or other protective device of an underground pipeline; (B) weakening of structural or lateral support of an underground pipeline that affects the integrity of the pipeline; or (C) failure to properly replace the backfill surrounding an underground pipeline. Excavate – Movement of earth by any means White-lining – An excavator’s designation on the ground of the area to be excavated using white paint, white flags, white stakes, or any combination of these. Locate Ticket – The record of the notice of intent to excavate given by an excavator to the notification center… Emergency – A situation that endangers life, health, or property or a situation in which the public need for uninterrupted service and immediate re-establishment of service if services are interrupted compel IMMEDIATE action. Positive Response – Notification to an excavator by markings left at an excavation site, or an “All Clear” or “No Conflict” notice by fax, phone, e-mail or pager, or written correspondence.

  7. Before You Call • Use white-lining to mark the excavation site when it cannot be clearly identified and described on a line locate ticket, prior to giving notice to the notification center and before the locator arrives on the excavation site. §18.3(c) • Use white paint, flags, or stakes, whichever is most visible for the terrain. §18.7(a) • Mark the area of excavation using intervals that show the direction of the excavation §18.7(b)

  8. Call Before You Dig • Call a Notification Center prior to excavating. The excavation must begin within 14 days per TUC 251.151. It would be good to become familiar with Chapter 251, but compliance with 251 does not mean compliance with Chapter 18. §18.3(a) • Include the method of positive response. Such as fax, email, phone; the way in which the excavator wishes to be contacted by the PL operator. In my experience if you provide an email address and do not specify a method of response then the operator typically responds by email, so you will want to make sure that the email address is valid and checked. §18.3(b) • Wait the required time before beginning excavation. §18.4(b) (48-hours excluding weekends and legal holidays)

  9. Your Locate Ticket • Life of a locate ticket is 14 days. §18.1(h) • The life of a line locate ticket may be extended if an agreement is reached between the excavator and operator. §18.3(f) • The agreement must be in writing, signed, dated, and retained by each party. §18.3(f) and (g) • A face-to-face meeting should be conducted between the excavator and the pipeline operator to establish protocols if… §18.3(d) • An excavation area is too large to mark using white-lining or a full description cannot be provided on a line locate ticket. §18.3(d) • The items to be included in the protocols are found in §18.9(a) • It is recommended to be used on large projects even if the description can be given on the locate ticket.

  10. When Arriving On Site you will want to: • Confirm that there is a valid locate ticket for that location. §18.4(c) Verify the location of excavation, the date and time excavation can begin, and that the pipelines have been marked or an “All Clear” or “No Conflict” notice has been received. • Verify white-lining and make a visual check for any unmarked underground pipelines. §18.4(d) Checking for unmarked pipelines includes, but is not limited to, looking for additional pipeline markers, such as painted fence post-type markers, aboveground pipeline valves, meter sets, or regulator stations. • Give a second notice to the notification center when: §18.4(e) • the excavator has knowledge of an underground pipeline and has received an “all clear” or “no conflict” response from an operator • the excavator observes clear evidence of an unmarked underground pipeline and has received an “all clear” or “no conflict” response from an operator • there is no positive response for the excavation area • or the positive response is unclear or obviously wrong

  11. If a Second Notice Has Been Given • And there is no positive response within fours hours the excavator may begin excavating with care. §18.4(f) • Give notice to the Commission by filing a Second Notice Reporting Form §18.5(c) • Including an operator’s failure to provide a positive response to a second call. §18.5(c)

  12. Positive Response Obligations • The Operator shall provide a positive response within 48 Hours, excluding weekends and legal holidays, by either marking the underground pipelines or notifying the excavator that there are no pipelines in the vicinity. §18.5(a) The operator will provide this “all clear” or “no conflict” notice using the method specified in the line locate ticket. • The excavator and operator shall make a record of the positive response for each line locate ticket received. At a minimum this should include the date, time, and type of response given. §18.5(b)

  13. Trouble Locates • The pipeline operator is to notify the excavator as soon as possible but within 48 hours that they are experiencing a trouble locate and arrange an agreed to time by which the pipeline shall be marked. • If the locate cannot be made by the original agreed to time then the operator shall contact the excavator to revise the agreed to time before the originally agreed to time. The locates shall be made before the locate ticket expires. • The original agreement and any subsequent agreements shall be documented in writing. Including the date and time the markings shall be made, the date and time the agreement was made, and the name of the representative making the agreement. • The excavator should call in a second notice if the operator fails to locate the pipeline or fails to contact the excavator to make further arrangements by the agreed to time. Excavation may begin within four hours of the second notice. This would be considered a failure to provide a positive response.

  14. Markings • All markings shall conform to the requirements of American Public Works Association (APWA) Uniform Color Code §18.6(a) • Markings shall be valid for an excavation site for 14 days from the time a positive response is given §18.6(b) • Unless the markings were placed in response to an emergency and the emergency condition has ceased to exist. Lack of or poor planning is not an emergency. §18.6(b) • When a refresh ticket is called in the operator shall either ensure that markings are still visible and valid or shall re-mark. §18.6(b) • If the use of a line marking may permanently damage property a locator shall use spot marking or another suitable marking method or methods. §18.6(c)

  15. Markings, cont. • A locator shall use all information necessary to mark underground pipelines accurately. §18.8(a) • Locators shall mark the approximate center line of an underground pipeline. §18.8(b) • Markings shall be at intervals that clearly define the route of the underground pipeline. §18.8(d) • Means of marking include stakes, paint, flags, or a combination of two or more of these. §18.8(e) The terrain, site conditions, and type and extent of the proposed excavation shall be considered in determining the best way to mark the underground pipelines. • Locator shall mark in sufficient intervals to indicate the location and direction of the pipeline. The distance between any two marks shall not exceed 20 feet; however, shorter intervals may be necessary because of site conditions or directional changes. §18.8(f)

  16. Markings, cont. • Markings of an underground pipeline greater than 6-inches in nominal outside dimension shall include the size at every other interval. §18.8(g) • A locator shall make paint marks approximately eight to ten inches in length and one to two inches in width except when spot marking. A locator shall make a minimum of three separate marks for each pipeline marking. §18.8(i) • Extend all markings, if practical, at least one additional mark beyond the boundaries of the locate ticket. §18.8(h) If an operator discovers a customer-owned line they shall make a reasonable effort to advise the excavator of the line. §18.8(c)

  17. Excavating in the Vicinity of a Pipeline • An excavator shall comply with the requirements of Texas Health & Safety Code, Subchapter H, relating to Construction Affecting Pipeline Easements and Rights-of-Way. Basically do not build anything on top of a pipeline. 18.10(a) • Plan excavation to avoid damage to and minimize interference with all underground pipelines and take reasonable steps to protect pipelines from damage. §18.4(a) • Protect and preserve locate markings from the time excavation begins until the markings are no longer required. §18.4(g) If excavation activities are on going markings are required. If excavation activities remove markings and more excavation activities are on going the locates must be refreshed. • Refresh line locate tickets within 14 days for the area yet to be excavated only. §18.3(e) The refresh ticket should be called in before the current locate ticket expires, while giving enough time for the 48-hour waiting period. Make sure that the ticket is adjusted to include only the area that will be excavated within 14 days.

  18. Excavating Within the Tolerance Zone • Tolerance Zone is defined as: Half the nominal diameter of the underground pipeline plus a minimum of 18-inches on either side of the outside edge of the underground pipeline on a horizontal plane. Horizontal plane is included in the definition to eliminate measuring at an angle. §18.2(21) • Mechanized Equipment is not allowed to be used within the tolerance zone unless approved by the pipeline operator. The tolerance zone begins at the top of the material being moved and extends downward to the deepest point of excavation. If the operator agrees to the use of mechanized equipment in the tolerance zone, this it is recommended that the agreement be documented in writing. §18.10(b) • The only exception is for pavement removal. • Also note that even if a pipeline is discovered, during excavation, it does not allow the use of mechanized equipment in the tolerance zone. The pipeline that has been discovered could be an abandoned facility or there could be more than one pipeline within the tolerance zone.

  19. If Damages Occur • Call 911 if an emergency exists. We want everyone’s safety to come first; however, it is not required by Chapter 18. • Excavator calls the pipeline operator immediately. The Texas Utility Code, Chapter 251 requires that the operator be notified of damages directly not Chapter 18. • Excavator calls the notification center within two hours and receives a “Dig Up” ticket. This not only gives notice to the pipeline operator, but also lets all other utilities with facilities in the area that emergency excavation is necessary. §18.11(b) and §18.4(h) • Leave the damage exposed unless approved by the operator. §18.4(h) One reason that the damage needs to be left exposed is to prevent the migration of any leaking gas into buildings, homes, other utility lines, etc. This can result in the migrated gas being exposed to an ignition source causing a fire and/or explosion. • Operator responds within four hours of “Dig Up” notice §18.5(d) • The operator may provide the excavator with an Incident Information Card. This is a tool that the Commission created to help notify excavators of their requirement to file and to have consistent information about the incident location. It is not required to be used. • Both the excavator and operator report damages through TDRF within 10 days, again these are working days. §18.11(a) and §18.11(b)

  20. Gathering information at a damage site You will want to Document these in writing and with *pictures when possible • Date • Location* • Contact Information for the pipeline operator/excavator • Damage depth* (Depth at which the pipe was damaged) • Markings in vicinity of damage with the area of damage in view.* • Markings with an object of reference in view* (I.e. mailbox, building, intersection, landscape, etc.) A picture of a marking on the ground can be from anywhere. • If marks are inaccurate the distance they are miss-marked. There are “hit kits” that can be purchased.* • Any White-lining, especially of white-lining is listed on the locate ticket.* • The Damaged pipe itself* • Type of equipment in use when damage occurred* This information may be submitted to the Commission once a report has been filed.

  21. It’s time to briefly go over the Commission Website and the Online Filing System. The Commission website has a variety of useful information regarding Chapter 18.You will begin by clicking on the Pipeline Damage Prevention Program link, under Most Popular Links.

  22. On this page you find a lot of helpful information, forms, and links, such as: The rule itself which includes some specifics which I did not go over. A link for additional information including some interesting statistics. There is also a link to a web page giving information in Spanish.

  23. To submit a damage report to the Commission you will want to click on the

  24. On this page you will find more information on the damage prevention program. The link to file a report will be one of these two links.

  25. 2. Operators must have a login assigned by the Commission in order to submit their reports. 1. I do not have examples of how an operator files their report, but they are basically the same after this page. 3. For an excavator to begin filing a damage report they will need to click on

  26. There are 3 options for beginning the report: This option is used when you are reporting damage within the ten days required. This option is used when you know an incident number and want to view or add a report. This option is used when have received a letter from the Commission to file or need to update a saved report.

  27. 1. For our example I have entered the date and county option. Hopefully you are filing the report before receiving a letter from the Commission and this is the way you would begin. 3. This button is used when you do not find the incident you are reporting listed 2. This button is used when the incident you are reporting is listed. Or if you entered the incident number on the previous page

  28. 1. The incident date and county are pulled over from the previous screen 2. The list of cities include only those that are found in the county selected 3. Enter the location information including the nearest intersection, if known 4. This information will already be completed if you entered an incident number at the beginning or chose an existing incident.

  29. Select the right-of-way from the drop down box. This field will NOT be completed Now click the continue button

  30. Enter the information for the “Who is providing this information?” section. Click on the Search/Change Excavator Contact button unless you selected an existing incident and the information listed is correct.

  31. 3. After your contact information is listed return to your report 1. If you have filled out an online report before search for your contact information 2. If you have not filled out an online report before or need to update the information listed on a letter you received create your contact information

  32. The contact information from the previous page should now be listed on the report. Click the Save Report button

  33. 1. You should see Save Successful and a message box will appear noting the importance of the Document Key. The Commission cannot retrieve the document key for a report you created. This is why I went through these steps…to show you this screen. 2. Once the document key has been issued the report may be updated and saved as many times as necessary to complete the information until it has been submitted. Once submitted an excavator cannot make changes to their report; however operators do not receive a document key and may update their report until it has been reviewed by the Commission. 3. After recording the document key and incident # click OK on the message box. Then click on the page 2 tab. Complete page 2 & Save. Then click on the page 3 tab. Once you have completed page 3 save the report. If you have entered all of the information then click the submit button. Once a report has been submitted a confirmation report is created and may be saved and/or printed for your records. If you do not see the link for the confirmation report then you have not successfully submitted your report. The cover sheet of the confirmation report can be used to submit any documentation you wish to submit to the Commission regarding the incident.

  34. I would like to make you aware of some Correspondence you may receive from the Commission • If a TDRF has not been filed within 30 days of the incident, then the Commission will send a letter to file the report. • If a TDRF has not been filed within 30 days of the initial request to file, then the Commission will send a final notice letter. • If a TDRF has not been filed within 30 days of the final notice, then the Commission will issue a violation and subsequent penalty. • Once a report has been filed with the Commission it will be reviewed. The reviewer may close the report and send a letter, send a letter asking for more information, or cite violations and possibly issue a penalty.

  35. Steps to Excavating Safely • Call for a line locate ticket. The ticket should include the scope of work to be performed, the method of positive response, subcontractor’s name, if applicable, and date excavation is to begin. • Wait the required time. 48 Hours excluding weekends and legal holidays. • Verify locate ticket at excavation site. This includes verifying that line markings are present or the operator has sent a positive response. • Respect the marks. Do not use mechanized equipment within the tolerance zone, unless approved by the pipeline operator. • Dig with care • Refresh locate ticket as necessary. Locate tickets are valid for 14 days and need to be called in to allow the 48 hours required.

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