La. Admin. Code tit. 33 § V-30442

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-30442 - Damage Prevention Program [49 CFR 195.442]

A. Except as provided in §30442 D, each operator of a buried pipeline must carry out, in accordance with this section, a written program to prevent damage to that pipeline from excavation activities. For the purpose of this Section, the term excavation activities includes excavation, blasting, boring, tunneling, backfilling, the removal of aboveground structures by either explosive or mechanical means, and other earthmoving operations. [ 49 CFR 195.442(a)]

B. An operator may comply with any of the requirements of §30442. C through participation in a public service program, such as a one-call system, but such participation does not relieve the operator of the responsibility for compliance with this section. However, an operator must perform the duties of Subsection C.3 of this Section through participation in a one-call system, if that one-call system is a qualified one call-system. In areas that are covered by more than one qualified one-call system, an operator need only join one of the qualified one-call systems if there is a central telephone number for excavators to call for excavation activities, or if the one-call systems in those areas communicate with one another. An operator's pipeline system must be covered by a qualified one-call system where there is one in place. For the purpose of the Section, a one-call system is considered a qualified one-call system if it meets the requirements of §30442. B.1 or B.2. [ 49 CFR 195.442(b)]

1. The state has adopted a one-call damage prevention program under 49 CFR 198.37; or [ 49 CFR 195.442(b)(1)]

2. the one-call system: [ 49 CFR 195.442(b)(2)]

a. is operated in accordance with 49 CFR 198.39; [ 49 CFR 195.442(b)(2)(i)]

b. provides a pipeline operator an opportunity similar to a voluntary participant to have a part in management responsibilities; and [ 49 CFR 195.442(b)(2)(ii) ]

c. assesses a participating pipeline operator a fee that is proportionate to the costs of the one-call system's coverage of the operator's pipeline. [ 49 CFR 195.442(b)(2)(iii) ]

C. The damage prevention program required by §30442. A must, at a minimum: [ 49 CFR 195.442(c)]

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; [ 49 CFR 195.442(c)(1)]

2. provide for notification of the public in the vicinity of the pipeline and actual notification of persons identified in §30442. C.1 of the following as often as needed to make them aware of the damage prevention program: [ 49 CFR 195.442(c)(2)]

a. the program's existence and purpose; and [ 49 CFR 195.442(c)(2)(i)]

b. how to learn the location of underground pipelines before excavation activities are begun; [ 49 CFR 195.442(c)(2)(ii) ]

3. provide a means of receiving and recording notification of planned excavation activities; [ 49 CFR 195.442(c)(3)]

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; [ 49 CFR 195.442(c)(4)]

5. provide for temporary marking of buried pipelines in the area of excavation activity before, as far as practical, the activity begins; [ 49 CFR 195.442(c)(5)]

6. provide as follows for inspection of pipelines that an operator has reason to believe could be damaged by excavation activities: [ 49 CFR 195.442(c)(6)]

a. the inspection must be done as frequently as necessary during and after the activities to verify the integrity of the pipeline; and [ 49 CFR 195.442(c)(6)(i)]

b. in the case of blasting, any inspection must include leakage surveys. [ 49 CFR 195.442(c)(6)(ii) ]

D. A damage prevention program under this Section is not required for the following pipelines: [ 49 CFR 195.442(d)]

1. pipelines located offshore; [ 49 CFR 195.442(d)(1)]

2. pipelines to which access is physically controlled by the operator. [ 49 CFR 195.442(d)(2)]

La. Admin. Code tit. 33, § V-30442

Promulgated by the Department of Natural Resources, Office of Conservation, Pipeline Division, LR 29:2829 (December 2003), amended LR 35:2797 (December 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:753.