W. Va. Code R. § 38-23-15

Current through Register Vol. XLI, No. 37, September 13, 2024

Section 38-23-15 - Requirements for Production and Gathering Pipelines

15.1. This rule prescribes the minimum requirements for the safe and efficient installation of all production and gathering pipelines installed, relocated or replaced after June 9, 1983, which are not regulated by the United States Department of Transportation minimum safety standards applicable to pipelines.

15.2. The chief reserves the right to direct the burial of any line installed under this regulation to protect the public safety, by order issued after notice and hearing under the Office's rules.

15.3. Subject to the reservation in Section 15.3.2 of production and gathering lines subject to this rule shall conform with the following:

15.3.1. Lines shall be buried where practical and reasonable; and practical and reasonable shall be construed to mean lines should be buried in the following situations:

15.3.1.1. Where the line crosses agricultural land as defined in W.Va. Code § 19-19-2;

15.3.1.2. Where an unburied line would prohibit use of a preexisting private roadway or other means of access to a part of or all of surface land;

15.3.1.3. Where the line cannot more practically and reasonably be securely suspended to cross stream beds;

15.3.1.4. Where the line crosses a public road, in which event it shah be buried and otherwise installed in accordance with the rules of the public agency having jurisdiction over the road, and

15.3.1.5. Where the Chief decides prior to installation that burial would be practical and reasonable.

15.3.2. AU buried lines shall be installed with a minimum of eighteen (18) inches of cover, except where solid rock is encountered in which case the minimum cover shall be six (6) inches;

15.3.3. Whenever a buried line crosses a pre-existing public or private roadway, the location of the line shall be clearly marked at the point of crossing by an appropriate marker; and

15.3.4. A suitable conductive wire shall be installed with plastic pipe to facilitate locating it with an electronic pipe locator; provided, that any other suitable material or means for accomplishing this purpose may be employed.

15.4. Notwithstanding Section 15.3.3. of this rule, the surface owner(s) of record of any tract subject to the provisions of W.Va. Code §22B-l-30(d) shall have the right to prescribe that a pipeline or specified parts thereof need not be buried. The prescription shall be on Form WR-75, "Permission Not to Bury Production or Gathering Line", unless it is included in the recorded right-of-way or lease under which pipeline is to be installed, which right-of-way or lease was granted by the then surface owner of record. Once executed and delivered to the person who proposed to install and operate the line, the prescription may not be revoked by any subsequent surface owner(s) of record.

15.5. This rule shall not be construed to prohibit a surface owner from preparing a safe crossing of a pipeline for a new means to access of another part of his tract.

W. Va. Code R. § 38-23-15