(a) In general.
(1) No person may participate or assist in site preparation, installing, constructing, reconstructing, reworking, modifying, or replacing a regulated pipeline or any section of a regulated pipeline, without first obtaining a regulated pipeline permit issued by the city in accordance with this division.
(2) A regulated pipeline permit is required in addition to any permit, license, or agreement required under this article, other city ordinances, or state or federal laws.
(b) Permit application. A regulated pipeline permit application must be in writing, signed by the pipeline operator or the pipeline operator’s representative, and filed with the gas inspector. The pipeline operator shall provide the following information on a form furnished by the city:
(1) the name, business addresses, and telephone numbers of the pipeline operator;
(2) the names, titles, and telephone numbers of the person:
(A) signing the application on behalf of the pipeline operator; and
(B) designated as the principal contact for the submittal;
(3) the person designated as the 24-hour emergency contact;
(4) the names, mailing addresses, and telephone numbers of at least two primary persons, officers, or contacts available on a 24-hour basis and at least two alternative persons, officers, or contacts to be reached if the primary contacts are unavailable who:
(A) can initiate appropriate actions to respond to an emergency;
(B) have access to information on the location of the closest shutoff valve to any specific point in the city; and
(C) can furnish the common name of the material being carried by the regulated pipeline;
(5) the origin point and the destination of the proposed pipeline;
(6) a text description of the general location of the proposed regulated pipeline;
(7) the substance to be transported through the proposed regulated pipeline;
(8) a copy of the material safety data sheet;
(9) an emergency response plan with procedures that provide for prompt and effective response to emergencies, including:
(A) leaks or releases that can impact public health, safety, or welfare;
(B) fire or explosions at or in the vicinity of a regulated pipeline or pipeline easement;
(C) natural disasters;
(D) effective means to notify and communicate information to local fire, police, and public officials during an emergency;
(E) the availability of personnel, equipment, tools, and materials as necessary at the scene of an emergency;
(F) measures to be taken to reduce public exposure to injury and probability of accidental death or dismemberment;
(G) emergency shut down and pressure reduction of a regulated pipeline;
(H) the safe restoration of service following an emergency or incident; and
(I) a follow-up incident investigation to determine the cause of the incident and require the implementation of corrective measures;
(10) engineering plans, drawings, and maps with summarized specifications showing the horizontal location, covering depths, and location of shutoff valves for the proposed regulated pipeline;
(11) plans showing the location of all proposed lift stations, pumps, or other service structures related to the regulated pipeline;
(12) to the extent the information can be obtained, drawings showing the location of other regulated pipelines and utilities that will be crossed or paralleled within 15 feet of the proposed regulated pipeline;
(13) a description of the public safety considerations and avoidance, as far as practicable, of habitable structures, protected uses, and areas where people congregate;
(14) detailed cross-section drawings for all public street rights-of-way and easement crossings;
(15) methods to be used to prevent both internal and external corrosion;
(16) a binder or certificates of all bonds and insurance required in accordance with this division;
(17) a tree survey that complies with Article X; and
(18) a proposed alignment strip map showing the name and address of all affected property owners.
(c) Review of permit applications.
(1) The gas inspector shall return incomplete applications to the pipeline operator with a written explanation of the deficiencies.
(2) The gas inspector shall determine whether the regulated pipeline permit should be issued, issued with conditions, or denied within 45 days after receiving a complete regulated pipeline permit application. If the gas inspector fails to make this determination within this specified time, the regulated pipeline permit application is deemed denied.
(3) The gas inspector must issue a regulated pipeline permit if the application meets the requirement of this division and all other applicable city ordinances, rules, and regulations and state and federal law.
(4) If the application does not meet the requirements of this division or other city rules or regulations, the gas inspector shall either deny the application or issue the regulated pipeline application subject to written conditions if compliance with the conditions eliminates the reasons for denial. If the gas inspector denies a regulated pipeline permit application, the gas inspector shall provide the pipeline operator with a written explanation of the reasons for denial with 30 days.
(d) Expiration. A regulated pipeline permit shall expire if the regulated pipeline has not been completed and the surface restored within two years. The gas inspector may grant one extension of time not to exceed one year if the gas inspector determines that weather or other unexpected physical conditions justify an extension. If the regulated pipeline permit expires, and construction of the regulated pipeline is not completed, the pipeline operator shall immediately cease construction and complete any site remediation required by this division or other applicable law, regulation, or ordinance.
(e) Revocation or suspension.
(1) If the pipeline operator violates this division or the regulated pipeline permit, the gas inspector shall give written notice to the pipeline operator describing the violation and giving the operator a reasonable time to cure. The time to cure must take into account the nature and extent of the violation, the efforts required to cure, and the potential impact on public health, safety, and welfare. The time to cure may not be less than 30 days unless the violation:
(A) could cause imminent destruction of property or injury to persons; or
(B) involves the operator’s failure to take a required immediate action required by this division.
(2) If the operator fails to correct the violation within the specified time, the gas inspector shall suspend or revoke the gas well permit. The gas inspector shall also report any violations to the United States Department of Transportation and Texas Railroad Commission and request that these agencies take appropriate action.
(3) If a regulated pipeline permit is suspended, no person may engage in any activities permitted under that regulated pipeline permit except for those necessary to remedy the violation. If the violation is remedied, the gas inspector shall reinstate the regulated pipeline permit, and the pipeline operator may resume operations.
(4) If a regulated pipeline permit is revoked, the operator shall obtain a new regulated pipeline permit before resuming operations.
(5) If the gas inspector denies, suspends, or revokes a regulated pipeline permit, the gas inspector shall send the pipeline operator, by certified mail, return receipt requested, written notice of the decision and the right to appeal.
(6) The operator has the right to appeal to the permit and license appeal board in accordance with Article IX of Chapter 2 of the Dallas City Code. (Ord. 29228)