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SEC. 51A-12.303.   GENERAL PROVISIONS.
   (a)   A pipeline operator shall design, construct, repair, and maintain all regulated pipelines in accordance with this division, other city ordinances, rules and regulations, and state and federal laws.
   (b)   All new and relocated regulated pipelines must be located as near as practicable to existing regulated pipelines or other utilities unless the pipeline operator can demonstrate to the gas inspector that the alignment is infeasible.
   (c)   Nothing in this section grants permission to use any street or other public rights-of-way, utility easements, or city-owned property. To install, construct, maintain, repair, replace, modify, remove, or operate a regulated pipeline on, over, under, along, or across any affected city streets, sidewalks, alleys, or other city property, the pipeline operator shall obtain an easement or license.
   (d)   A pipeline operator must:
      (1)   not interfere with or damage existing utilities, including water, sewer, gas, storm drains, electric lines, or the facilities of public utilities or franchisees located on, under, or across street or other public rights-of-way;
      (2)   equip all regulated pipelines with:
         (i)   an automated pressure monitoring system that detects leaks and shuts off any line or any section of line that develops a leak; or
         (ii)   provide 24-hour pressure monitoring of the regulated pipeline system that provides immediate notice of any leak to the city’s emergency response providers;
      (3)   grade, level, and restore the affected property to the same surface condition, as nearly as practicable, as existed before construction activities were first commenced within 30 days after completion of the regulated pipeline; and
      (4)   backfill all trenches and compact such trenches to 95 percent standard density proctor in eight-inch lifts and construct the regulated pipeline so as to maintain a minimum depth of ten feet below the finished grade except in public rights-of-way, where minimum cover to the top of the pipe must be at least eight feet below the bottom of any adjacent roadside ditch. The gas inspector may require that sections of proposed regulated pipeline be constructed at deeper depths based upon future city infrastructure needs. During the backfill of any regulated pipeline excavations in open cut sections, the pipeline operator shall bury “buried pipeline” warning tape one foot above any regulated pipeline to warn future excavators of the presence of a buried regulated pipeline. The gas inspector may also require that a proposed or existing regulated pipeline be relocated if it conflict with the proposed alignment and depth of a gravity dependent utility.
   (e)   When the required pipeline records are submitted to the Texas Railroad Commission, the pipeline operator shall provide the gas inspector the following information:
      (1)   Global positioning system (GPS) information sufficient to locate the regulated pipelines, including the beginning and end points; sufficient points in between the regulated pipeline route; and the depth of cover information. This information must be submitted to the gas inspector in a format compatible with the city’s own GIS system.
      (2)   As-built or record drawings of the regulated pipelines. The accuracy of the record drawings must meet a survey level of one foot to 50,000 feet. The scale of the record drawings must be a minimum of one inch to 40 feet. The drawings must be provided in a digital file format with the location tied to at least one nearby GPS city monument. If the new regulated pipeline length exceeds 1,000 feet within the city, the regulated pipeline must be tied to at least two GPS city monuments.
      (3)   The origin point and the destination of the regulated pipeline.
      (4)   Engineering plans, drawings, and maps with summarized specifications showing the horizontal location, covering depths, and location of shutoff valves of the subject regulated pipeline. The drawings must show the location of other regulated pipelines and utilities that are crossed or paralleled within 15 feet of the regulated pipeline right-of-way.
      (5)   Detailed cross-section drawings for all public rights-of-ways and easement crossings on city property as permitted by the city.
      (6)   A list of the names and mailing addresses of all the residents, property owners, and tenants adjacent to the regulated pipeline construction.
   (f)   Changes in any of the contact information required as part of the regulated pipeline permit application must be provided to the gas inspector and the fire marshal before the contact information is changed. (Ord. 29228)
SEC. 51A-12.304.   EMERGENCY RESPONSE PLAN AND INCIDENT REPORTING.
   (a)   The pipeline operator shall maintain and update the emergency response plan to minimize hazards from an emergency.
   (b)   The pipeline operator shall meet annually with the gas inspector and fire marshal to review the emergency response plan.
   (c)   At the annual review meeting,
      (1)   the pipeline operator shall:
         (A)   provide or update a copy of the emergency response plan;
         (B)   review the responsibilities of each governmental organization in response to an emergency or incident;
         (C)   review the capabilities of the pipeline operator to respond to an emergency or incident;
         (D)   identify the types of emergencies or incidents that will result in or require contacting the city; and
         (E)   plan mutual activities that the city and the pipeline operator can engage in to minimize risks associated with pipeline operation; and
      (2)   the city shall provide the pipeline operator with a list of additional contacts that must be made if a pipeline emergency or incident occurs. The city will inform the pipeline operator of the emergency response groups that will be contacted through 911.
   (d)   Upon discovering a pipeline emergency or incident, any affected pipeline operator shall, as soon as practical, communicate to the city’s 911 system the following information:
      (1)   a general description of the emergency or incident;
      (2)   the location of the emergency or incident;
      (3)   the name and telephone number of the person reporting the emergency or incident;
      (4)   the name of the pipeline operator;
      (5)   whether any hazardous material is involved and identification of the hazardous material; and
      (6)   any other information as requested by the emergency dispatcher or other official at the time of reporting the emergency or incident.
   (e)   Each pipeline operator shall equip and maintain a regulated pipeline containing natural gas with hydrogen sulfide in concentrations of more than 100 parts per 1,000,000,000 with an audible alarm system that will provide notice to the general public in the event of a leak. The audible alarm system must be of a type and design approved by the gas inspector.
   (f)   A pipeline operator shall report to the gas inspector all nonemergency incidents involving well safety or integrity by completing an incident report on a form furnished by the city. Incident reports must be filed by the pipeline operator within 24 hours after discovering the incident. (Ord. 29228)
SEC. 51A-12.305.   MARKERS.
   (a)   The pipeline operator is responsible for maintaining markers in accordance with this section and state and federal laws.
   (b)   The location of all new or replacement pipe and regulated pipeline must be marked by the pipeline operator or the person installing or operating the regulated pipelines as follows:
      (1)   Marker signs must be placed at all locations where pipe or regulated pipelines cross property boundary lines and at each side of a public rights-of-way or private street that the regulated pipeline crosses.
      (2)   The top of all marker signs must be a minimum of four feet above ground level; the support post must be sufficient to support the marker sign; and the markers must be painted yellow or another color approved by the director of the department of transportation.
      (3)   All marker signs must be a minimum of 12 inches square and must be marked as “gas pipe line.”
      (4)   All marker signs must contain the name of the pipeline operator and a 24-hour local contact number.
      (5)   Regulated pipelines must be marked along their entire length with a buried metal wire and metallic flag tape.
      (6)   All signs must also contain an 811 designation “call before you dig” statement.
      (7)   The pipeline operator shall annually replace signage that has been lost, damaged, or removed. (Ord. 29228)
SEC. 51A-12.306.   ONE-CALL SYSTEM.
   (a)   A pipeline operator shall be a member in good standing with the one-call system or other approved excavation monitoring system as required by state law.
   (b)   A pipeline operator shall contract for service with the selected underground utility coordinating system for a minimum of five years unless there is an agreement between the pipeline operator and the city to change to an alternate system. The pipeline operator shall maintain the contract for services without interruption for the life of the regulated pipeline permit. (Ord. 29228)
SEC. 51A-12.307.   PIPELINE INFORMATION REPORTING REQUIREMENTS.
   (a)   The pipeline operator must file with the gas inspector an annual verified report in letter form on or before June 30 of each year to cover the reporting period of June 1 through May 31. The annual report must include the following information:
      (1)   A statement that the regulated pipeline has no outstanding safety violations as determined in an inspection or audit by either the Texas Railroad Commission or the United States Department of Transportation.
      (2)   If any safety violations, as determined by the Railroad Commission or the United States Department of Transportation, have not been corrected, the violations must be reported and an action plan to correct the safety violations must be provided. The action plan must include a timeline for corrective action and the individual or firm responsible for each action.
      (3)   If the pipeline operator has no reporting responsibility to the Texas Railroad Commission or the United States Department of Transportation and is otherwise exempt from the safety regulations of either agency, the following documents pertaining to the preceding reporting period of June 1 through May 31:
         (A)   copies of internal reports of responses to pipeline emergencies;
         (B)   current operations and maintenance logs; and
         (C)   current emergency action plan.
      (4)   Evidence that the pipeline operator has current liability insurance in accordance with this division.
      (5)   A statement that the regulated pipeline information provided is correct. If the information provided is no longer correct, updated or corrected information.
   (b)   The pipeline operator must, upon the request by the gas inspector, make available a log of all the maintenance and monitoring activities conducted on all pipelines subject to this division for the reporting period must be made available upon request by the gas inspector.
   (c)   The pipeline operator shall file a copy of all initial or follow-up reports provided to the Texas Railroad Commission and the United States Department of Transportation on unsafe pipeline conditions, pipeline emergencies, or pipeline incidents with the gas inspector. The pipeline operator shall file with the gas inspector any initial or follow-up reports filed with state and federal regulatory agencies regarding pipeline releases concurrently with the city. (Ord. 29228)
SEC. 51A-12.308.   PUBLIC EDUCATION.
   All pipeline operators must annually provide affected landowners, public officials, and emergency providers with appropriate public awareness information in accordance with 49 CFR 192.616 and 195.440. (Ord. 29228)
SEC. 51A-12.309.   REPAIRS AND MAINTENANCE.
   (a)   All repairs and maintenance of pipelines must be performed in accordance with the United States Department of Transportation and Texas Railroad Commission mechanical integrity requirements.
   (b)   A pipeline operator shall protect, maintain in a state of good repair and condition, and regularly paint all pipeline risers and appurtenances related to pipeline construction and operations that are composed of materials generally protected or painted.
   (c)   If non-emergency repairs require excavation of a regulated pipeline, the pipeline operator shall provide written notice to the residents, property owners, and tenants within 500 feet, measured from the centerline of the pipeline to be excavated, at least five days before beginning the repairs.
   (d)   If above-ground non-emergency repairs that are not routine maintenance are required, the pipeline operator shall provide written notice to the residents, property owners, and tenants within 500 feet, measured from the centerline of the pipeline section to be repaired, at least five days before beginning the repairs. The written notice must be:
      (1)   sent by United States mail, postage prepaid, at least five days before beginning any non-emergency repair; or
      (2)   hand-delivery at least three days before beginning the non-emergency repairs. (Ord. 29228)
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