Minnesota Rules — Pipeline Safety Office

Chapter 7530 PIPELINE SAFETY ENFORCEMENT AND SANCTIONS

Minn. R. 7530.0100 Definitions

Subpart 1. Scope.

The terms used in this chapter have the meanings given them in this part.

Subp. 2. Director.

"Director" means the director of the Office of Pipeline Safety.

Subp. 3. Good cause to believe.

"Good cause to believe" means grounds put forth in good faith that are not arbitrary, irrational, unreasonable, or irrelevant and that are based on at least one of the following sources:

A. information from a person;

B. facts supplied by the pipeline operator;

C. facts of which the director or an agent of the director has personal knowledge; or

D. information obtained by the office during an inspection.

Subp. 4. Office.

"Office" means the Minnesota Office of Pipeline Safety, a division of the Minnesota Department of Public Safety.

Subp. 5. Pipeline operator.

"Pipeline operator" means a person who engages in the transportation of gas or hazardous liquid or who owns or operates pipeline facilities.

History

• Statutory Authority: MS s 299F.57; 299J.04
• History: 15 SR 83

Minn. R. 7530.0300 Inspections

Subpart 1. Purpose and scope.

For determining and enforcing compliance with safety standards, the office shall conduct periodic inspections and spot checks of records and property in the possession, custody, or control of pipeline operators to determine compliance with applicable pipeline safety standards under Minnesota Statutes, section 299F.57. This chapter does not apply to interstate gas or liquid pipeline facilities subject to the enforcement jurisdiction of the federal Office of Pipeline Safety under the federal Natural Gas Pipeline Safety Act or the federal Hazardous Liquids Pipeline Safety Act.

Subp. 2. Reasons.

Inspections will be conducted pursuant to item A, B, C, D, or E:

A. routine scheduling by the director;

B. a complaint received from a member of the public;

C. information obtained from a previous inspection;

D. an accident or reportable incident; or

E. when there is good cause to believe that a threat to public safety may exist.

History

• Statutory Authority: MS s 299F.57; 299J.04
• History: 15 SR 83

Minn. R. 7530.0400 Inspection Results

Subpart 1. Requests for specific information.

After a complaint, report, or inspection, the office shall send the pipeline operator a request for specific information (1) if further information is necessary to determine appropriate action, (2) when further information is necessary to determine if the office has jurisdiction to act, or (3) when necessary to determine compliance with applicable pipeline safety standards. The pipeline operator has five days to respond to a request for information that is necessary to determine if a reportable incident has taken place or that arises from a reportable incident. The pipeline operator has 30 days to respond to all other requests for specific information. The office may allow more than 30 days to respond based on the quantity of information requested, the difficulty in obtaining the requested information, and the potential hazard to public safety.

Subp. 2. Warning letters; response.

The office shall issue a warning letter when (1) the office has good cause to believe a violation of the federal Natural Gas Pipeline Safety Act; the federal Hazardous Liquid Pipeline Safety Act; Minnesota Statutes, sections 299F.56 to 299F.641 and 299J.01 to 299J.09; or a rule, regulation, or order issued under any of these laws, has occurred and (2) the office determines that no immediate threat to public safety exists but that a threat to public safety will develop if the violation is not corrected within a reasonable time. The letter must indicate the nature of the probable violation and advise that the pipeline operator must correct the violation or be subject to further enforcement action by the office.

The pipeline operator has 30 days to respond to the warning letter. The office may allow more than 30 days to respond based on the quantity of information requested, the difficulty in obtaining the requested information, and the potential hazard to public safety. If more than 30 days is required to respond, the operator must request a time extension in writing to the office.

Subp. 3. Notice of probable violation; response.

The office shall issue a notice of probable violation when (1) the office has good cause to believe a violation of the federal Natural Gas Pipeline Safety Act; the federal Hazardous Liquid Pipeline Safety Act; Minnesota Statutes, sections 299F.56 to 299F.641 and 299J.01 to 299J.09; or a rule, regulation, or order issued under any of these laws, has occurred and (2) the office determines that a warning letter issued under subpart 2 will not be effective or will not adequately address public safety issues. The notice must contain a proposed compliance order or proposed civil penalty.

The pipeline operator has 30 days to respond to the notice of probable violation. The office may allow more than 30 days to respond based on the quantity of information requested, the difficulty in obtaining the requested information, and the potential hazard to public safety. If more than 30 days is required to respond, the operator must request a time extension in writing to the office.

Subp. 4. Contents of warning letter or notice.

A warning letter or notice of probable violation must include:

A. a statement of the statute, regulation, or rule allegedly violated by the pipeline operator and a description of the evidence on which the allegation is based;

B. notice of response options available to the pipeline operator;

C. if a civil penalty is proposed, the amount of the proposed civil penalty and the maximum civil penalty applicable under law; and

D. if a compliance order is proposed, a statement of the remedial action being sought in the form of a proposed compliance order.

Subp. 5. Response options.

The pipeline operator shall respond to the warning letter or notice of probable violation in the following way:

A. When the warning letter or notice of probable violation contains a proposed compliance order, the pipeline operator shall:

B. When the warning letter or notice of probable violation contains a proposed civil penalty, the pipeline operator shall:

History

• Statutory Authority: MS s 299F.57; 299J.04
• History: 15 SR 83

Minn. R. 7530.0500 Director Review

If the pipeline operator objects to the proposed compliance order or civil penalty and submits written explanations, information, or other materials in response to a warning letter or notice of probable violation, the director shall review the submissions and determine whether to negotiate further, modify, or withdraw the warning letter or notice of probable violation, or initiate a hearing under Minnesota Statutes, sections 14.50 to 14.69.

History

• Statutory Authority: MS s 299F.57; 299J.04
• History: 15 SR 83

Minn. R. 7530.0800 Consent Order

An executed consent order must contain:

A. admission by the pipeline operator of all jurisdictional facts;

B. waiver of further procedural steps and of all right to seek judicial or administrative review or otherwise challenge or contest the validity of the consent order;

C. agreement that the warning letter or notice of probable violation may be used to construe the terms of the consent order; and

D. a description of the actions required of the pipeline operator and the time by which the actions must be accomplished.

History

• Statutory Authority: MS s 299F.57; 299J.04
• History: 15 SR 83

Minn. R. 7530.1000 Civil Penalties

Subpart 1. Proceedings.

When the office has good cause to believe that a pipeline operator is engaging or has engaged in conduct that involves a violation of minimum pipeline safety requirements, the office shall conduct proceedings under parts 7530.0100 to 7530.1100 to determine the nature and extent of the violation and assess and, if appropriate, negotiate a civil penalty under Minnesota Statutes, section 299F.60.

Subp. 2. Assessment considerations.

In assessing a civil penalty under this part, the office shall consider the following factors:

A. the nature, circumstances, and gravity of the violation;

B. the degree of the pipeline operator's culpability;

C. the pipeline operator's history of previous offenses;

D. the pipeline operator's ability to pay;

E. good faith on the part of the pipeline operator in attempting to achieve compliance;

F. the effect of the penalty on the pipeline operator's ability to continue in business; and

G. whether the pipeline is a hazardous liquid pipeline or a gas or other pipeline.

Subp. 3. Payment procedures.

The pipeline operator shall pay a civil penalty that has been proposed, assessed, or compromised by submitting to the office a certified check or money order in the correct amount, payable to the commissioner of public safety.

History

• Statutory Authority: MS s 299F.57; 299J.04
• History: 15 SR 83

Minn. R. 7530.1200 Hazardous Facility Orders

Subpart 1. In general.

After an inspection, report, or complaint, the office shall find a particular facility to be hazardous to life or property under Minnesota Statutes, section 299F.57, subdivision 4, if under the facts and circumstances:

A. the office determines the particular facility is hazardous to life or property; or

B. the pipeline facility, or a component, has been constructed with equipment, material, or technique that is hazardous to life or property, unless the pipeline operator demonstrates that the equipment, material, or technique is not hazardous to life or property.

Subp. 2. Determination factors.

In considering whether a facility will be determined to be hazardous to life or property, the office shall consider:

A. the characteristics of the pipe and other equipment used in the pipeline facility involved, including its age, manufacturer, physical properties, resistance to corrosion and deterioration, and methods of manufacture, construction, and assembly;

B. the nature of the materials transported by the facility, including their corrosive and deteriorative qualities, and the sequence in which the materials are transported;

C. the area in which the pipeline facility is located, the climatic and geologic conditions associated with the area, and the population, population density, and growth patterns of the area; and

D. the adequacy of the pipeline operator's records to show the absence of hazardous conditions.

Subp. 3. Order.

If the office finds a particular pipeline facility to be hazardous to life or property, the director shall issue a hazardous facility order if failure to do so would result in the likelihood of serious harm to life or property. The hazardous facility order shall provide an opportunity for a contested case hearing as soon as practical.

Subp. 4. Order contents.

The order must contain:

A. a finding that the pipeline facility is hazardous to life or property;

B. the facts on which the finding is based;

C. the legal basis of the order;

D. the nature and description of the particular corrective action required of the respondent;

E. the date by which the required action must be taken or completed and, when appropriate, the duration of the order; and

F. if a hearing has been waived under this part, a statement that an opportunity for a hearing is provided as soon as practical.

History

• Statutory Authority: MS s 299F.57; 299J.04
• History: 15 SR 83

Minn. R. 7530.1400 Reportable Incident Investigation

After a reportable incident, the office may interview personnel, view failed equipment or pipe, issue a subpoena for failed equipment or pipe relating to the incident, for independent preservation, order independent laboratory tests of failed pipe or equipment, view related documents, and take other investigatory measures as needed to complete a comprehensive independent investigation.

History

• Statutory Authority: MS s 299F.57; 299J.04
• History: 15 SR 83

Minn. R. 7530.1500 Testing and Test Results

Subpart 1. Applicability.

This part applies to tests following reportable incidents in preparation to returning the pipeline to service. For purposes of this part, pipeline has the meaning given it in Minnesota Statutes, section 299J.02, subdivision 11.

Subp. 2. Notice.

At least 48 hours before conducting pressure testing, including hydrostatic, air, nitrogen, or other test medium, the pipeline operator shall give notice of the test to the office and to the local governmental units traversed by the portion of pipeline to be tested, unless the operator determines that an emergency exists requiring immediate testing of the pipeline.

For an emergency requiring immediate testing, the pipeline operator shall notify the office before initiating the test.

Subp. 3. Notice contents.

The notice of the test must include:

A. a statement of the purpose of the test with supporting documents;

B. the name, address, and telephone number of the pipeline operator;

C. the specific location of the pipeline or pipeline section to be tested, including a suitable map of the route of the pipeline and the location of the test;

D. the date and time the test is to be conducted;

E. the method by which the test will be accomplished and the type of test medium to be used; and

F. the name and telephone number of an independent testing firm or other person responsible for certification of results.

Subp. 4. Observation.

Authorized representatives of the director and affected local governmental units may observe the test.

Subp. 5. Results reported.

The results of a hydrostatic test conducted by the pipeline operator or by an independent testing company must be sent to the office and if requested, every local governmental unit traversed by the tested portion of the pipeline within ten days of the completion of the test. The test results must include:

A. the date of the test;

B. the specific location of the pipeline or pipeline section to be tested, including a suitable map of the route of the pipeline; and

C. the results of the test.

History

• Statutory Authority: MS s 299F.57; 299J.04
• History: 15 SR 83

Minn. R. 7530.5010 General

Parts 7530.5010 to 7530.5060 set the standards and procedures necessary to implement Minnesota Statutes, sections 299F.631 and 299J.12. Parts 7530.5010 to 7530.5060 only apply to pipeline operators subject to the jurisdiction of the Minnesota Office of Pipeline Safety under Minnesota Statutes, sections 299F.56 to 299F.641 and, for federal pipeline safety inspection purposes only, interstate pipeline operators subject to inspection by the office acting in its capacity as an interstate agent under Minnesota Statutes, chapter 299J.

History

• Statutory Authority: MS s 299F.631; 299J.04
• History: 16 SR 2116

Minn. R. 7530.5020 Definitions

Subpart 1. Scope.

For purposes of parts 7530.5010 to 7530.5060, the following terms have the meanings given them in this part.

Subp. 2. Director.

"Director" means the Director of the Minnesota Office of Pipeline Safety, acting directly or through an authorized agent.

Subp. 3. Inspection expenses.

"Inspection expenses" means salary, fringe benefit, and travel expenses of pipeline safety inspectors in conducting an inspection, preparing to conduct an inspection, preparing reports or orders to document an inspection, and reviewing operator responses.

Subp. 4. Investigation expenses.

"Investigation expenses" means salary, fringe benefit, and travel expenses of pipeline safety inspectors in conducting an investigation, preparing to conduct an investigation, preparing reports or orders to document an investigation, and reviewing operator responses.

Subp. 5. Office.

"Office" means the Minnesota Office of Pipeline Safety, acting directly or through authorized agents.

Subp. 6. Per meter assessments.

"Per meter assessments" means the assessments of intrastate gas distribution operators and of intrastate liquefied petroleum gas distribution operators made under Minnesota Statutes, section 299F.631, subdivision 2, paragraph (b), by the office.

Subp. 7. Quarter.

"Quarter" means the three-month period ending March 31, June 30, September 30, or December 31.

History

• Statutory Authority: MS s 299F.631; 299J.04
• History: 16 SR 2116

Minn. R. 7530.5030 Per Meter Assessments

Subpart 1. Calculation of total expenses; limitation.

To calculate per meter assessments for a quarter, the office shall first calculate the total inspection expenses incurred during that quarter in conducting routine maintenance and operation inspections of pipeline facilities of intrastate gas distribution operators and intrastate liquefied petroleum gas distribution operators. This total may not include inspection or investigation expenses incurred by the office in conducting inspections or investigations of interstate pipeline facilities or inspections or investigations listed in Minnesota Statutes, section 299F.631, subdivision 2, paragraph (a), clauses (2) to (6).

Subp. 2. Method of assessment.

The office shall assess intrastate gas distribution operators and intrastate liquefied petroleum gas distribution operators a pro rata share of the total inspection expenses calculated under subpart 1. The pro rata share for an operator must be based on the number of meters in service by that operator on the preceding December 31. A liquefied petroleum gas operator is considered to have one meter in service for each unmetered individual service line on the preceding December 31.

History

• Statutory Authority: MS s 299F.631; 299J.04
• History: 16 SR 2116

Minn. R. 7530.5040 Direct Charges

This part applies to both intrastate and interstate pipeline operators. The office shall directly charge a pipeline operator for inspection or investigation expenses incurred in performing an inspection or investigation of a pipeline facility of the operator, unless the inspection or investigation expenses are included in the calculations for intrastate operators under part 7530.5030, subpart 1. The office shall assess these charges each quarter.

History

• Statutory Authority: MS s 299F.631; 299J.04
• History: 16 SR 2116

Minn. R. 7530.5050 Support Costs

Subpart 1. Definition.

"Support costs" means the expenses, including indirect costs, incurred by the office for operating the office that are not recovered as per meter assessments under part 7530.5030, or as direct charges under part 7530.5040.

Subp. 2. Reductions.

Support costs must be reduced by the amounts listed in items A and B. This reduction must be done before the distribution under subpart 3 is made.

A. Support costs must be reduced by the amount of federal reimbursements received by the office.

B. Support costs must be reduced by the amount of civil penalties collected under Minnesota Statutes, section 216D.08.

Subp. 3. Support cost split.

Support costs not distributed or reduced by the operation of subparts 1 and 2 must be proportionately distributed among six categories: intrastate gas distribution and intrastate liquefied petroleum gas distribution operators, liquefied natural gas operators, intrastate hazardous liquid operators, intrastate gas transmission operators, interstate hazardous liquid operators, and interstate natural gas operators. The proportion must be based on inspector hours spent that quarter on each category of operator by the office.

Subp. 4. Method of assessment.

Support costs for a quarter must be assessed against pipeline operators in a category according to items A to G.

A. An intrastate gas distribution operator or an intrastate liquefied petroleum gas distribution operator must be assessed a pro rata share of the support costs for this category based on the number of meters in service by that operator on the preceding December 31. An operator is considered to have one meter in service for each unmetered individual service line on the preceding December 31.

B. The support costs for this category must be divided into equal shares so there is one share for each liquefied natural gas pipeline operator. A liquefied natural gas pipeline operator must be assessed one share.

C. An intrastate hazardous liquid pipeline operator must be assessed a portion of the support costs for this category equal to the percentage of the total miles of intrastate hazardous liquid pipeline operated by the pipeline operator.

D. An intrastate gas transmission operator must be assessed a portion of the support costs for this category equal to the percentage of the total miles of intrastate gas transmission pipeline operated by the pipeline operator.

E. An interstate hazardous liquid pipeline operator must be assessed a portion of the support costs for this category equal to the percentage of the total miles of interstate hazardous liquid pipeline operated by the pipeline operator.

F. An interstate natural gas pipeline operator must be assessed a portion of the support costs for this category equal to the percentage of the total miles of interstate natural gas pipeline operated by the pipeline operator.

G. A pipeline measurement used for calculating an assessment under this subpart must be the measurement on the preceding December 31. The pipeline measurement must include only miles of pipeline in Minnesota and must be rounded up to the next whole mile.

History

• Statutory Authority: MS s 299F.631; 299J.04
• History: 16 SR 2116

Minn. R. 7530.5060 Procedure

Subpart 1. Assessment form.

No fewer than 30 days after the end of each quarter, the office shall mail to each pipeline operator an assessment indicating the support costs, per meter assessments, and direct charges assessed against that pipeline operator.

Subp. 2. Delinquency fee and interest.

If an operator does not pay an assessment within 60 days after the assessment was mailed, the office shall impose a delinquency fee of not more than ten percent of the assessment and interest at the rate of not more than 15 percent per year on the portion of the assessment not paid. In determining the amount of the delinquency fee and interest imposed by the office under this subpart, the director shall consider the following factors:

A. the pipeline operator's ability to pay;

B. good faith on the part of the pipeline operator in attempting to pay; and

C. the effect of the delinquency fee and interest on the pipeline operator's ability to continue in business.

Subp. 3. Complaint procedure.

A pipeline operator that disagrees with an assessment may file a written complaint with the office within 15 days of the receipt of the assessment. The director shall review each complaint and issue a written determination within a reasonable time affirming, amending, or rescinding the assessment. The pipeline operator may appeal the determination of the director to the commissioner of public safety.

A pipeline operator may withhold the amount of assessed charges in dispute while a complaint or appeal is pending. The office shall not assess a delinquency fee or interest on the amount in dispute unless the director determines that the complaint or appeal is solely for the purpose of delay.

History

• Statutory Authority: MS s 299F.631; 299J.04
• History: 16 SR 2116

Chapter 7535 MODEL PIPELINE SETBACK ORDINANCE

Minn. R. 7535.0100 Definitions

Subpart 1. Scope.

The terms used in this chapter have the meanings given them in this part.

Subp. 2. Building.

"Building" means a structure designed primarily for human use or occupancy including businesses, offices, educational facilities, medical facilities, residences, and institutions. Decks, overhangs, porches, or similar attached structures are considered part of the building. Building does not include appurtenances required to operate or maintain pipeline systems.

Subp. 3. Commissioner.

"Commissioner" means the commissioner of public safety.

Subp. 4. Other development.

"Other development" means commercial, industrial, or agricultural development when it results in the construction of a building or place of public assembly.

Subp. 5. Pipeline.

"Pipeline" has the meaning given it in Minnesota Statutes, section 299J.02, subdivision 11.

Subp. 6. Pipeline easement.

"Pipeline easement" means the existing easement or a subsequent easement resulting from the negotiation of a change in the boundaries of the existing easement.

Subp. 7. Place of public assembly.

"Place of public assembly" means a site that is occupied by 20 or more persons on at least five days a week for ten weeks in any 12-month period. The days and weeks need not be consecutive.

History

• Statutory Authority: MS s 299J.05
• History: 15 SR 2734

Minn. R. 7535.0200 Purpose

The purpose of this chapter is to set out a model ordinance requiring a setback from pipeline sites where residential or other development may occur.

History

• Statutory Authority: MS s 299J.05
• History: 15 SR 2734

Minn. R. 7535.0300 Scope

This chapter applies to statutory or home rule charter cities, towns, and counties that have planning and zoning authority under Minnesota Statutes, sections 366.10 to 366.19, 394.21 to 394.37, or 462.351 to 462.365, and in which a pipeline is located.

History

• Statutory Authority: MS s 299J.05
• History: 15 SR 2734

Minn. R. 7535.0400 Adoption of Setback Ordinance

Subpart 1. Deadline.

By August 1, 1991, each jurisdiction described in part 7535.0300 shall adopt an approved setback ordinance that meets or exceeds the minimum standards set out in this chapter.

Subp. 2. Application.

The model setback ordinance must be applied to any jurisdiction that has not adopted an approved setback ordinance by August 1, 1991.

Subp. 3. Approval process.

Each jurisdiction shall submit a copy of its proposed ordinance to the commissioner. The proposed ordinance must be compared to the definitions and model setback ordinance in parts 7535.0100 and 7535.0500 to ensure that the proposed setback meets or exceeds the minimum standards set out in the model. The commissioner's written decision on the proposed ordinance will be sent to the jurisdiction within 90 days of receipt. The decision must specify approval of the ordinance or areas of deficiency and recommended modifications.

History

• Statutory Authority: MS s 299J.05
• History: 15 SR 2734

Minn. R. 7535.0500 Model Setback Ordinance

Subpart 1. Purpose.

The purpose of a model setback ordinance set out in this part is to increase public safety by requiring that new development be set back from pipeline locations.

Subp. 2. Applicability.

This ordinance applies to new residential and other development. It does not apply to development that has occurred or for which development permits have been issued before July 1, 1991.

Subp. 3. Setback.

Buildings and places of public assembly subject to this ordinance shall not be constructed closer to the pipeline than the boundary of the pipeline easement.

Subp. 4. Variances.

Variance procedures adopted by the local unit of government under Minnesota Statutes, sections 366.10 to 366.19, 394.21 to 394.37, or 462.351 to 462.365, shall apply.

History

• Statutory Authority: MS s 299J.05
• History: 15 SR 2734

Chapter 7560 EXCAVATION NOTICE SYSTEM

Minn. R. 7560.0100 Definitions

Subpart 1. Scope.

The terms used in this chapter have the meanings given them. Terms not defined in this part have the meanings given them in Minnesota Statutes, section 216D.01.

Subp. 1a. Abandoned facility.

"Abandoned facility" means an underground facility that is no longer in service and is physically disconnected from a portion of the operating facility that is in use or still carries service. An abandoned facility has been deemed abandoned by the operator.

Subp. 2. Director.

"Director" means the director of the Office of Pipeline Safety of the Minnesota Department of Public Safety.

Subp. 3. Good cause to believe.

"Good cause to believe" means grounds put forth in good faith that are not arbitrary, irrational, unreasonable, or irrelevant and that are based on at least one of the following sources:

A. information from a person;

B. facts supplied by the notification center defined in Minnesota Statutes, section 216D.01, subdivision 8;

C. facts of which the director or an agent of the director has personal knowledge; and

D. information provided by excavators or operators.

Subp. 4. Locate.

"Locate" means an operator's markings of an underground facility.

Subp. 5.

[Renumbered as subp 8]

Subp. 5a.

[Renumbered as subp 9]

Subp. 6.

[Renumbered as subp 11]

Subp. 7. Meet.

When used as a noun in this chapter, "meet" refers to a meeting at the site of proposed excavation requested at the time of notice by the excavator with all affected underground facility operators to further clarify the precise geographic location of excavation, schedule locating, propose future contacts, and share other information concerning the excavation and facilities.

Subp. 8. Office.

"Office" means the Office of Pipeline Safety of the Minnesota Department of Public Safety.

Subp. 9. Out-of-service facility.

"Out-of-service facility" means an underground facility that is no longer maintained and is not intended for future use, but has not been deemed abandoned. An out-of-service facility may still be connected to a portion of the operating facility that is in use or still carries service.

Subp. 10. Public right-of-way.

"Public right-of-way" means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and sidewalk in which a government unit has an interest, including other rights-of-way dedicated for travel purposes and utility easements of government units.

Subp. 11. Remuneration.

"Remuneration" means direct or indirect compensation or consideration paid to the person or the person's agent, employer, employee, subcontractor, or contractor. A person who excavates as part of the person's duties as an employee, employer, agent, subcontractor, or contractor is considered to be acting for remuneration.

Subp. 12. Service lateral.

"Service lateral" means an underground facility that is used to transmit, distribute, or furnish gas, electricity, communications, or water from a common source to an end-use customer. A service lateral is also an underground facility that is used in the removal of wastewater from a customer's premises.

History

• Statutory Authority: MS s 14.06; 216D.08; 299F.56; 299F.60; 299F.641; 299J.04
• History: 16 SR 135; 24 SR 448; 29 SR 1503

Minn. R. 7560.0125 Abandoned and Out-of-Service Facilities

Subpart 1. Duty of operators to provide readily available information.

Operators shall provide readily available information, as shown on maps, drawings, diagrams, or other records used in the normal course of business, on the approximate location of abandoned and out-of-service facilities to an excavator by the excavation date and time noted on the excavation or location notice unless otherwise agreed between the excavator and the operator. An operator fulfills an obligation to provide information on these facilities by doing one or more of the following:

A. locating and marking the approximate location of the facility according to the current color code standard used by the American Public Works Association, as required in Minnesota Statutes, section 216D.04, subdivision 3, with an abandoned or out-of-service facility identified by an uppercase A surrounded by a circle;

B. providing informational flags at the area of proposed excavation;

C. communicating information verbally; or

D. providing copies of maps, diagrams, or records.

Subp. 2. Duty to notify operator.

An excavator shall notify the operator:

A. before moving, removing, or otherwise altering a facility that is thought to be abandoned or out of service; or

B. if damage to the facility occurs, pursuant to Minnesota Statutes, section 216D.01, subdivision 2.

Subp. 3. Verification of abandoned or out-of-service facility.

Upon receipt of notification by an excavator pursuant to subpart 2, an operator shall verify that an underground facility is abandoned or out of service, by either reference to installation records, testing, or other comparable standard of verification, before an excavator is allowed to move, remove, or otherwise alter an underground facility.

Subp. 4. Liability.

An operator providing information pursuant to Minnesota Statutes, section 216D.04, subdivision 3, is not responsible to any person for any costs, claims, or damages for information provided in good faith regarding abandoned and out-of-service underground facilities.

History

• Statutory Authority: MS s 14.06; 216D.08; 299J.04; 299F.60
• History: 24 SR 448

Minn. R. 7560.0150 Public Right-of-Way Mapping and Installation

Subpart 1. Duty of operator to map.

After December 31, 2005, an operator shall maintain a map, a diagram, a drawing, or geospatial information regarding the location of its underground facility within a public right-of-way installed after that date.

Subp. 2. Duty to install locating wire.

After December 31, 2005, an operator shall install a locating wire or have an equally effective means of marking the location of each nonconductive underground facility within a public right-of-way installed after that date. This requirement does not apply when making minor repairs to an existing nonconductive facility. As applied to this chapter, "minor repairs" means repairs to or partial replacement of portions of existing service laterals located within a public right-of-way for purposes of routine maintenance and upkeep.

History

• Statutory Authority: MS s 299J.04
• History: 29 SR 1503

Minn. R. 7560.0200 [Repealed, 24 SR 448]

[Repealed, 24 SR 448]

Minn. R. 7560.0225 Excavator Responsibilities Regarding a Locate

Subpart 1.

[Repealed, 29 SR 1503]

Subp. 2. Responsibility to protect and preserve.

The excavator is responsible for reasonably protecting and preserving a locate until no longer required for proper and safe excavation near the underground facility. If the excavator has reason to believe a locate is obliterated, obscured, missing, or incorrect, the excavator shall notify the facility operator or notification center in order to have an operator verify, refresh, or re-mark the locate.

Subp. 3. Use of locate.

A locate is valid for 14 days from the excavation commencement time stated on the excavation or location notice, unless the excavator has made previous arrangements with the operators affected to periodically verify, refresh, or re-mark the locate.

History

• Statutory Authority: MS s 14.06; 216D.08; 299J.04; 299F.60
• History: 24 SR 448; 29 SR 1503

Minn. R. 7560.0250 Locate Standards

Subpart 1. Facility locate.

Unless otherwise agreed to between the excavator and operator, an operator shall locate an underground facility using stakes, flags, paint, or other suitable materials in varying combinations dependent upon the surface. The locate must be in sufficient detail to clearly identify the approximate route of the underground facility. The locate must also include:

A. name, abbreviation, or logo of the operator when more than one operator listed on the notice uses the same color markings;

B. width of the underground facility if it is greater than eight inches; and

C. number of underground facilities if greater than one.

Subp. 2. Operator duties in no conflict situation.

After December 31, 2005, an operator who receives notice and determines that an underground facility is not in conflict with the proposed excavation shall complete one or more of the following:

A. mark the area "NO" followed by the operator's name, abbreviation, or logo in the color code of the underground facility not in conflict;

B. place a clear plastic flag at the area that:

C. contact the notification center through procedures required by the notification center and indicate that there are no underground facilities in conflict with the proposed excavation and that no markings or flags were left at the proposed excavation site.

Subp. 3. Placement of flags or markings.

If using N/C (no conflict) flags or markings pursuant to subpart 2, an operator shall place the flags or markings in a location that can be readily observed by an excavator. When an area of proposed excavation is delineated by the use of white markings, an operator shall place the N/C flags or markings within, or as near as practicable to, the delineated area.

Subp. 4. Duties of notification center.

After December 31, 2005, the notification center shall make the information received under subpart 2 available to the excavator before the start date and time on the notice. The notification center may fulfill this requirement by making the information accessible through one or more Internet addresses, by transmitting the information to a continuously working facsimile machine maintained by the excavator, or by other methodology developed by the notification center. The notification center shall make available the information received by operators pursuant to this section through an electronic means. The notification center is not required by this subpart to contact an excavator verbally via telephone.

History

• Statutory Authority: MS s 299J.04
• History: 29 SR 1503

Minn. R. 7560.0300 Operator Participates and Shares Costs

An operator shall participate in and share the costs of the one call excavation notice system by:

A. submitting the information required by the notification center to allow the center to notify the operator of excavation activity;

B. updating the information provided to the notification center on a timely basis;

C. installing and paying for equipment reasonably requested by the notification center to facilitate receipt of notice of excavation from the center;

D. paying the costs charged by the notification center on a timely basis; and

E. receiving and responding to excavation notices, including emergency notices, as required by Minnesota Statutes, chapter 216D.

History

• Statutory Authority: MS s 14.06; 216D.08; 299F.56; 299F.641
• History: 16 SR 135

Minn. R. 7560.0325 Emergency Excavation Notices

Subpart 1. Duty of excavator to provide notice.

An excavator shall provide notice to the notification center before commencing an emergency excavation, unless subpart 2 applies. All emergency notices, regardless whether made prior to excavation, must be verbal or in a manner accepted by the notification center. In addition to the information required by the notification center, the notice must also contain:

A. a description of the situation requiring the emergency excavation;

B. the precise location of the proposed area of the emergency excavation;

C. at least one continuously staffed telephone number where the excavator can be contacted by the operator throughout the emergency; and

D. the excavation start date and time if the need for excavation is not immediate.

Subp. 2. Excavating before notice.

If an emergency is such that providing notice or waiting for an operator would result in an undue risk to life, health, or significant loss of property, the excavator may excavate without providing prior notice or waiting for an operator to mark an underground facility. In this situation, the excavator shall provide notice as soon as practicable and take all reasonable precautions to avoid or minimize damage. Excavation prior to notice under this subpart does not relieve an excavator from any responsibility for damage to an underground facility pursuant to Minnesota Statutes, section 216D.06.

Subp. 3. Emergency notice requesting immediate response.

Upon receiving an emergency excavation notice requesting an immediate response, an operator shall:

A. attempt to contact the excavator within one hour at the telephone number provided in subpart 1, item C, to provide any information concerning facilities at or near the area of excavation including an anticipated response time; and

B. locate and mark the underground facility within three hours of notice unless:

Subp. 4. Emergency notice requesting scheduled response.

Upon receiving an emergency excavation notice that does not require an immediate response, and before the scheduled excavation start date and time, an operator shall:

A. locate and mark the underground facility, unless otherwise agreed between the parties; or

B. notify the excavator at the telephone number provided in subpart 1, item C, that there is not an underground facility within the area of proposed excavation. For purposes of this subpart, a requested start time of three hours or less from the time notice is provided to the center is considered an emergency notice requesting immediate response under subpart 3.

History

• Statutory Authority: MS s 299J.04
• History: 29 SR 1503

Minn. R. 7560.0350 Excavation Notice Requesting Meet

Subpart 1. Excavator duties.

When requesting a meet through the notification center, an excavator must provide at least one contact name and telephone number to assist in facilitating the meet. An excavator shall contact the notification center to cancel or reschedule the meet and the notification center shall relay this information to the affected operators. When a meet is requested, an excavator's notice must include the entire geographic area of the proposed excavation and the specific location of the meet. This part does not relieve an excavator from the duty to provide a precise geographic location of the proposed area of excavation, or to use white markings except where it can be shown that to do so is not practical.

Subp. 2. Operator duties.

When a meet is requested, an affected operator shall make a reasonable effort to attend the meet at the proposed date and time, or contact the excavator before the meet and reschedule for a mutually agreed date and time.

Subp. 3. Excavation start date and time.

When a meet is requested, the meet date and time must be at least 48 hours after notice is provided, excluding Saturdays, Sundays, and holidays, and the excavation start date and time must be at least 24 hours after the proposed meet date and time specified on the notice, excluding Saturdays, Sundays, and holidays. This subpart does not apply if these matters are provided for in a written agreement with all affected operators.

Subp. 4. Meet request documentation.

An excavator shall maintain written documentation of each meet with an underground facility operator or representative. This documentation must be kept for the duration of the excavation conducted under the notice. The documentation must include:

A. the date and time of each meet;

B. the names, company affiliations, and contact information of the attendees of each meet;

C. a diagram, sketch, or description of the precise excavation locations, dates, and times; and

D. the agreed schedule of any future meets or communications.

History

• Statutory Authority: MS s 299J.04
• History: 29 SR 1503

Minn. R. 7560.0375 Locating a Service Lateral

Subpart 1. Operator duties.

Unless otherwise agreed, an underground facility operator shall locate a service lateral before the start date and time on the notice and in accordance with items A through C:

A. An operator of a natural gas, propane, or electric facility shall locate a service lateral up to the meter or the connection to a customer's underground facility, whichever is closer to the end-use customer. If the meter or connection to the customer's underground facility is within a public right-of-way, at a minimum the operator shall locate that portion of the service lateral within the public right-of-way up to the point where the service lateral first leaves the public right-of-way.

B. An operator of a communication facility shall locate a service lateral up to the entry of the first building. If the service lateral does not enter a building, the operator shall locate up to the utilization equipment, fence, or wall that surrounds the equipment.

C. After December 31, 2005, an operator of a sewage or water facility, at a minimum, shall locate that portion of the service lateral within a public right-of-way installed after that date up to the point where the service lateral first leaves the public right-of-way. The operator shall either locate or provide information as shown on maps, drawings, diagrams, or other records, on the location of a sewer or water service lateral installed before January 1, 2006. If no information is available on a sewer or water service lateral installed before January 1, 2006, then notifying the excavator that no information exists fulfills the requirements of this section.

Subp. 2. Exception.

An operator is not required to locate a service lateral of a customer who currently participates in the statewide notification system, provided the customer and operator mutually agree that the customer will assume locate responsibilities. The agreement must be in writing.

History

• Statutory Authority: MS s 299J.04
• History: 29 SR 1503

Minn. R. 7560.0400 Citations

Subpart 1. Notice of violation.

The office shall issue a notice of probable violation when the office has good cause to believe a violation of Minnesota Statutes, sections 216D.01 to 216D.09 or this chapter has occurred.

Subp. 2. Contents of notice of violation.

A notice of violation must include:

A. a statement of the statute or rule allegedly violated by the person and a description of the evidence on which the allegation is based;

B. notice of response options available to the person cited;

C. notice that the person has 30 days in which to respond;

D. notice that failure to respond within 30 days precludes administrative review under this chapter; and

E. if a civil penalty is proposed, the amount of the proposed civil penalty and the maximum civil penalty applicable under law.

Subp. 3. Receipt of notice.

The notice of violation is deemed received three days after mailing to the person's last known address.

History

• Statutory Authority: MS s 14.06; 216D.08; 299F.56; 299F.60; 299F.641; 299J.04
• History: 16 SR 135; 24 SR 448

Minn. R. 7560.0500 Response Options

The person shall respond to the notice of violation in the following way:

A. When the notice contains a proposed compliance order, the person shall:

B. When the notice contains a proposed civil penalty, the person shall:

C. Failure to respond in writing within 30 days precludes administrative review under this chapter. A final order will be issued and penalties will be forwarded for collection.

History

• Statutory Authority: MS s 14.06; 216D.08; 299F.56; 299F.60; 299F.641; 299J.04
• History: 16 SR 135; 24 SR 448

Minn. R. 7560.0600 Director Review

If the person objects to the proposed civil penalty or compliance order and submits written explanations, information, or other materials in response to a notice of violation, within the time specified in part 7560.0500, the director shall review the submissions and determine whether to negotiate further, to change or withdraw the notice of violation, or to initiate a hearing under Minnesota Statutes, sections 14.50 to 14.69.

History

• Statutory Authority: MS s 14.06; 216D.08; 299F.56; 299F.60; 299F.641; 299J.04
• History: 16 SR 135; 24 SR 448

Minn. R. 7560.0700 Consent Order

An executed consent order must contain:

A. an admission by the person of the jurisdictional facts;

B. a waiver of further procedural steps and the right to seek judicial or administrative review or otherwise challenge or contest the validity of the consent order; and

C. an agreement that the notice of violation may be used to construe the terms of the consent order.

History

• Statutory Authority: MS s 14.06; 216D.08; 299F.56; 299F.641
• History: 16 SR 135

Minn. R. 7560.0800 Civil Penalties

Subpart 1. Proceedings against excavators.

When the office has good cause to believe that an excavator is engaging or has engaged in conduct that violates Minnesota Statutes, section 216D.04, subdivision 1, 2, or 3; 216D.05, clause (1), (2), (3), or (4); or 216D.06, subdivision 1, or a rule adopted under Minnesota Statutes, section 216D.08, subdivision 4, the office, if appropriate, shall negotiate a civil penalty under Minnesota Statutes, section 216D.08, subdivision 2. A penalty imposed under Minnesota Statutes, section 216D.08, is subject to the contested case and judicial review provisions of Minnesota Statutes, chapter 14. An operator who engages or has engaged in excavation that violates Minnesota Statutes, chapter 216D, is subject to the proceedings specified in subpart 2 and is subject to the penalties specified in subpart 4, item B or C.

Subp. 2. Proceedings against underground facility operators.

The office may negotiate a civil penalty under item A or B.

A. When the office has good cause to believe that an underground facility operator, other than an operator set forth in item B, is engaging or has engaged in conduct that violates Minnesota Statutes, sections 216D.01 to 216D.07, or a rule adopted under Minnesota Statutes, section 216D.08, subdivision 4, the office, if appropriate, shall negotiate a civil penalty under Minnesota Statutes, section 216D.08, subdivision 2. A penalty imposed under Minnesota Statutes, section 216D.08, is subject to the contested case and judicial review provisions of Minnesota Statutes, chapter 14.

B. When the office has good cause to believe that an operator who engages in the transportation of gas or hazardous liquids or who owns or operates a gas or hazardous liquid pipeline facility is engaging or has engaged in conduct that violates Minnesota Statutes, sections 299F.56 to 299F.641, or a rule adopted under Minnesota Statutes, section 299F.60, subdivision 5, the office, if appropriate, shall negotiate a civil penalty under Minnesota Statutes, section 299F.60, subdivision 2. A penalty imposed under Minnesota Statutes, section 299F.60, is subject to the contested case and judicial review provisions of Minnesota Statutes, chapter 14.

Subp. 3. Assessment considerations.

In assessing a civil penalty under this part, the office shall consider the following factors:

A. the nature, circumstances, and gravity of the violation;

B. the degree of the person's culpability;

C. the person's history of previous offenses;

D. the person's ability to pay;

E. good faith on the part of the person in attempting to remedy the cause of the violation;

F. the effect of the penalty on the person's ability to continue in business; and

G. past reports of damage to an underground facility by a person.

Subp. 4. Maximum penalties.

For the purposes of this part, penalties imposed under this part must not exceed the limits in items A to C.

A. Penalties imposed against excavators must not exceed $1,000 for each violation per day of violation.

B. Penalties imposed against underground facility operators, other than an operator set forth in item C, must not exceed $1,000 for each violation per day of violation.

C. Penalties imposed against an operator who engages in the transportation of gas or hazardous liquids or who owns or operates a gas or hazardous liquid pipeline facility must not exceed $10,000 for each violation for each day that the violation persists, except that the maximum civil penalty must not exceed $500,000 for a related series of violations.

Subp. 5. Payment procedure.

The person shall pay a civil penalty that has been proposed, assessed, or compromised by submitting to the office a check or money order in the correct amount, payable to the commissioner of public safety.

History

• Statutory Authority: MS s 14.06; 216D.08; 299F.56; 299F.60; 299F.641; 299J.04
• History: 16 SR 135; 24 SR 448