HomeMy WebLinkAbout6.m. MnOPS City PolicyAGENDA ITEM: MnOPS City Policy
AGENDA SECTION:
Consent
PREPARED BY: Andrew J. Brotzler, P.E., City Enginee0
k% AGE
1 t Z
ATTACHMENTS: Executive Summary from Utility
Commission Meeting; July 11, 2005
Memorandum; MnOPS Policy
APPROVED BY:
RECOMMENDED ACTION: Motion to Adopt the MnOPS Policy.
5: ROSEMOUNT
City Council Meeting: May 2, 2006
CITY COUNCIL
EXECUTIVE SUMMARY
ISSUE:
Consider adoption of a City policy to establish procedures for complying with Minnesota Rules Chapter
7560 adopted by the Minnesota Office of Pipeline Safety MnOPS) effective June 13, 2005.
BACKGROUND:
In 2005, MnOPS adopted a rule change establishing new requirements for the locating of public utilities
within public rights -of -way. This rule change requires Cities to maintain location information m a manner
to be capable of horizontally locating public utihues within nghts -of -way within 2 feet either side of the
lute. Prior to this rule change, Cities were only required to generally locate public utilities based on
available as -built information.
This matter has been reviewed with the Utility Commission on two occasions At the most recent Utility
Commission meeting, the Commission approved a motion to recommend City Council adoption of the
attached City policy. The policy outlines the background of the rules and the procedures that the City will
employ to comply with the new MnOPS rule.
At this tune, the City has acquired a survey grade GPS unit For all new service laterals installed m 2006,
the City and representatives will establish and record data during construction to accommodate the
development of GPS coordinates with as -built construction plans for all mam line connections, horizontal
deflections and termination points at rights -of -way.
SUMMARY:
Staff recommends Council adoption of the attached City policy.
G Utilities \Utility Commission Info \MnOPS POLICYCC5 -2 -06 doc
CITY OF ROSEMOUNT
POLICY TITLE: MnOPS (Minnesota Office of Pipeline Safety)
EFFECTIVE DATE: May 2, 2006
POLICY NUMBER P -5
PROPOSED BY: PUBLIC WORKS /ENGINEERING
DATE APPROVED May 2, 2006
BY CITY COUNCIL:
PURPOSE:
The purpose of this policy is to define the City of Rosemount's process and procedure for locating
and marking public utilities within public rights -of -way m accordance with Minnesota Rules Chapter
7560
BACKGROUND:
Effective June 13, 2005, Minnesota Rules Chapter 7560 adopted by the Minnesota Office of Pipeline
Safety modified the requirements for mumcipalines to locate underground utilities within pubhc
rights -of -way. For service laterals installed prior to January 1, 2006, the new rules require the
following:
1. Municipalities are requited to either locate or provide information as shown on maps,
drawings, diagrams, or other records, on the location of a sewer and water lateral.
2 If no information is available on sewer or water lateral mstalled before January 1, 2006, then
notifying the excavator that no information exists fulfills the requirements
For service laterals installed after December 31, 2005, the new rules require the following:
1. Mumcipahties are required to maintain a map, a diagram, a drawing, or geospatial
information regarding the location of its underground facilities within public rights -of -way.
2. Municipalities must install a locating wire or have an equally effective means of marking the
location of each nonconductive underground facility within public rights -of -way.
3. Municipalities must locate the portion of the service lateral within public rights -of -way
POLICY:
It is the policy of the City of Rosemount to employ appropriate procedures outlined within this
policy document to fulfill the requirements of Minnesota Rules Chapter 7560.
1 I \policy handbook mnopspohcy doc
PROCEDURE:
For the installation of service laterals installed after December 31, 2005, the City or its
representatives will complete the following
1. Collect and record data for sewer and water service laterals installed within public rights -of-
way at all main lute connections, horizontal deflections and termination at pubhc rights -of-
way as necessary to develop geospatial data
2. Maintain a geographic information system (GIS) with geospatial data of sewer and water
service lateral locations.
3. Utilize global positioning system (GPS) units or other methods deemed acceptable and
accurate to locate sewer and water service laterals within pubhc rights -of -way in accordance
with Minnesota Rules Chapter 7560.
2
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AGENDA ITEM: MnOPS City Policy
AGENDA SECTION:
New Business
PREPARED BY: Andrew J. Brotzler, P.E., City Enginee
7b. AG ENDA NO.
ATTACHMENTS: Draft Policy
APPROVED BY:
RECOMMENDED ACTION: Motion to Recommend City Council Adoption of the MnOPS
Policy.
ROSEMOUNT
UTILITY COMMISSION
Utility Commission Meeting: April 17, 2006
EXECUTIVE SUMMARY
BACKGROUND:
Effective June 13, 2005, Minnesota Rules Chapter 7560 adopted by the Minnesota Office of Pipeline
Safety, modifies the r ,equirements for mumcipahties to locate underground utilities within pubhc right -of-
way. The attached pohcy has been prepared to outhne the City's pohcy approach to address these
requirements.
At the July 2005 Commission meeting, a copy of the rules and article by League of Minnesota Cities were
provided and provides an overview of the new rules and requirements for mumcipahties. Staff will
provide an overview of the rules and the proposed policy at the meeting.
SUMMARY:
Staff recommends Commission approval of the above moron.
G \Utilmes \Guilty Como moon Info \MnOPSPohcyUC4 -17 -06 dot
CITY OF ROSEMOUNT
POLICY TITLE:
EFFECTIVE DATE:
POLICY NUMBER:
PROPOSED BY:
DATE APPROVED
BY CITY COUNCIL:
PURPOSE:
BACKGROUND:
POLICY:
PUBLIC WORKS /ENGINEERING
DRAFT
MnOPS (Minnesota Office of Pipeline Safety)
The purpose of this policy is to define the City of Rosemount's process and procedure for locating
and marking public utilities within pubhc rights -of -way m accordance with Minnesota Rules Chapter
7560.
Effective June 13, 2005, Minnesota Rules Chapter 7560 adopted by the Minnesota Office of Pipeline
Safety modified the requirements for mumcipahues to locate underground utihties within public
nghts -of -way. For service laterals installed prior to January 1, 2006, the new rules require the
following:
1. Municipahnes are required to either locate or provide mformation as shown on maps,
drawings, diagrams, or other records, on the location of a sewer and water lateral
2. If no information is available on sewer or water lateral mstalled before January 1, 2006, then
notifying the excavator that no information exists fulfills the requirements.
For service laterals installed after December 31, 2005, the new rules require the following.
1. Mumapahties are required to maintain a map, a diagram, a drawing, or geospattal
information regarding the location of its underground facilities widen pubhc rights -of -way.
2. Municipahties must install a locating wire or have an equally effective means of marking the
location of each nonconductive underground facility within pubhc nghts -of -way.
3. Municipalities must locate the portion of the service lateral withm public rights -of -way.
It is the policy of the City of Rosemount to employ appropriate procedures outlined within this
policy document to fulfill the requirements of Minnesota Rules Chapter 7560.
1 I \policy handbook \mnopspohcy doc
PROCEDURE:
For the installation of service laterals installed after December 31, 2005, the City or its
representatives will complete the following:
1. Collect and record data for sewer and water service laterals installed within pubhc rights -of-
way at all main line connections, horizontal deflections and termination at pubhc rights -of-
way as necessary to develop geospaual data.
2. Maintain a geographic information system (GIS) with geospaual data of sewer and water
service lateral locations.
3. Utilize global positioning system (GPS) units or other methods deemed acceptable and
accurate to locate sewer and water sernce laterals within public rights -of -way in accordance
with Minnesota Rules Chapter 7560.
2
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4 ROSE
MOUNT
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
To: Utility Commission Members
Mayor Droste
Jamie Verbrugge, City Administrator
From: Andrew J. Brotzler, P.E., City Engineer I
Date: July 11, 2005
Subject: New MnOPS Rules
Included in the draft 2006 Utility Budgets is the acquisition of a survey grade GPS unit
for use by City staff to meet new MnOPS requirements for locating public utility lines.
Attached for additional information on this matter is a copy of the new MnOPS rules that
went into effect June 13. Also attached is a summary of the rules prepared by the City of
Columbia Heights and a copy of a recent article from the June /July issue of the League of
Minnesota Cities publication.
The article from the League of Minnesota Cities publication does a good job of
summarizing the changes in the rules and the issues associated with City's complying
with the rules. As outlined in the draft 2006 Utility Budget summary, staff is intended to
utilize GPS technology to fulfill the requirements of the new rules to locate the City's
infrastructure.
Please do not hesitate to contact me with questions.
H \ucnemo emop, 071105 doe
04/12/05 [REVISOR RR /JC AR3501
1 Department of Public Safety
2 Adopted Permanent Rules Relating to Pipeline Safety
3 7560.0100 DEFINITIONS.
4 Subpart 1. Scope. The terms used in this chapter have the
5 meanings given them. Terms not defined in this part have the
6 meanings given them in Minnesota Statutes, section 216D.01.
7 [For text of subps la to 3, see M.R.]
8 Subp. 4. Locate. "Locate" means to- provide an operator's
9 markings of an underground facility.
10 [For text of subps 5 to 6, see M.R.]
11 Subp. 7. Meet. When used as a noun in this chapter, "meet"
12 refers to a meeting at the site of proposed excavation requested
13 at the time of notice by the excavator with all affected
14 underground facility operators to further clarify the precise
15 geographic location of excavation, schedule locating, propose
16 future contacts, and share other information concerning the
17 excavation and facilities.
18 Subp. 10. Public right -of -way. "Public right -of -way"
19 means the area on, below, or above a public roadway, highway,
20 street, cartway, bicycle lane, and sidewalk in which a
21 government unit has an interest, including other rights -of -way
22 dedicated for travel purposes and utility easements of
23 government units.
24 Subp. 12. Service lateral. "Service lateral" means an
25 underground facility that is used to transmit, distribute, or
26 furnish gas, electricity, communications, or water from a common
27 source to an end -use customer. A service lateral is also an
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1 underground facility that is used in the removal of sewage
2 wastewater from a customer's premises.
3 7560.0150 PUBLIC RIGHT -OF -WAY MAPPING AND INSTALLATION.
4 Subpart 1. Duty of operator to map. After December 31,
5 2005, an operator shall maintain a map, a diagram, a drawing, or
6 geospatial information regarding the location of its underground
7 facility within a public right -of -way installed after that date.
8 Subp. 2. Duty to install locating wire. After December
9 31, 2005, an operator shall install a locating wire or have an
10 equally effective means of marking the location of each
11 nonconductive underground facility within a public right -of -way
12 installed after that date. This requirement does not apply when
13 making minor repairs to an existing nonconductive facility. As
14 applied to this chapter, "minor repairs" means repairs to or
15 partial replacement of portions of existing service laterals
16 located within a public right -of -way for purposes of routine
17 maintenance and upkeep.
18 7560.0225 EXCAVATOR RESPONSIBILITIES REGARDING A LOCATE.
19 [For text of subps 1 and 2, see M.R.]
20 Subp. 3. Use of locate. A locate is valid for 14 days
21 from the excavation commencement time stated on the excavation
22 or location notice, unless the excavator has made previous
23 arrangements with the operators affected to periodically verify,
24 refresh, or re -mark the locate.
25 7560.0250 LOCATE STANDARDS.
26 Subpart 1. Facility locate. Unless otherwise agreed to
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1 between the excavator and operator, an operator shall locate an
2 underground facility using stakes, flags, paint, or other
3 suitable materials in varying combinations dependent upon the
4 surface. The locate must be in sufficient detail to clearly
5 identify the approximate route of the underground facility. The
6 locate must also include:
7 A. name, abbreviation, or logo of the operator when
8 more than one operator listed on the notice uses the same color
9 markings;
10 B. width of the underground facility if it is greater
11 than eight inches; and
12 C. number of underground facilities if greater than
13 one.
14 Subp. 2. Operator duties in no conflict situation. After
15 December 31, 2005, an operator who receives notice and
16 determines that an underground facility is not in conflict with
17 the proposed excavation shall complete one or more of the
18 following:
19 A. mark the area "NO" followed by the operator's
20 name, abbreviation, or logo in the color code of the underground
21 facility not in conflict;
22 H. place a clear plastic flag at the area that:
23 (1) states "N /C" or "NO CONFLICT" in lettering
24 matching the color code of the underground facility that is not
25 in conflict; and
26 (2) includes the operator's name, abbreviation,
27 or logo, the date, a contact telephone number, and the ticket
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1 number; or
2 C. contact the notification center through procedures
3 required by the notification center and indicate that there are
4 no underground facilities in conflict with the proposed
5 excavation and that no markings or flags were left at the
6 proposed excavation site.
7 Subp. 3. Placement of flags or markings. If using N/C (no
8 conflict) flags or markings pursuant to subpart 2, an operator
9 shall place the flags or markings in a location that can be
10 readily observed by an excavator. When an area of proposed
11 excavation is delineated by the use of white markings, an
12 operator shall place the N/C flags or markings within, or as
13 near as practicable to, the delineated area.
14 Subp. 4. Duties of notification center. After December
15 31, 2005, the notification center shall make the information
16 received under subpart 2 available to the excavator before the
17 start date and time on the notice. The notification center may
18 fulfill this requirement by making the information accessible
19 through one or more Internet addresses, by transmitting the
20 information to a continuously working facsimile machine
21 maintained by the excavator, or by other methodology developed
22 by the notification center. The notification center shall make
23 et- least- one attempt -to- notify- the excavator -et- the -e -mail
24 address -or- facsimile- number provided -by- the excavator -on -the
25 notice available the information received by operators pursuant
26 to this section through an electronic means. The notification
27 center is not required by this subpart to contact an excavator
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1 verbally via telephone.
2 7560.0325 EMERGENCY EXCAVATION NOTICES.
3 Subpart 1. Duty of excavator to provide notice. An
4 excavator shall provide notice to the notification center before
5 commencing an emergency excavation, unless subpart 2 applies.
6 All emergency notices, regardless whether made prior to
7 excavation, must be verbal or in a manner accepted by the
8 notification center. In addition to the information required by
9 the notification center, the notice must also contain:
10 A. a description of the situation requiring the
11 emergency excavation;
12 B. the precise location of the proposed area of the
13 emergency excavation;
14 C. at least one continuously staffed telephone number
15 where the excavator can be contacted by the operator throughout
16 the emergency; and
17 D. the excavation start date and time if the need for
18 excavation is not immediate.
19 Subp. 2. Excavating before notice. If an emergency is
20 such that providing notice or waiting for an operator would
21 result in an undue risk to life, health, or significant loss of
22 property, the excavator may excavate without providing prior
23 notice or waiting for an operator to mark an underground
24 facility. In this situation, the excavator shall provide notice
25 as soon as practicable and take all reasonable precautions to
26 avoid or minimize damage. Excavation prior to notice under this
27 subpart does not relieve an excavator from any responsibility
5
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1 for damage to an underground facility pursuant to Minnesota
2 Statutes, section 216D.05.
3 Subp. 3. Emergency notice requesting immediate response.
4 Upon receiving an emergency excavation notice requesting an
5 immediate response, an operator shall:
6 A. attempt to contact the excavator within one hour
7 at the telephone number provided in subpart 1, item C, to
8 provide any information concerning facilities at or near the
9 area of excavation including an anticipated response time; and
10 B. locate and mark the underground facility within
11 three hours of notice unless:
12 (1) otherwise agreed between the parties;
13 (2) the operator notifies the excavator that not
14 locating does not present an immediate danger to life or health,
15 or a significant loss of property; or
16 (3) there is an event or situation that cannot be
17 reasonably anticipated or controlled by the operator.
18 Subp. 4. Emergency notice requesting scheduled response.
19 Upon receiving an emergency excavation notice that does not
20 require an immediate response, and before the scheduled
21 excavation start date and time, an operator shall:
22 A. locate and mark the underground facility, unless
23 otherwise agreed between the parties; or
24 B. notify the excavator at the telephone number
25 provided in subpart 1, item C, that there is not an underground
26 facility within the area of proposed excavation.
27 For purposes of this subpart, a requested start time of
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1 three hours or less from the time notice is provided to the
2 center is considered an emergency notice requesting immediate
3 response under subpart 3.
4 7560.0350 EXCAVATION NOTICE REQUESTING MEET.
5 Subpart 1. Excavator duties. When requesting a meet
6 through the notification center, an excavator must provide at
7 least one contact name and telephone number to assist in
8 facilitating the meet. An excavator shall contact the
9 notification center to cancel or reschedule the meet and the
10 notification center shall relay this information to the affected
11 operators. When a meet is requested, an excavator's notice must
12 include the entire geographic area of the proposed excavation
13 and the specific location of the meet. This part does not
14 relieve an excavator from the duty to provide a precise
15 geographic location of the proposed area of excavation, or to
16 use white markings except where it can be shown that to do so is
17 not practical.
18 Subp. 2. Operator duties. When a meet is requested, an
19 affected operator shall make a reasonable effort to attend the
20 meet at the proposed date and time, or contact the excavator
21 before the meet and reschedule for a mutually agreed date and
22 time.
23 Subp. 3. Excavation start date and time. When a meet is
24 requested, the meet date and time must be at least 48 hours
25 after notice is provided, excluding Saturdays, Sundays, and
26 holidays, and the excavation start date and time must be at
27 least 24 hours after the proposed meet date and time specified
7
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1 on the notice, excluding Saturdays, Sundays, and holidays. This
2 subpart does not apply if these matters are provided for in a
3 written agreement with all affected operators.
4 Subp. 4. Meet request documentation. An excavator shall
5 maintain written documentation of each meet with an underground
6 facility operator or representative. This documentation must be
7 kept for the duration of the excavation conducted under the
8 notice. The documentation must include:
9
A. the date and time of each meet;
10 B. the names, company affiliations, and contact
11 information of the attendees of each meet;
12 C. a diagram, sketch, or description of the precise
13 excavation locations, dates, and times; and
14 D. the agreed schedule of any future meets or
15 communications.
16 7560.0375 LOCATING A SERVICE LATERAL.
17 Subpart 1. Operator duties. Unless otherwise agreed, an
18 underground facility operator shall locate a service lateral
19 before the start date and time on the notice and in accordance
20 with items A through C:
21 A. An operator of a natural gas, propane, or electric
22 facility shall locate a service lateral up to the meter or the
23 connection to a customer's underground facility, whichever is
24 closer to the end -use customer. If the meter or connection to
25 the customer's underground facility is within a public
26 right -of -way, at a minimum the operator shall locate that
27 portion of the service lateral within the public right -of -way 22
8
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1 to the point where the service lateral first leaves the public
2 right -of -way.
3 B. An operator of a communication facility shall
4 locate a service lateral up to the entry of the first building.
5 If the service lateral does not enter a building, the operator
6 shall locate up to the utilization equipment, fence, or wall
7 that surrounds the equipment.
8 C. After December 31, 2005, an operator of a sewage
9 or water facility, at a minimum, shall locate that portion of
10 the service lateral within a public right -of -way installed after
11 that date up to the point where the service lateral first leaves
12 the public right -of -way. The operator shall either locate or
13 provide information as shown on maps, drawings, diagrams, or
14 other records, on the location of a sewer or water service
15 lateral installed before January 1, 2006. If no information is
16 available on a sewer or water service lateral installed before
17 January 1, 2006, then notifying the excavator that no
18 information exists fulfills the requirements of this section.
19 subp. 2. Exception. An operator is not required to locate
20 a service lateral of a customer who currently participates in
21 the statewide notification system, provided the customer is
22 notified -in- writing -ef- the- daty- to- locate- the- aerviee
23 iaterai and operator mutually agree that the customer will
24 assume locate responsibilities. The agreement must be in
25 writing.
26 RENUMBERING INSTRUCTION. Minnesota Rules, part 7560.0100,
27 subpart 5 is renumbered as subpart 8; subpart 5a as subpart 9;
9
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216D ONE CALL EXCAVATION NOTICE SYSTEM REQUIREMENTS
Reference: Minnesota Statutes 2004, Chapter 216D and Minnesota Rules 2005, Chapter 7560.
(The Statute and Rules are not included in their entirety.)
DUTIES AS A SURVEYOR
2161101 DEFINITIONS.
Subd. lb. Boundary survey. `Boundary survey" means a survey made to establish or to
reestablish a boundary line on the ground or to obtain data for prepanng a map or plat
showing boundary lines.
2161104 EXCAVATION: LAND SURVEY.
Subd. 1. Notice required; contents.
(a) Except in an emergency, an excavator shall and a land surveyor may contact the
notification center and provide notice at least 48 hours, excluding Saturdays, Sundays,
and holidays and not more than 14 calendar days before beginning any excavation or
boundary survey. An excavation or boundary survey begins, for purposes of this
requirement, the first time excavation or a boundary survey occurs in an area that was not
previously identified by the excavator or land surveyor in the notice.
(b) The notice may be oral or written, and must contain the following information:
(1) the name of the individual providing the notice;
(2) the precise location of the proposed area of excavation or survey;
(3) the name, address, and telephone number of the individual or individual's
company;
(4) the field telephone number if one is available;
(5) the type and extent of the activity;
(6) whether or not the discharge of explosives is anticipated;
(7) the date and time when the excavation or survey is to commence; and
(8) the estimated duration of the activity.
Subd. la. Plans for excavation.
(a) Any person prior to soliciting bids or entering into a contract for excavation, shall
provide a proposed notice to the notification center to obtain from the affected
operators of underground facilities the type, size, and general location of underground
facilities. Affected operators shall provide the information within 15 working days.
An operator who provides information to a person who is not a unit of government
may indicate any portions of the information which are proprietary and may require
the person to provide appropnate confidentiality protection. The information
obtained from affected operators must be submitted on the final drawing used for the
bid or contract and must depict the utility quality level of that information. This
information must be updated not more than 90 days before completion of the fmal
drawing used for the bid or contract.
Prepared by and for City of Columbia Heights Page 1 of 12 (7/2005)
216D ONE CALL EXCAVATION NOTICE SYSTEM REQUIREMENTS
Reference: Minnesota Statutes 2004, Chapter 216D and Minnesota Rules 2005, Chapter 7560.
(The Statute and Rules are not included in their entirety.)
DUTIES AS A SURVEYOR (continued)
Subd. 4.
Locating underground facility; excavator or land surveyor.
(a) The excavator or land surveyor shall determine the precise location of the
underground facility, without damage, before excavating within two feet on either
side of the marked location of the underground facility.
(b) If the excavator or land surveyor cancels the excavation or boundary survey, the
excavator or land surveyor shall cancel the notice through the notification center.
(c) The notice is valid for 14 calendar days from the start time stated on the notice. If the
activity will continue after the expiration time, then the person responsible for the
activity shall serve an additional notice at Least 48 hours, excluding Saturdays,
Sundays, and holidays, before the expiration time of the original notice, unless the
excavator makes arrangements with the operators affected to periodically verify or
refresh the marks, in which case the notice is valid for six months from the start time
stated on the notice.
Prepared by and for City of Columbia Heights Page 2 of 12 (7/2005)
216D ONE CALL EXCAVATION NOTICE SYSTEM REQUIREMENTS
Reference Minnesota Statutes 2004, Chapter 216D and Minnesota Rules 2005, Chapter 7560.
(The Statute and Rules are not included in their entirety.)
DUTIES AS A DESIGNER
216D.01 DEFINITIONS.
Subd. 12. Utility quality level. "Utility quality level" means a professional opinion about the
quality and reliability of utihty information There are four levels of utility quality
information ranging from the most precise and reliable, level A, to the Least precise and
reliable, level D. The utility quality level must be determined in accordance with
guidelines established by the Construction Institute of the Amencan Society of Civil
Engineers in document Cl/ASCE 38 -02 entitled "Standard Guidelines for the Collection
and Depiction of Existing Subsurface Utility Data."
216D.04 EXCAVATION; LAND SURVEY.
Subd. 1a. Plans for excavation.
(a) Any person pnor to soliciting bids or entering into a contract for excavation, shall
provide a proposed notice to the notification center to obtain from the affected
operators of underground facilities the type, size, and general location of underground
facilities. Affected operators shall provide the information within 15 working days.
An operator who provides information to a person who is not a unit of government
may indicate any portions of the information which are proprietary and may require
the person to provide appropnate confidentiality protection. The information
obtained from affected operators must be submitted on the final drawing used for the
bid or contract and must depict the utility quality level of that information. This
information must be updated not more than 90 days before completion of the final
drawing used for the bid or contract.
(b) This subdivision does not apply to bid and contracts for:
(1) routine maintenance of underground facilities or installation, maintenance, or
repair of service lines;
(2) excavation for operator of underground facilities performed on a unit of work
or similar basis; or
(3) excavation for home construction and projects by home owners.
(c) A person required by this section to show existing underground facilities on its
drawings shall conduct one or more preliminary design meeting dunng the design
phase to communicate the project design and coordinate utility relocation. Affected
facility operators shall attend these meetings or make other arrangement to provide
information.
(d) A person required by this section to show existing underground facilities on its
drawings shall conduct one or more preconstruction meetings to communicate the
project design and coordinate utility relocation. Affected facility operators and
contractors shall attend these meetings or make other arrangements to provide
information.
(e) This subdivision does not affect the obligation to provide a notice of excavation as
required under subdivision 1.
Prepared by and for City of Columbia Heights
Page 3of12
(7/2005)
216D ONE CALL EXCAVATION NOTICE SYSTEM REQUIREMENTS
Reference Minnesota Statutes 2004, Chapter 216D and Minnesota Rules 2005, Chapter 7560.
(The Statute and Rules are not included in their entirety.)
DUTIES AS AN OPERATOR
Rule 7560.0100 DEFINITIONS.
Subp 4. Locate. "Locate" means an operator's markings of an underground facility.
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 govemment
unit has an interest, including other rights -of -way dedicated for travel purposes and utility
easements of government units.
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.
216D 04 EXCAVATION; LAND SURVEY.
Subd. la. Plans for excavation.
(a) Any person prior to soliciting bids or entering into a contract for excavation, shall
provide a proposed notice to the notification center to obtain from the affected
operators of underground facilities the type, size, and general location of underground
facilities Affected operators shall provide the information within 15 working days.
An operator who provides information to a person who is not a unit of government
may indicate any portions of the information which are proprietary and may require
the person to provide appropriate confidentiality protection. The information
obtained from affected operators must be submitted on the final drawing used for the
bid or contract and must depict the utility quality level of that information. This
information must be updated not more than 90 days before completion of the final
drawing used for the bid or contract.
Subd. 3.
Locating underground facility; operator.
(a) Prior to the excavation start time on the notice, an operator shall locate and mark or
otherwise provide the approximate horizontal location of the underground facilities of
the operator and provide readily available information regarding the operator's
abandoned and out -of- service underground facilities as shown on maps, drawings,
diagrams, or other records used in the operator's normal course of business, without
cost to the excavator. The excavator shall determine the precise location of the
underground facility, without damage, before excavating within two feet of the
marked location of the underground facility
(b) Within 96 hours or the time specified in the notice, whichever is later, after receiving
a notice for boundary survey from the notification center, excluding Saturdays,
Sundays, and holidays, unless otherwise agreed to between the land surveyor and
operator, an operator shall locate and mark or otherwise provide the approximate
horizontal location of the underground facilities of the operator, without cost to the
land surveyor.
Prepared by and for City of Columbia Heights Page 4 of 12 (7/2005)
216D ONE CALL EXCAVATION NOTICE SYSTEM REQUIREMENTS
Reference. Minnesota Statutes 2004, Chapter 216D and Minnesota Rules 2005, Chapter 7560.
(The Statute and Rules are not included in their entirety.)
DUTIES AS AN OPERATOR (continued)
(c) For the purpose of this section, the approximate horizontal location of the
underground facilities is a strip of land two feet on either side of the underground
facilities.
(d) Markers used to designate the approximate location of underground facilities must
follow the current color code standard used by the American Public Works
Association
(e) If the operator cannot complete marking of the excavation or boundary survey area
before the excavation or boundary survey start time stated in the notice, the operator
shall promptly contact the excavator or land surveyor
(f) After December 31, 1998, operators shall maintain maps, drawings, diagrams, or
other records of underground facility abandoned or out -of- service after December 31,
1998.
(g) An operator or other person providing information pursuant to this subdivision is not
responsible to any person, for any costs, claims, or damages for information provided
in good faith regarding abandoned, out -of- service, or pnvate or customer -owned
underground facilities.
Rule 7560.0125 ABANDONED AND OUT -OF- SERVICE FACILITIES.
Subp. 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 on 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. 3. Verification of abandoned or out -of- service facility. Upon receipt of notification by an
excavator pursuant to subpart 2, an operator shall venfy 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.
Prepared by and for City of Columbia Heights Page 5 of 12 (7/2005)
216D ONE CALL EXCAVATION NOTICE SYSTEM REQUIREMENTS
Reference: Minnesota Statutes 2004, Chapter 2I6D and Minnesota Rules 2005, Chapter 7560.
(The Statute and Rules are not included in their entirety.)
DUTIES AS AN OPERATOR (continued)
Rule 7560.0150 PUBLIC RIGHT -OF -WAY MAPPLNG AND INSTALLATION.
Subp. 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 exiting service laterals located within a public right -of -way for
purposes of routine maintenance and upkeep.
Rule 7560.0250 LOCATE STANDARDS.
Subp. 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.
Prepared by and for City of Columbia Heights
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
(1) states "N /C" or "NO CONFLICT" in lettering matching the color code of
the underground facility that is not in conflict; and
(2) includes the operator's name, abbreviation, or logo, the date, a contact
telephone number, and the ticket number; or
C. contact the notification center through procedures required by the notification
center ad mdicate 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.
Page 6 of 12 (7/2005)
2161) ONE CALL EXCAVATION NOTICE SYSTEM REQUIREMENTS
Reference. Minnesota Statutes 2004, Chapter 216D and Minnesota Rules 2005, Chapter 7560.
(The Statute and Rules are not included in their entirety.)
DUTIES AS AN OPERATOR (continued)
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 the 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.
Rule 7560.0325 EMERGENCY EXCAVATION NOTICES.
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 infouuation 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:
(1) otherwise agreed between the parties,
(2) the operator notifies the excavator that not locating does not present an
immediate danger to life or health, or a significant loss of property; or
(3) there is an event or situation that cannot be reasonably anticipated or
controlled by the operator.
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.
Rule 7560.0350 EXCAVATION NOTICE REQUESTING MEET
Subp. 2.
Subp. 3.
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.
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.
Prepared by and for City of Columbia Heights Page 7 of 12 (7/2005)
216D ONE CALL EXCAVATION NOTICE SYSTEM REQUIREMENTS
Reference: Minnesota Statutes 2004, Chapter 216D and Minnesota Rules 2005, Chapter 7560.
(The Statute and Rules are not included in their entirety.)
DUTIES AS AN OPERATOR (continued)
Rule 7560.0375 LOCATING A SERVICE LATERAL.
Subp. 1. Operator duties. unless otherwise agreed, an underground facility operator shall locate
a service lateral before the start date and tune on the notice and in accordance with items
A through C
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 nght -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 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 wntmg.
Prepared by and for City of Columbia Heights
Page 8 of 12 (7/2005)
216D ONE CALL EXCAVATION NOTICE SYSTEM REQUIREMENTS
Reference: Minnesota Statutes 2004, Chapter 216D and Minnesota Rules 2005, Chapter 7560.
(The Statute and Rules are not included in their entirety.)
DUTIES AS AN EXCAVATOR
216D.01 DEFINITIONS.
Subd 2. Damage. "Damage" means:
(1) the substantial weakening of structural or lateral support of an underground
facility;
(2) penetration, impairment, or destruction of any underground protective coating,
housing, or other protective device; or
(3) impact with or the partial or complete severance of an underground facility to the
extent that the facility operator determines that repairs are required.
Subd. 3. Emergency. "Emergency" means a condition that poses a clear and immediate danger to
life or health, or a significant loss of property.
2161104 EXCAVATION: LAND SURVEY.
Subd. 1. Notice required; contents.
(a) Except in an emergency, an excavator shall and a land surveyor may contact the
notification center and provide notice at least 48 hours, excluding Saturdays, Sundays,
and holidays and not more than 14 calendar days before beginning any excavation or
boundary survey. An excavation or boundary survey begins, for purposes of this
requirement, the first time excavation or a boundary survey occurs in an area that was not
previously identified by the excavator or land surveyor in the notice.
(b) The notice may be oral or written, and must contain the following information:
(1) the name of the individual providing the notice;
(2) the precise location of the proposed area of excavation or survey;
(3) the name, address, and telephone number of the individual or individual's
company;
(4) the field telephone number if one is available;
(5) the type and extent of the activity;
(6) whether or not the discharge of explosives is anticipated;
(7) the date and time when the excavation or survey is to commence, and
(8) the estimated duration of the activity.
Rule 7560.0225 EXCAVATOR RESPONSIBILITIES REGARDING A LOCATE.
Subp. 2.
Subp. 3.
Prepared by and for City of Columbia Heights
Responsibility to protect and preserve. The excavator is responsible for reasonably
protecting and preserving a locate until not 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.
Use of locate. A locate is valid for 14 days from 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.
Page 9 of 12 (7/2005)
216D ONE CALL EXCAVATION NOTICE SYSTEM REQUIREMENTS
Reference Minnesota Statutes 2004, Chapter 216D and Minnesota Rules 2005, Chapter 7560.
(The Statute and Rules are not included in their entirety.)
DUTIES AS AN EXCAVATOR (continued)
Rule 7560.0325 EMERGENCY EXCAVATION NOTICES.
Subp. 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, the notice must also contain:
Subp. 3.
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.
Rule 7560.0350 EXCAVATION NOTICE REQUESTING MEET.
Subp. 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.
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 wntten agreement with all
affected operators.
Prepared by and for City of Columbia Heights Page 10 of 12 (7/2005)
216D ONE CALL EXCAVATION NOTICE SYSTEM REQUIREMENTS
Reference: Minnesota Statutes 2004, Chapter 216D and Minnesota Rules 2005, Chapter 7560.
(The Statute and Rules are not included in their entirety.)
DUTIES AS AN EXCAVATOR (continued)
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.
216D.04 EXCAVATION; LAND SURVEY.
Subd. 4
Locating underground facility; excavator or land surveyor.
(a) The excavator or land surveyor shall determine the precise location of the
underground facility, without damage, before excavating within two feet on either
side of the marked location of the underground facility
(b) If the excavator or land surveyor cancels the excavation or boundary survey, the
excavator or land surveyor shall cancel the notice through the notification center.
(c) The notice is valid for 14 calendar days from the start time stated on the notice. If the
activity will continue after the expiration time, then the person responsible for the
activity shall serve an additional notice at least 48 hours, excluding Saturdays,
Sundays, and holidays, before the expiration time of the original notice, unless the
excavator makes arrangements with the operators affected to periodically verify or
refresh the marks, in which case the notice is valid for six months from the start time
stated on the notice.
(d) The excavator is responsible for reasonably protecting and preserving the marks until
no longer required for proper and safe excavation near the underground facility. If
the excavator has reason to believe the marks are obliterated, obscured, missing, or
incorrect, the excavator shall notify the facility operator or notification center in order
to have an operator verify or refresh the marks.
216D.05 PRECAUTIONS TO AVOID DAMAGE.
An excavator shall:
(1) plan the excavation to avoid damage to and minimize interference with underground facilities
in and near the construction area;
(2) use white markings for proposed excavations except where it can be shown that it is not
practical;
(3) maintain a clearance between an underground facility and the cutting edge or point of any
mechanized equipment, considering the known limit of control or the cutting edge or point to
avoid damage to the facility;
(4) provide support for underground facilities in and near the construction area, including during
backfill operations, to protect the facilities; and
(5) conduct the excavation in a careful and prudent manner.
Prepared by and for City of' Columbia Heights Page 11 of 12 (7/2005)
216D ONE CALL EXCAVATION NOTICE SYSTEM REQUIREMENTS
Reference: Minnesota Statutes 2004, Chapter 216D and Minnesota Rules 2005, Chapter 7560.
(The Statute and Rules are not included in their entirety
DUTIES AS AN EXCAVATOR (continued)
Rule 7560.0125 ABANDONED AND OUT-OF-SERVICE FACILITIES.
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.
216D.06 DAMAGE TO FACILITY
Subd. 1. Notice; repair.
(a) If any damage occurs to an underground facility or its protective covering, the
excavator shall notify the operator promptly. When the operator received a damage
notice, the operator shall promptly dispatch personnel to the damage area to
investigate. If the damage results in the escape of any flammable, toxic, or corrosive
gas or liquid or endangers life, health, or property, the excavator responsible shall
immediately notify the operator and the 911 public safety answering point, as defined
in section 403.02, subdivision 19, and take immediate action to protect the public and
property The excavator shall also attempt to minimize the hazard until arrival of the
operator's personnel or until emergency responders have arrived and completed their
assessment. The 911 public safety answering point shall maintain a response plan for
notifications generated by this session.
(b) An excavator shall delay backfilhng in the immediate area of the damaged
underground facilities until the damage has been investigated by the operator, unless
the operator authorizes otherwise The repair of damage must be performed by the
operator or by qualified personnel authonzed by the operator.
(c) An excavator who knowingly damages any underground facility, and who does not
notify the operator as soon as reasonably possible or who backfills in violation of
paragraph (b), is guilty of a misdemeanor.
Prepared by and for City of Columbia Heights Page 12 of 12
/7nnnG\_
6
11 cities with water and sewer
facilities are directly affected
by new state pipeline safety
rules that went into effect
June 13.The rules promulgated
by the Minnesota Office of
Pipeline Safety (MnOPS)
impose a significant new duty
on cities to provide information about
the location of private water and sewer
laterals located within public rights -of-
way In particular, the rules impose new
obligations depending on when the
facilities were or are to be installed.
Installations: Pre -Jan. 1, 2006
For service laterals installed before Jan.1,
2006, the rules require the city to
"either locate or provide information
as shown on maps. drawings, diagrams,
or ocher records on the location of a
sewer and water lateral "The rules also
state that "lilt no information is avail-
able on a sewer or water lateral installed
before Jan 1, 2006 then notifying the
excavator chat no information exists
fulfills the requirements of this section;'
The obligation of the city to locate
or provide information noted in the rule
quoted above must be carried out when
responding to requests for locates that
the city receives from Gopher State One
Call (GSOC) beginning Jan 1, 2006,
Installations: Post -Dec. 31, 2005
For service laterals installed after Dec.31,
2005, the new rules impose a three -part
obligation First, cures are required to
"maintain a map, a diagram, a drawing,
or geospatial information regarding the
location of its underground facilities
within a public right -of -way Second,
cities must "install a locating wire or
H O T TOPICS F O R M I N N E S O T A C I T I E S
New Utility Marking Rule
The Minnesota Office of Pipeline Safety has adopted a new rule requiring cities
to locate and mark private sewer and water service laterals. The rule imposes
new city obligations depending on when the facilities were or are to be installed.
By Tom Grundhoefer and Ann Higgins
have an equally effective means of
marking the location of each noncon-
ductive underground facility within a
public right -of -way installed after that
date" Third, cities must begin locating
"die portion of the service lateral
within the public right -of -way"
On April 1, the Office ofAdnun-
istraove Hearings found that these
rules are reasonable and that cities are
expected to fully comply with what the
League of Minnesota Cities views as
some of the most far reaching changes
to pipeline safety regulation in at least
two decades
The new rules announced in the
June 6 issue of the State Register amend
Minn Rules chapter 7560. MnOPS
proposed the rule changes as parr of a
"continuing effort to increase public
safety?' In Ivlinnesota, a rule is generally
found to be reasonable if it is related
rationally to the end sought to be
achieved by the governing statute (in
this case, the Minnesota One -Call
Excavation Notification System law,
chapter 216D) The rule directly affects
excavators, underground facility opera-
MINNESOTA C I T I E S
tors (including cities and utilities), and
the GSOC Center
The rulemaking was controversial
and one which the League —along with
the Minnesota Municipal Utilities
Association (MMUA), the Minnesota
Public Works Association, the City
Engineers Association of Minnesota,
the Minnesota Water Utility Council,
the Minnesota Wastewater Treatment
Operators Association, and the Suburban
Rate Authority— argued for modifica-
tions to address serious shortcomings
in the new requirements proposed by
MnOPS Cities urged the Office of
Administrative Hearings to consider
several issues, including who actually
owns the facilities, who is responsible
for the facilities, and whether MnOPS
went beyond its statutory authority in
attempting to regulate the locating/
marking of such facilities.
MnOPS argued that cores would
bear no costs under the nest require-
ments because installation of service
laterals in a public right -of -way is han-
dled by and paid for by the installing
contractor or by the property owner.
MnOPS also concluded that tines
should maintain information on the
location of service laterals installed after
2005 because most local governments
already regulate public rights -of -way
within their Jurisdictions through con-
nection fees and a permit process
During lengthy rules advisory com-
nuttee deliberations and a hearing
before an administrative law Judge, the
League, MMUA, and other organiza-
tions expressed concern that providing
locate information on service laterals
increases the risk of costly litigation
JUNE -JULY 2005
because some of the existing location
data on which cities rely may be faulty
MnOPS reasoned that local governments
have sufficient indemnification under
current statutes
Perhaps the most controversial
requirement of the new rules was the
proposal requiring operators to install
a locating wire (or have an equally
effective means of marking) to locate
nonconductive underground facilities
installed within a public right -of -way
The League and other municipal inter-
ests argued that the use of locating wire
is inherently unreliable
MnOPS reasoned that cities have
the right to require installers to inform
them about, and provide information
on, new service laterals Installed and
connected to the city's water and sewer
lac lines. MnOPS argued, therefore, that
it is logical and reasonable to assume
cities, as operators, can require installers
to provide the necessary information
for both cities and municipal utilities to
maintain sufficient information on such
laterals for future locate purposes
MnOPS declined cities' and munici-
pal utilities' suggestion of initiating a
pilot project or study before imposing
the requirement to locate nonconductive
facilities. Cities said the requirement
to install tracer wire or other means of
locating sewer laterals was unreasonable
because current technology often does
not work, is not accurate, and locating
wires are unreliable when used at the
depths which water and sewer laterals
are found in Minnesota. Cities also asked
for a standard, statewide locating -wire
installation standard These concerns
were dsimssed
MnOPS also rejected a recommen-
dation by private utility contractors that
the rule be expanded to include the
entire length of the service lateral, from
the water or sewer main to the build-
ing The recommendation was rejected
because "the Department's Jurisdictional
authority may be brought into question
with respect to codes, such as the
Building Code"
MnOPS acknowledged no current
technology is 100 percent accurate, but
that locating wire. as a minimum stan-
dard, was reasonable
The Minnesota Rural Electric Associ-
ation (MREA) also opposed any service
lateral locating and marking by electric
utilities, because they do not own,
install or maintain the lines beyond the
meter The response from MnOPS was
similar to the one it made to cities
primary locating responsibility needed
to be placed on the entity in the best
position to maintain records and locate
underground facilities. the operators.
Recommendations
To meet the new obligations, cities must
develop a system to manage those
installing facilities in the right -of -way
Some cities have already done this
through use of a right -of -way manage-
ment ordinance For other cities, this
will require adopting new local regu-
lations At the very least, every city
with water and sewer facilities needs
to establish a right -of -way excavation
permit process that meets its needs.
At a minimum, such an ordinance
should require notice to the city, a city
approval process, and a requirement
mandating the installers provide the city
with required information on the loca-
non of the facilities they have installed
Ideally, cities would receive accurate as-
built maps or records of the type used
by the city.
The city must develop a system to
respond to excavators that will request
information about the location of
pre Jan. 1, 2006, installations through
GSOC The city is only required to
provide the best available information
Some cities, however, may want to
embark on a city-wide mapping effort
in order to meet this obligation Other
cities may only need to make their
records, or copies of their records, more
easily accessible.
For installations occurring after
Dec. 31, 2005, the city must develop
methods to ensure sewer and water
laterals are Iocatable.The city could
choose to do this is in one of several
ways
Imposing requirements on the
installer. For example, before the city
approves a sewer or water connection,
the city could rightfully require that
the installer provide the city precise
location coordinates, perhaps through
construction grade as -built drawings.
Ensuring the requirement to make
facilities locatable is an explicit term
of every development agreement To
ensure this practice occurs, the city
will need to develop an inspection
program
Consider contracting with a private
locating firm and make sure that
every new installation is inspected,
mapped, and located by the firm
The ctry must provide the means to
develop a system for maintaining, stor-
ing, and retrieving information about
the location of the newly installed
facilities (those installed after Dec 31,
2005, e g tie card system, GIS infor-
mation, CAD maps, etc
The city itself must begin locating
and marking these newly- installed facil-
ities after Dec 31, 2005. which may
require training of existing staff or con-
tracting with a private firm
The city may want to consider
developing more stringent requirements
for firms and contractors undertaking
trenchless excavation in the right -of-
way For instance, at a minimum the
city should.
Require an excavation pernut Just
hke other street excavations.
Enforce the Minn Stat Sec 216D
requirement that excavators "pot-
hole" when crossing marked sewer
and water laterals
is Report excavators that are not appro-
priately "pot holing" to MnOPS.
The city should document and retain
records of these reports.
Consider requirements that prohibit
trenchless excavations more than four
feet below grade without specific
perrrusston from the city
Conclusion
All cities must focus serious attention
to the new rules While the rules con-
stitute a significant unfunded mandate,
cities should exercise their authority
to pass along many of the costs as part
of an excavation permit process Cities
should also seriously consider increased
regulation of trenchless excavators, since
this type of installation would likely be
the cause of hits to municipal facilities r
Tom Grundhoefer is legal counsel of the
League ofMinnesota Cities. Phone (651)
281 -1266 E -mail tgrundho @lmnc org
.Ann awns u Intergovernmental relations
representative with the League of Minnesota
Clues Phone (651) 281 -1257 E mail.
ahiggins @lmnc.org.
JUNE -JULY 2005 MINNESOTA CITIES 7