(a)
The
following provisions apply solely to natural gas transmission pipelines
30 inches or larger interior diameter, built on or after the date
of final passage of this article ("Natural Gas Transmission Pipelines"
or "Pipelines") and any entities that may operate such pipelines shall
be identified herein as "pipeline operators."
(b)
As determined
in the sole, but reasonable discretion of the city, natural gas transmission
pipelines shall be located so that they do not interfere with or damage
existing utilities, including, but not limited to, water, sewer, or
gas lines, storm drains, electric lines or the facilities of any public
utilities located in public rights-of-way, utility easements, municipal
utility easements or other city-owned property or in private residential
areas.
(d)
The
pipeline operator shall be responsible to grade, level and restore
the property affected by pipeline construction to the same surface
condition, as nearly practicable, as existed before operations were
first commenced within 30 days after completion of the pipeline.
(e)
The
city has control of roadways and facilities and/or lines existing
within public rights-of-way, utility easements or on/under city owned
property within the city, whether current or planned and the pipeline
operator shall, unless pre-empted by state or federal law, design
and build all natural gas transmission pipelines that will be on,
over, under, along, across, within, or crossing public roads and/or
all facilities and/or lines existing within the public rights-of-way,
utility easements or on/under city owned property within the city
limits shall be a minimum depth of 13 feet from top of pipe to surface,
irrespective of the angle such pipeline crosses such roads and/or
all facilities and/or other lines existing within such rights-of-way,
utility easements or on/under city owned property. "Planned roadways"
include but are not limited to roads shown on approved preliminary
plats, approved final plats, roads shown on CAMPO maps and any roadways
shown on the City of Kyle's Comprehensive Plan and/or Transportation
Plan. Planned roadways may include corridors. "Planned infrastructure"
includes but is not limited to water/wastewater/stormwater lines shown
on approved preliminary plats, approved final plats, shown on the
City of Kyle's Comprehensive Plan, Master Plans, and/or Capital Improvement
Plan.
(f)
At least
60 days prior to finalization of any natural gas transmission pipeline
construction plans, the pipeline operator and/or contractor shall
provide the city with the construction plans for all pipeline construction
within the city to ensure that all current and future planned roadways
have the pipeline designed to the above-referenced depth.
(g)
At least
ten days prior to the commencement of any pipeline construction, the
pipeline operator shall give written mailed notice to all residents,
tenants and property owners that are located adjacent to the proposed
pipeline. The mailing shall include the pipeline operator's publication
on natural gas transmission pipeline safety.
(h)
At the
time the required natural gas transmission pipeline records are submitted
to the Railroad Commission of Texas, the pipeline operator shall provide
the city the following information, including GPS information sufficient
to locate the pipelines in the future, including the beginning and
end points of the pipeline and sufficient points in between the pipeline
route and the depth of cover information. This information shall be
submitted to the city in a format compatible with the city's own GIS
system.
(1)
As-built
or record drawings of the natural gas transmission pipelines. Accuracy
of the record drawings shall meet the city requirements as established
by the city engineer. The scale of the record drawings shall be a
minimum of one inch to 40 feet. The drawings shall also be supplied
in a DFF digital file format with the location tied to at least one
nearby GPS (global positioning system) city monument. If the new pipeline
length exceeds 1,000 feet within the city, the pipeline shall be tied
to at least two GPS city monuments;
(2)
The
origin point and the destination of the natural gas transmission pipeline;
(3)
Confirmation
of the substance to be transported;
(4)
A
copy of the substance material safety data sheet (MSDS);
(5)
Engineering
plans, drawings and/or maps with summarized specifications showing
the horizontal location, covering depths and location of shutoff valves
of the subject natural gas transmission pipeline. Drawings shall show
the location of other pipelines and utilities that are crossed or
paralleled within 15 feet of the natural gas transmission pipeline
right-of-way;
(6)
Detailed
cross-section drawings for all public rights-of-way and utility easement
crossings on city property as permitted by the city; and
(7)
A
list of the names and mailing addresses of all the property owners,
residents and tenants adjacent to the natural gas transmission pipeline
construction.
(i)
At the
time of permitting and each year thereafter that the natural gas transmission
pipeline remains active, each pipeline operator shall provide to the
fire marshal and the chief of police the names, mailing addresses
and telephone numbers of at least two primary persons, officers or
contacts available on a 24-hour basis and at least two alternative
persons, officers or contacts to be reached in the event that the
primary contacts are unavailable who:
(1)
Can
initiate appropriate actions to respond to an emergency;
(2)
Have
access to information on the location of the closest shutoff valve
to any specific point in the city; and
(3)
Can
furnish the common name of the material then being carried by the
pipeline.
Any change in the above information must be provided to the
city by contacting the city engineer prior to such change.
(j)
Each
pipeline operator shall file a copy of all initial or follow-up reports
provided to the U.S. Department of Transportation or the Railroad
Commission of Texas on unsafe pipeline conditions, pipeline emergencies
or pipeline incidents within the city concurrently with the city.
In addition, such pipeline operator shall file any initial or follow-up
reports filed with state and federal environmental regulatory agencies
pertaining to natural gas transmission pipeline releases within the
city concurrently with the city.
(Ordinance 1041, § 1(Exh.
A), adopted 7/2/2019; Ordinance 1055, § 2(Exh. A), adopted 9/9/2019; Ordinance 1091, § 2(Exh. A), 4/21/2020; Ordinance 1136, § 2(Exh. A), adopted 2/23/2021)
(a)
In this
section:
(1)
Hazardous
pipeline means a pipeline designed for the transmission of a hazardous
liquid with an inside diameter of eight inches or more.
(2)
Hazardous
liquid means a liquid that is dangerous to human health or safety
or the environment if used incorrectly or if not properly stored or
contained. Pipeline safety regulations identify petroleum, petroleum
products, or anhydrous ammonia as hazardous liquids. (Reference 49
CFR 195.2.)
(3)
Natural
gas means natural gas, the principal constituent of which is methane.
For purposes of this article, natural gas is not a hazardous liquid.
(4)
Transmission
pipeline means large lines (greater than 30 inches interior diameter)
that move natural gas long distances around the country, often at
high pressures (typically 200—1500 psi)
(5)
New
construction means the construction after August 31, 2019, of a building
intended for human occupancy and includes the construction of a new
building, the construction of an addition to an existing building
and the reconstruction of a portion of an existing building. The term
excludes an addition to or the reconstruction or replacement of a
building existing on August 31, 2019, used for:
a.
Single-family
residential use;
b.
Small
lot single-family residential use;
c.
Single-family
attached residential use;
d.
Duplex
residential use;
e.
Two-family
residential use;
f.
Mobile
home residential use; or
g.
In
a neighborhood plan combining district:
h.
Cottage
special use;
i.
Urban
home special use; or
j.
Secondary
apartment special use.
(6)
Restricted
pipeline area includes an area within 25 feet of a hazardous pipeline
or within 200 feet of a natural gas transmission pipeline.
(7)
Use
requiring evacuation assistance includes the following uses:
a.
Congregate
living;
b.
Convalescent
services;
c.
Detention
facilities;
d.
Day
care services (commercial);
e.
Hospital
(general);
f.
Hospital
(limited);
g.
Medical
offices exceeding 5,000 square feet of gross floor area;
h.
Private
primary educational facilities;
i.
Private
secondary educational facilities;
j.
Public
primary educational facilities;
k.
Public
secondary educational facilities; and
l.
Retirement
housing (large site).
(b)
Areas
involving a use requiring evacuation assistance.
(1)
Subject to subsection (b) below, a use requiring evacuation assistance is prohibited in a building intended for human occupancy that is located within 500 feet of a hazardous pipeline or within 500 feet of a natural gas transmission pipeline.
(2)
This
prohibition does not apply to a building that is located between 200
and 500 feet of a hazardous pipeline or a natural gas transmission
pipeline if by resolution the council determines, after receiving
a recommendation from the fire chief that:
a.
The
building has a performance-based design that provides an adequate
time period for occupant evacuation to a safe place in the event of
a pipeline leak or fire associated with the pipeline, after considering:
1.
The requirements of Chapter 25-12, Article 7 (Uniform Fire
Code ) and the 2000 edition of the National Fire Protection
Association 101 Life Safety Code;
2.
The site and building design;
3.
The building's materials;
4.
The building's distance from the pipeline;
5.
The use of radiant energy barriers;
6.
Access to the site and the structure by emergency responders;
7.
Available on-site resources for emergency responders;
8.
The topography and other natural features;
9.
The use of the structure; and
10.
The evacuation capability of the occupants;
b.
The
building incorporates a system for the early detection and notification
of a pipeline leak, if the fire chief determines that an appropriate
system is commercially available; and
c.
The
performance-based design for occupant evacuation and the early detection
and notification system are certified and sealed by an engineer registered
in Texas.
(c)
Areas
involving new construction.
(1)
A
person may not build new construction within 200 feet of a natural
gas transmission pipeline unless the fire chief determines that:
a.
The
new construction has a performance-based design that provides a minimum
one-hour time period for occupant evacuation to a safe place in the
event of a pipeline leak or a fire associated with the pipeline, in
accordance with Chapter 25-12, Article 7 (Uniform Fire Code) or the
2000 edition of the National Fire Protection Association 101 Life
Safety Code;
b.
The
new construction incorporates a system for the early detection and
notification of a pipeline leak, if the fire chief determines that
an appropriate system is commercially available; and
c.
The
performance-based design for occupant evacuation and the early detection
and notification system are certified and sealed by an engineer registered
in Texas.
(2)
A
person may not build new construction within 200 feet of a hazardous
pipeline unless it complies with the standards for construction near
a pipeline defined as a hazardous pipeline by the City of Austin,
as prescribed by the Fire Protection Criteria Manual adopted by City
of Austin.
(d)
Areas
involving a restricted pipeline area.
(1)
Subject to subsection (b) below, a person may not place a habitable building or excavate within a restricted pipeline area.
(2)
This
prohibition does not apply to:
a.
The
pipeline or an appurtenance;
b.
A
facility that produces, consumes, processes, or stores the product
transported by the pipeline, including a power generation facility;
c.
A
public or private utility line (which may include but not be limited
to water and wastewater lines, stormwater and/or drainage lines) that
crosses the restricted pipeline area, including an appurtenance to
the line;
d.
A
utility service connection;
e.
A
road;
f.
A
surface parking lot; or
g.
An
uninhabitable structure or excavation that the city and pipeline operator
determines does not disturb the pipeline or impede its operation.
(3)
Before
a person may place a road, surface parking lot, or utility line in
a restricted pipeline area, the person must deliver to the city and
pipeline operator a certification by a registered engineer stating
that the proposed construction activity and structure are designed
to prevent disturbing the pipeline or impeding its operation.
(Ordinance 1041, § 1(Exh.
A), adopted 7/2/2019; Ordinance 1055, § 2(Exh. A), adopted 9/9/2019; Ordinance 1091, § 2(Exh. A), 4/21/2020; Ordinance 1136, § 2(Exh. A), adopted 2/23/2021)
(a)
"Development
permit", for purposes of this consultation zone requirement, means
any permit required by the city for activity that involves construction,
grade modification, excavation, blasting, land clearing, or the deposit
of earth, rocks or other materials that places an additional load
upon the soil. Construction that involves work totally within an existing
building footprint, such as residential remodeling projects, is specifically
exempted from these consultation zone requirements.
(b)
Consultation
zone distance.
The consultation zone requirement applies
to development permits involving any parcel that is within 660 feet
of the centerline of a natural gas transmission pipeline. The 660-foot
consultation zone distance may be lessened for certain development
permit activities if notice of the development permit activities and
the distance changes are provided to the pipeline operator(s) by the
development permit applicant and no objection is provided by such
pipeline operator. There must be written documentation demonstrating
that such notice has been provided to the pipeline operator(s) and
that within 15 days of delivery of such for such proposed development
permit activities.. The intent of this section is to provide flexibility
and to avoid unnecessary paperwork and delays in the permitting process
while also making sure that all activities that may impact the integrity
of a natural gas transmission pipeline are given an opportunity to
be thoroughly reviewed by the pipeline operator(s). The 15-day time
period may be extended so long as the pipeline operator(s) has contacted
the applicant and requested such extension of time.
(c)
Consultation
zone notification.
Whenever any applicant applies for
a development permit within the consultation zone established for
natural gas transmission pipelines, the staff at the permit counter
shall notify the applicant that they are within the consultation zone,
explain the relevant application procedures, and provide contact information
for the applicable pipeline operator(s). This same procedure shall
be followed whenever an individual inquires about development regulations
or zoning restrictions for property within the consultation zone.
(d)
Complete
application for development permit within consultation zone.
A complete application for any development permit within the
designated consultation zone must include written verification from
the applicant that:
(1)
The
applicant has delivered notice to the pipeline operator(s) and has
provided the pipeline operator(s) with documentation detailing the
proposed development permit activity and where the activity is to
take place; and
(2)
That
the pipeline operator(s) has either (i) responded with no objections,
(ii) has failed to respond to the applicant within the 15-day time
period set out above, or (iii) has provided objections to the applicant.
(3)
The
notice and written documentation shall be provided to the pipeline
operator via both regular mail and certified, return receipt requested,
and demonstrates that the pipeline operator(s) has received the documentation
showing the proposed development permit activity and its location.
(4)
If
the pipeline operator(s) has responded, such documentation shall also
be included.
(e)
Checklist.
A checklist, provided by the city and submitted by an applicant
for a development permit involving any parcel that is within 660 feet
of the centerline of a natural gas transmission pipeline must reference
the natural gas transmission pipeline(s) and provide information concerning
any impact the activity will have upon the integrity of the natural
gas transmission pipeline(s).
(Ordinance 1041, § 1(Exh.
A), adopted 7/2/2019; Ordinance 1055, § 2(Exh. A), adopted 9/9/2019; Ordinance 1091, § 2(Exh. A), 4/21/2020; Ordinance 1136, § 2(Exh. A), adopted 2/23/2021)
(a)
Prior
to the construction and/or operation of natural gas through a transmission
pipeline or hazardous materials through a hazardous pipeline as both
are defined in [section] 8-251 on or after the date of passage of
[the ordinance from which this section derives], the pipeline operator
shall provide to the city certification that the design and installation
of the natural gas transmission pipeline(s) or hazardous pipeline(s)
meet all state and federal requirements. This certification is required
for informational purposes only; the City does not assert authority
to enforce these state and federal requirements.
(b)
Transmission
pipelines, hazardous pipelines, gathering lines and production lines
within the city limits or extraterritorial jurisdiction where they
are within, under, or touch city rights-of-way, roads, easements or
any other city property shall be constructed in accordance with the
city's ordinances.
(c)
The
city may also require that a natural gas transmission pipeline be
redesigned or relocated should it conflict with the alignment and
depth of a gravity dependent proposed utility infrastructure.
(d)
Review
by the city for all proposed natural gas transmission pipelines through
private residential areas shall be required prior to the issuance
of a pipeline permit for the commencement of pipeline construction.
(e)
All
known oil and gas pipelines, including hazardous pipelines and all
private or public easements must be indicated on a plat.
(f)
Only
one pipeline shall be considered and authorized in any right-of-way,
road, easement or any other city property under each permit application.
(g)
A pipeline
permit application shall be required as follows:
(1)
Applications for natural gas transmission pipeline, hazardous pipelines, or other activities regulated by section 8-251 shall be submitted to the city in a form prescribed by the city.
(2)
Plans
submitted with each application for a pipeline permit shall be in
a format approved by the city showing the dimensions and locations
of the pipeline and related items or facilities, as well as all proposed
lift stations, pumps or other service structures related to such pipeline
and the location, type and size of all existing utilities, drainage,
rights-of-way and roadway improvements. The plans must additionally
show the elevation and location of all known public utilities within
15 feet of the centerline of the proposed pipeline. Any application
that fails to meet these requirements will be returned as incomplete
to the applicant.
(3)
The
following information shall be provided in the application:
a.
The
name, business addresses and telephone numbers of the pipeline operator;
c.
The
origin point and the destination of the proposed subject pipeline;
d.
A
text description of the general location of the proposed subject pipeline;
e.
Identification
of the substance to be transported through the proposed subject pipeline;
f.
A
copy of the substance material safety data sheet (MSDS);
g.
Engineering
plans, drawings and/or maps with summarized specifications showing
the horizontal location, covering depths and location of shutoff valves
of the proposed subject pipeline. To the extent that information can
be obtained, drawings shall show the location of other pipelines and
utilities that will be crossed or paralleled within 15 feet of the
proposed subject pipeline right-of-way;
h.
Detailed
cross section drawings for all public street rights-of-way and public
utility easement crossings;
i.
The
proposed method or methods to be used for the installation of the
pipeline;
j.
Methods
to be used to prevent both internal and external corrosion;
k.
A
binder of certificates of all bonds and insurance; and
l.
A
proposed alignment strip map showing name and address of all affected
property owners.
(h)
Fees
associated with such pipeline permit(s) are as follows:
(1)
Pipeline permit application fee.
Every application for
a pipeline permit shall be accompanied by a permit fee of $2,500.00.
(2)
Pipeline right-of-way review.
Each pipeline permit application
for use of a public right-of-way or public utility easement is subject
to review and determination by the city's engineer or his/her designee.
a.
Permittees
using the public right-of-way or a public utility easement shall enter
into a city-approved use agreement with the city prior to receiving
a pipeline permit authorizing the use of the city right-of-way or
public utility easement.
b.
In
the event a pipeline permit application for use of public right-of-way
or a public utility easement is denied, an applicant may appeal such
denial within five days of receipt of written notice of such denial
to the city manager. The decision of the city manager may be appealed
to the city council within five days of receipt if the city manager's
decision. The city council's decision shall be final.
(3)
Pipeline right-of-way annual use fee.
Annual fee of
$3.00 times the number of rods of public ROW or public utility easements
occupied. Payment for the first year is due within 30 days of approval
and payment for subsequent years is due prior to each anniversary
of the effective date of the agreement. This fee may, in the sole
discretion of the city, be adjusted for inflation as long as the fee
does not exceed the cost to the city of administering, supervising,
inspecting, and otherwise regulating the location of pipelines occupying
public rights-of-way and public utility easements.
(i)
Insurance
and bonds.
(1)
Each
pipeline operator of a natural gas transmission pipeline or a hazardous
pipeline during the term of its regulated pipeline permit must carry
public liability insurance with a carrier rated "A" or better by A.M.
Best in a minimum amount of $1,000,000.00 for one person and $5,000,000.00
for one accident and property damage insurance in the amount of $10,000,000.00
for one accident.
(2)
Each
pipeline operator shall provide and maintain in full force and effect
during the term of its regulated pipeline permit insurance with the
following minimum limits:
a.
Worker's
compensation at statutory limits.
b.
Employer's
liability insurance with the following minimum limits for bodily injury
by:
1.
Accident, $1,000,000 per each accident; and
2.
Disease, $1,000,000 per employee with a per-policy aggregate of $1,000,000.
3.
Commercial general liability coverage, including blanket contractual
liability, products and completed operations, personal injury, bodily
injury, broad form property damage, operations hazard, pollution,
explosion, collapse and underground hazards for $2,000,000 per occurrence
and aggregate policy limit of $2,000,000.
4.
Automobile liability insurance (for automobiles used by the pipeline
operator in the course of its performance under the pipeline permit,
including employer's nonownership and hired auto coverage) for $2,000,000
combined single limit per occurrence.
5.
Umbrella liability insurance following the form of the primary liability coverage described in subsections (a) and (b) and providing coverage with minimum combined bodily injury (including death) and property damage limit of $25,000,000 per occurrence and $25,000,000 annual aggregate. Increased primary liability limits equivalent to the umbrella liability insurance limits specified will satisfy the umbrella liability insurance requirements.
c.
Performance
bond or irrevocable letter of credit.
1.
Before issuance of a pipeline permit, the pipeline operator shall
submit to the city a performance bond or irrevocable letter of credit
approved as to form by the city attorney in the amount of $100,000.00.
2.
The performance bond is effective upon the issuance of the pipeline
permit and must remain in full force and effect until all work under
the terms of the pipeline permit has been completed.
3.
The performance bond may be amended to include other permitted pipeline
permits.
(Ordinance 1041, § 1(Exh.
A), adopted 7/2/2019; Ordinance 1055, § 2(Exh. A), adopted 9/9/2019; Ordinance 1091, § 2(Exh. A), 4/21/2020; Ordinance 1136, § 2(Exh. A), adopted 2/23/2021)
(a)
The pipeline operator of a natural gas transmission pipeline as defined in section 8-251 shall submit a noise management plan detailing how the pipeline or any equipment or facilities including compressor stations used in the installation of the pipeline and/or, transportation of natural gas complies with the maximum permissible noise levels of this section. The noise management plan must:
(1)
Identify
operation noise impacts;
(2)
Provide
documentation establishing the ambient noise level prior to construction
of any pipeline; and
(3)
a.
Detail
how the impacts will be mitigated. In determining noise mitigation,
specific site characteristics shall be considered, including, but
not limited to, the following:
b.
The
pipeline operator shall be responsible for verifying compliance with
this section and the noise management plan after the installation
of the noise generation equipment.
(b)
No natural
gas transmission pipeline or any equipment or facilities including
compressor stations associated with such pipeline shall be operated
at any location within the city in such a manner so as to create any
noise, that exceeds 55dB(A) at the closest noise sensitive areas (i.e.,
homes, businesses, parks, churches, etc.).
(c)
The
sound level meter used in conducting noise evaluations shall meet
the American National Standard Institute's Standard for sound meters
or an instrument and the associated recording and analyzing equipment
which will provide equivalent data.
(d)
A citation
may be immediately issued for failure to comply with the provisions
of this section. However, if the pipeline operator is in compliance
with the approved noise management plan, and a violation still occurs,
the pipeline operator will be given 24 hours from notice of noncompliance
to correct the violation from an identified source before a citation
is issued. Additional extensions of the 24-hour period may be granted
in the event that the source of the violation cannot be identified
after reasonable diligence by the operator.
(Ordinance 1041, § 1(Exh.
A), adopted 7/2/2019; Ordinance 1055, § 2(Exh. A), adopted 9/9/2019; Ordinance 1091, § 2(Exh. A), 4/21/2020; Ordinance 1136, § 2(Exh. A), adopted 2/23/2021)
Upon discovery of a pipeline emergency or incident, any affected
pipeline operator shall as soon as practical communicate to the city's
911 system the following information:
(1)
A general
description of the emergency or incident;
(2)
The
location of the emergency or incident;
(3)
The
name and telephone number of the person reporting the emergency or
incident;
(4)
The
name of the pipeline operator;
(5)
Whether
or not any hazardous material is involved and identification of the
hazardous material so involved; and
(6)
Any
other information as requested by the emergency dispatcher or other
such official at the time of reporting the emergency or incident.
(Ordinance 1041, § 1(Exh.
A), adopted 7/2/2019; Ordinance 1055, § 2(Exh. A), adopted 9/9/2019; Ordinance 1091, § 2(Exh. A), 4/21/2020; Ordinance 1136, § 2(Exh. A), adopted 2/23/2021)
(a)
If non-emergency
repairs necessitate excavation of a natural gas transmission pipeline
or hazardous pipeline in the public rights-of-way, utility easements,
or city owned property, the pipeline operator shall send notification
to occupants of business establishments and residential dwellings
located adjacent to the pipeline to be excavated at least five days
prior to commencing such repairs.
(b)
If above-ground
non-emergency repairs that are not routine maintenance are required
and involve the public rights-of-way, utility easements or city owned
property, the pipeline operator shall send notification to occupants
of businesses and residential dwellings located within 200 feet from
the centerline of the pipeline section to be repaired at least five
days prior to commencing such repairs.
(c)
The
notice required herein shall be sent by United States regular mail,
postage prepaid mailed at least five business days prior to commencing
any non-emergency repair; provided, however, that the pipeline operator
may use hand delivery notice as an alternative, at the pipeline operator's
discretion.
(Ordinance 1041, § 1(Exh.
A), adopted 7/2/2019; Ordinance 1055, § 2(Exh. A), adopted 9/9/2019; Ordinance 1091, § 2(Exh. A), 4/21/2020; Ordinance 1136, § 2(Exh. A), adopted 2/23/2021)
Nothing in this subsection grants permission for the use of
any public street, public rights-of-way, utility easements or city-owned
property. In the event a pipeline operator wishes to undertake any
natural gas transmission pipeline construction on, over, under, along
or across any public rights-of-way, utility easements or other city-owned
property, the pipeline operator shall apply for and execute a written
agreement with the city governing the terms and conditions for such
use; obtain all required permits and comply with any other applicable
provisions of the city code.
(Ordinance 1041, § 1(Exh.
A), adopted 7/2/2019; Ordinance 1055, § 2(Exh. A), adopted 9/9/2019; Ordinance 1091, § 2(Exh. A), 4/21/2020; Ordinance 1136, § 2(Exh. A), adopted 2/23/2021)
Nothing in these provisions shall be construed as an assumption
by the city of any responsibility of a pipeline operator of a pipeline
not owned by the city.
(Ordinance 1041, § 1(Exh.
A), adopted 7/2/2019; Ordinance 1055, § 2(Exh. A), adopted 9/9/2019; Ordinance 1091, § 2(Exh. A), 4/21/2020; Ordinance 1136, § 2(Exh. A), adopted 2/23/2021)
In keeping with the Natural Gas Pipeline Safety Act of 1968
and 49 CFR § 192.614, "Damage Prevention Program," 49 CFR
§ 192.615, "Emergency Plans," the Hazardous Liquids Safety
Act of 1979, and 49 CFR § 195.408, "Communications," 49
CFR § 195.440, "Public Awareness," and the Community Right-to-Know
Act, 40 CFR Parts 350-374, all as amended:
(1)
Annually,
all pipeline operators will provide affected landowners, public officials
and emergency providers with appropriate public awareness information
as outlined in API 1162.
(2)
Each
pipeline owner or operator shall maintain a public education program
that is communicated to residents and business establishments within
1,000 feet of the centerline of a pipeline.
(3)
Public
education information shall be communicated at least annually in both
English and Spanish.
(Ordinance 1041, § 1(Exh.
A), adopted 7/2/2019; Ordinance 1055, § 2(Exh. A), adopted 9/9/2019; Ordinance 1091, § 2(Exh. A), 4/21/2020; Ordinance 1136, § 2(Exh. A), adopted 2/23/2021)
(b)
A person
who knowingly violates any provision of this article is guilty of
a separate offense for each day or portion of a day during which the
violation is continued. Each offense is punishable by a fine of $2,000.
This fine shall be doubled for the second conviction of the same offense
within any 24-month period and trebled for the third and any subsequent
convictions of the same offense within any 24-month period.
(Ordinance 1041, § 1(Exh.
A), adopted 7/2/2019; Ordinance 1055, § 2(Exh. A), adopted 9/9/2019[1]; Ordinance 1091, § 2(Exh.
A), 4/21/2020; Ordinance
1136, § 2(Exh. A), adopted 2/23/2021)
[1]
Editor's note—This ordinance also repealed former § 8-260,
insurance and bonds, and renumbered the remainder of the article.
(a)
In the
event a natural gas transmission pipeline is placed within any public
right-of-way under the jurisdiction of the city, the owner/operator
shall comply with the right-of-way use regulations as provided in
this city's Code of Ordinance and obtain an appropriate franchise,
permit or authorization for the use of such right-of-way.
(b)
To the
extent that the provisions of this article conflict with the city's
right-of-way use ordinance, this article shall apply.
(c)
All
right-of-way use agreements that have been entered into and approved
since September 10, 2019, are currently limited to a single pipeline
in such right-of-way and such limitation shall not be removed or revised
without city council approval.
(Ordinance 1041, § 1(Exh.
A), adopted 7/2/2019; Ordinance 1055, § 2(Exh. A), adopted 9/9/2019; Ordinance 1091, § 2(Exh. A), 4/21/2020; Ordinance 1136, § 2(Exh. A), adopted 2/23/2021)
(b)
Proximity
to a natural gas transmission pipeline or hazardous pipeline does
not solely cause a structure or area to be noncomplying under article
VII, nonconforming uses and structures.
(c)
If there
is a conflict between the regulations prescribed by this section and
the regulations as determined by article VII, nonconforming uses and
structures, this provision controls.
(Ordinance 1041, § 1(Exh.
A), adopted 7/2/2019; Ordinance 1055, § 2(Exh. A), adopted 9/9/2019; Ordinance 1091, § 2(Exh. A), 4/21/2020; Ordinance 1136, § 2(Exh. A), adopted 2/23/2021)
