The Underground Utility Prevention Act

Transcription

1 Washington s Dig Law Chapter RCW The Underground Utility Prevention Act Municipal Research and Services Center

2 Welcome to: Washington s Dig Law Municipal Research and Services Center of Washington <insert photo with proper resolution and frame outline> Jim Doherty Legal Consultant jdoherty@mrsc.org /02/2012 Washington s Dig Law 2

3 Webinar Agenda Introductions The Issues Pipeline Safety Division(WUTC) presentation Pipeline Operator Perspective Questions & Answers 10/02/2012 3

4 Introductions Jim Doherty MRSC Anna Gill WUTC Dave Lykken WUTC Jim Fraley BP 10/02/2012 4

5 The Issues Importance of Dig Law Enforcement Lack of Coordination Damages to Infrastructure Environmental Damages Personal Injuries 10/02/2012 5

6 Amendments To State Law Now Called: Underground Damage Prevention Act Significant Financial Penalties New Enforcement Process 10/02/2012 6

7 Washington s Dig Law RCW September 2012

8 History Washington s dig law, RCW Underground Utilities, was established in 1985 to protect Washington s underground infrastructure. By the numbers: 65 percent of damage done to pipelines in Washington is caused by third-party damage. In 2011, more than 1,300 incidents were reported due to individuals digging up gas pipelines.

9 The Basics Who, What and When Who does the law apply to? Anyone planning to dig Contractors Excavators Landscapers Homeowners What do I have to do? Call or go online to: callbeforeyoudig.org and request a free underground utility locate. When? At least two business days before you start digging

10 Your Responsibilities - Excavator What is staying the same? Must request a locate two business days before digging. Cannot start work until locate is complete. What is changing? You must outline dig area in white paint prior to requesting your locate. For large or multiple sites, excavators are required to confer with the facility operator to enable them to locate underground facilities before digging begins for each phase of work. It is the excavator s responsibility to maintain locate marks for up to 45 days. After that, your dig ticket expires and a new one will need to be requested.

11 Your Responsibilities Facility Operator What is staying the same? Must respond to a request for utility locate within two business days. Continue to mark all locatable facilities within the right-of-way and marked excavation area. What is changing? You must subscribe to the one-call locator service. Required to provide the excavator with reasonably accurate information by marking facility locations. Provide information about the presence of unlocatable facilities. Arrange a meeting with the excavator at the worksite to provide information about location of service laterals or provide copies of the best reasonably available records.

12 Your Responsibilities Permitting Agency Permitting agencies include the state, and any subdivision or instrumentality of the state, including any unit of local government. What is changing? When issuing a permit for construction or excavation within 100 feet, or greater if required by local ordinance, of a right-of-way or utility easement containing a transmission pipeline you must: Notify the pipeline company of the permitted activity when permit is issued; or Require as a condition of issuing the permit, that the applicant consult with the pipeline company.

13 Reporting Requirements Facility operators or contractors who observe or cause damage must report any scrapes, gouges, cracks, dents or other visible damage to the utility to the Utilities and Transportation Commission via the online Virtual DIRT program within 45 days of the incident. Virtual Dirt can be accessed via the UTC s website:

14 Affecting the bottom line Dig within 35 feet of a large pipeline without calling: Will be found guilty of a misdemeanor What trouble can you dig into? Dig without calling two business days in advance: Pay $1,000 fine Pay $5,000 fine for each subsequent violation Dig without calling and damage a pipeline: Pay $10,000 fine and triple the repair cost Dig without calling and damage a hazardous liquid or gas facility: Pay $10,000 fine per violation Willfully remove marks before digging: Pay $1,000 fine Pay $5,000 for each subsequent violation

15 Enforcement Authority A Safety Committee will be established to hear complaints of alleged violations and recommend enforcement action to the Utilities and Transportation Commission. The committee will be made up of 13 members nominated by their represented group to a three year term. The committee must include representatives from: Local government; Natural Gas Company subject to regulation under Title 80 and 81 RCW; Contractors; Excavators; Electric Company subject to regulation under Title 80 RCW; Consumer-owned utility; Pipeline Company; Insurance industry; Utilities and Transportation Commission; and Telecommunication company.

16 Questions? If you would like more information or have any questions regarding the upcoming changes to Washington s dig law, contact: Anna Gill Program Specialist, Pipeline Safety Utilities and Transportation Commission anna.gill@utc.wa.gov,

17 Value of Communication Jim Fraley

18 Making Pipelines safer through communication Pipeline perspective Reduces unauthorized encroachments on the pipeline easement. Increases the use of 811 along the pipeline corridor. Reduces unauthorized excavation on Pipeline ROW. Increases awareness in the community about how to respond or what to do in the event of an emergency. Public perspective Increases understanding of the importance of keeping pipeline ROW clear. Reduces potential construction delays due to unauthorized encroachment on pipeline ROW. Increases awareness about the presence of pipelines and who must be contacted in the event of an emergency. 18

19 Affected Public Residents or Occupants People working near the pipeline Businesses Method of communication Information and safety mailings Face-to-face 19

20 Emergency Officials Fire Departments Police and Sheriff Departments Local Emergency Planning Commissions County and State Emergency Management Agencies Method of communication Public awareness mailings Group meetings and on-site training 20

21 Public Officials State and County Public Officials City Managers Method of communication Public Awareness mailings Group meetings 21

22 Excavators Excavators Public works departments Fence builders Landscapers Well drillers Home builders Land developers Real estate sales Method of communication Public awareness mailings Face-to-face orientations 22

23 Is our communication effective?

24 Excavator Pipeline Information and Safety Mailings In 2011, Olympic Pipeline mailed 35,982 brochures about safe excavation and working near pipelines to excavators along our pipeline corridor. Mailed in asset county + 20 miles We received feedback from the excavating community 24

25 Excavators were asked Have you heard of 811? 68% responded yes 24% responded no 25

26 Excavators were asked Do you know how to recognize a pipeline leak? 69% responded yes 23% responded no 26

27 Emergency Officials were asked What would you do in the event of a pipeline emergency? In 2011, Olympic Pipeline mailed 715 brochures about pipeline safety and awareness to emergency officials along our pipeline corridor. 67% answered call % answered nothing 27

28 How do our stakeholders communicate with us? 28

29 How much advance notice if there is a pipeline conflict? Two business days That s fine if your project is: Building a fence Doing a cable drop Planting a tree Installing a sign Repairing a water line 29

30 What if the project scope and investment is much larger? Large financial investment in preparing for construction Engineering and design cost Contract bid process Land purchase What if the project will conflict with the pipeline, and the first contact is two business day before the equipment rolls in? Project could be put on hold Project may have to be reengineered to comply with pipeline easement for safety. 30

31 Be proactive for pipeline safety Benefits of being proactive when it comes to growth along the pipeline corridor. Public safety Opportunity to make contact and educate new residents early on in the process Protection of the pipeline Access to the pipeline for surveillance and maintenance Protect the Pacific Northwest s fuel supply that is so vital to it s infrastructure 31

32 Whatcom County Washington

33 Whatcom County Washington

34 Clark County Washington

35 Clark County Washington

36 Woodinville, Washington 36

37 What s in it for you? Information and ideas on how to complete your project safely around the pipeline ROW easement information Access to our pipeline Engineering Department Avoid costly design changes Face-to-face communications Hopefully we can build long term working relationships Peace of mind in knowing that the people who work for you are safe around pipelines Confidence that you did not cause damage to the pipeline during your construction project - to the benefit of everyone 37

38 Thank You 38

39 Municipal Research and Services Center Municipal Research and Services Center of Washington MRSC has been promoting excellence in Washington local government for over 75 years. More information about Municipal Research can be found at 8/23/

40 Additional Pipeline Safety Resources Pipeline Safety: Planning Near Pipelines: WUTC Pipeline Safety Division website: 10/02/

41 Thank you for participating Call Before You Dig! Jim Doherty MRSC Legal Consultant Municipal Research and Services Center