HomeMy WebLinkAbout031132 ORD - 05/09/2017 Ordinance
Amending Chapter 35 of the Corpus Christi Code of Ordinances to revise Article
VII. - HAZARDOUS SUBSTANCES, LIQUIDS, AND GAS PIPELINES AND
DISTRIBUTION SYSTEMS; and providing for severance, publication, penalty, and
an effective date
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS THAT:
SECTION 1. Chapter 35 of the Corpus Christi Code of Ordinances is amended by
revising Article VII — HAZARDOUS SUBSTANCES, LIQUIDS, AND GAS PIPELINES
AND DISTRIBUTION SYSTEMS, as follows:
ARTICLE VII. - HAZARDOUS SUBSTANCES, LIQUIDS, AND GAS PIPELINES AND
DISTRIBUTION SYSTEMS
Sec. 35-146. - Definitions.
[For the purposes of this article, the following words and phrases shall have the
meanings respectively ascribed to them by this section:]
Emergency Management Office of the City of Corpus Christi is created and
described in chapter 15 of the Code of Ordinances, the chief executive officer being the
city manager, who may delegate duties and responsibilities.
Hazardous liquid, as defined by the Texas Railroad Commission at 16 Texas
Administrative Code, Section 7.808.5. Definitions, shall mean Petroleum, petroleum
products, anhydrous ammonia, or any substance or material which is in liquid state,
excluding liquefied natural qas (LNG), when transported by pipeline facilities and which
has been determined by the United States Secretary of Transportation to pose an
unreasonable risk to life or property when transported by pipeline facilities.petroleum or
transported by pipeline facilities and which has :--- : - •• - -- _ . - . -
secretary of transportation to pose an unreasonable risk to life or property when
transported by pipeline facilities. The term shall be enlarged to include liquified natural
- - -e.- . - . • -. It shall also include carbon dioxide, defined at 49 CFR
192.2195.2, as a fluid consisting of more than ninety (90) per cent carbon dioxide
molecules compressed to a supercritical state.
Jurisdiction of the City of Corpus Christi for application of this article shall include
the area within the corporate boundaries of the City of Corpus Christi and the
geographical area five thousand (5,000) feet beyond the corporate boundaries of the
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city, under authority of the Texas Local Government Code, section 42.001, to promote
and protect the general health, safety, and welfare of persons residing in and adjacent
to municipalities, and to define nuisance under authority of the Texas Local Government
Code, section 217.042.
reactivated within five (5) years even though there may be no specific plans to
reactivate the pipeline.
Local distribution company (LDC) means a municipal operator of a natural gas
distribution system recognized by local ordinance as a utility and engaged primarily in
providing natural gas service to residential, commercial and industrial end users.
Owner or operator shall mean any person who engages in the pipeline
transportation or movement of gas, hazardous liquids, or chemicals.
Person shall mean any individual, corporation, joint venture, partnership,
municipality, or legal entity, including trustee, assignee, receiver, and personal
representative.
Pipeline shall mean all parts of those physical facilities through which gas,
hazardous liquids, or chemicals move in transportation, including, but not limited to,
pipe, valves, and other appurtenance attached to pipe, compressor units, metering
stations, pumping units, regulator stations, delivery stations, terminals, holders, and
fabricated assemblies and breakout tanks whether or not laid in public or private
easement or public or private right of way within the city or its jurisdiction.
Pipelines excluded from this article are pipelines with normal operating pressures
below twenty (20) pounds per square inch gauge. Also exempted are those pipelines
which meet all of the following three (3) conditions:
(1) The pipelines serve as private infrastructure to refineries/petrochemical plants,
and storage areas, and terminals;
(2) The refinery/petrochemical plant infrastructure, storage area, or terminal
incorporating the pipeline(s) serves a manufacturing or refining function
exclusive to the respective refinery/petrochemical plant; and
(3) The pipeline is within the premises boundary of the refinery/petrochemical plant,
storage area, or terminal.
New pipelines, as referred to in section 35-153, shall mean pipelines constructed
after the effective date of this article but shall not include (a) the replacement or repair of
any existing pipeline; (b) the realignment of a portion of an existing pipeline to a position
that is not greater than fifty (50)200 feet from its original position; or (c) surface
appurtenances added to existing pipelines.
Pipeline emergency shall refer to a pipeline incident in which any of the following
has occurred or is occurring:
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(1) Fire or explosion not initiated by the owner/operator as part of its operations, (in
accordance with accepted safety practices).
(2) Release of a gas, hazardous liquid, or chemical which could adversely impact
the environment or health of individuals, livestock and/or domestic animals, and
wildlife, within the city or its jurisdiction.
(3) Death of any person.
(4) Bodily harm of any person which results in loss of consciousness, the need to
assist a person from the scene of the incident, or the necessity of medical
treatment in excess of first aid.
(5) Damage to private or public property not owned, by the pipeline owner or
operator in excess of five thousand dollars ($5,000.00)$50,000 in combined
values.
(6) The re-routing of traffic or the evacuation of building(s).
Unregulated pipeline are those pipelines within the city or its jurisdiction which enjoy
exemptions under federal and state rules which exclude such lines from construction
standards, safety standards, or reporting requirements of either or both governmental
entities.
Sec. 35-147. - Pipeline information reporting requirements.
(a) Every owner or operator of a pipeline, existing at the effective date of adoption of
this article, shall furnish the emergency management office the following information
for retention purposes:
(1) Six (6) copiesAn electronic copy of schematic drawings and maps showing the
horizontal location of each pipeline and their relationship to streets, highways,
railroads, etc, to the extent of the best information available to the pipeline
owner or operator. For purposes of emergency response and securing the area
for access to shutoff valves, the drawings should also highlight shutoff valves
and other pipeline facilities. The precision or accuracy of the location of the
lines, valves, and other facilities shall also be noted for both horizontal and
vertical, but in no case exceed plus or minus twenty-five (25) feet horizontal.
Shutoff valves will only be operated by the owner/operator or under the
direction or authorization of the owner/operator.
(2) A description of the materials transported, their source and their destination,
and a copy of the material safety data sheet (MSDS) for the materials
transported.
(3) The normal operating pressure range and the maximum allowable operating
pressure of the pipeline.
(4) The name, title, business address and telephone number of the person(s)
responsible for the operation of the pipeline(s).
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(5) Identification of each pipeline as regulated under interstate or intrastate
rules/regulations.
(6) Where a pipeline is unregulated as to either or both intrastate/interstate rules
and regulations, the owner or operator shall so state. The owner or operator
shall also specifically: (a) identify the exculpatory rules or regulations, and (b)
the operating condition of the pipeline, which give rise to such unregulated
status.
If any of the above information changes, the pipeline owner or operator shall furnish
to the emergency management office updated information within fourteen (1'1)30 days
of the change.
(b) The owner or operator of any pipeline shall provide to the emergency management
office the name, mailing address, and telephone number of at least one (1) officer,
person or contact (example: manned response center, a title such as a dispatcher,
etc.) available on a twenty-four-hour basis who:
(1) Can initiate appropriate actions to respond to an emergency situation.
(2) Has access to information on the location of the closest shut-off valve to any
specific point in the city or its jurisdiction
(3) Can furnish the common name of the material then being carried by the
pipeline.
Any change in the above described twenty-four-hour contact information must be
reported to the emergency management office by contacting the police dispatch center
(512 886 2802X361) 826-1100 prior to such change.
(c) Every owner or operator of a pipeline shall be required to file an annual verified
safety report in letter form with the Emergency Management Office city manager or
his designee on or before March 31 of each year to cover a reporting period of
March 1 through February [28].
(1) Stating that the pipeline has no outstanding safety violations as determined in
an inspection or audit by either the Texas Railroad Commission and/or the U.S.
Department of Transportation with regards to any pipeline operating in the City
of Corpus Christi or its jurisdiction. Alternatively, if there are any safety
violations as determined by U.S. Department of Transportation or the Texas
Railroad Commission that have not been corrected, these shall be described to
the city in the annual safety report letter.
(2) Accompanied by evidence that the pipeline owner or operator has current
liability insurance covering each respective pipeline in the minimum amount of
five million dollars ($5,000,000.00) or has a self insured fund program, verified
by an independent certified public accountant, which program and verification
will be reviewed and judged to determine equivalency by the Risk Management
Department of the City of Corpus Christi. Insurance carriers must be licensed to
do business in the State of Texas and possess at least an A rating by the A.M.
Best Company.
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(3) Stating that the pipeline information on file with the emergency management
office as described in paragraphs (a) and (b) in section 35-147 is correct.
Alternatively, if the information on file is no longer correct, updated or corrected
information should be submitted with the annual safety report letter.
(4) Owners or operators of any unregulated pipeline who shall experience no
reporting responsibility to the Texas Railroad Commission or the United States
Department of Transportation, and who shall otherwise operate outside the
safety regulation of either those agencies, shall additionally provide the
following pertaining to the preceding reporting period March 1 through end of
February:
a. Copies of internal reports of responses to pipeline emergencies, as pipeline
emergency is defined in this article.
b. Current operations and maintenance manual.
eb. Current emergency plan or planning manual.
(5) The annual safety report letter shall be submitted with respect to all pipelines
owned or operated by the designated owner or operator, which pipelines are
existing at the effective date of adoption of this article. The safety report letter
and verification shall be executed by an officer or a person who is authorized to
sign such safety report letter and make verification. The prescribed form of the
verification on the safety report letter shall read:
Verification
I, (name) , (title) , of (owner/operator) , am authorized to make and have
made the foregoing annual safety report letter to the City of Corpus Christi
under that City's Emergency Response Ordinance. Any attachments made to
this letter are true and correct copies of originals and the information provided in
this letter is true and correct to the best of my knowledge and is information
based upon the standard of inquiry and investigation as would be made by a
reasonably prudent pipeline owner or operator within the City's jurisdiction.
Signature of officer or owner/operator
STATE OF TEXAS §
COUNTY OF [place safety report letter is made]
The foregoing annual safety report letter was sworn to and subscribed before
me by (signatory of letter) on this day of
?420
Signed:
Notary Public for the State of Texas
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Printed name:
My commission expires:
(d) An annual fee in the amount of one hundred twenty-five dollars ($125.00) for
administrative costs shall be remitted by each operator or owner for each pipeline
on or before March 31 of each year with the annual safety report letters required in
section 35-147 paragraph . : e - - .•- _ e.- . - •. e- -e.. -: e e.
•
-
• e - •e• -'e -e - . ftp CC -- - -e e •-
(e) A copy of all initial or follow-up reports provided to the U.S. Department of
Transportation or the Texas Railroad Commission on unsafe pipeline conditions,
pipeline emergencies, or pipeline incidents within the city's jurisdiction must be
concurrently filed with the Emergency Management Officecity manager. In addition,
any initial or follow-up reports filed with state and federal environmental regulatory
agencies pertaining to pipeline releases within the city's jurisdiction which
threatened to impact the environment, public health or safety, must be filed
concurrently with the Emergency Management Officecity manager.
(f) Upon request the pipeline owner or operator will provide the Emergency
Management Office city manager other documents for review which are required for
submittal to or to be maintained on file for the U.S. Department of Transportation
and the Texas Railroad Commission such as:
(1) Operations and maintenance manuals.
(2) Employee training records.
(3) Annual inspection reports.
(4) Repair records.
(5) Operating records.
(6) Insurance policy.
In the case of unregulated pipelines, the city manager or designee may request any
such other information he may in his discretion deem necessary to the best interests of
the city and to the necessary protection of public health, safety, and welfare.
Sec. 35-148. - Incident reporting—Emergencies.
(a) Upon the discovery of a pipeline emergency the following communications are to be
initiated by the affected pipeline owners or operators:
(1) Immediately contact the City of Corpus Christi 911 in cases of injury or
imminent danger to health or safety, and report the incident while indicating
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what emergency response assistance appears to be required. In reporting the
incident provide the following information:
a. A general description of the incident;
b. The location of the incident;
c. The name and telephone number of the person reporting the incident;
d. The name of the pipeline owner or operator;
e. Whether or not any hazardous material is involved, identify the material;
f. Any other information as requested by the dispatcher.
(2) The pipeline owner or operator shall contact any other emergency response
groups that are necessary which may not be activated through the City of
Corpus Christi 911 system.
(3) The pipeline owner or operator is to contact the local emergency-planning
committee (LEPC)Crisis Management Dispatch no later than one (1) 2 hours
after the discovery of the incident at Corpus Christi Fire Department Station #9
- ==' =- , e - - e - - - •-••:- e -- ' -(361) 885-7000.
_Sec. 35 119. Same Nonemergency leaks.
Nonemergency pipeline leaks which are required to be reported to the U.S.
•-- e - ee• - .e• e e •- - - e-e -e••••• e• - - e
• - - - - A e - -e• e e •- •- e - - -• - - -- - - - --
shall be reported by contacting CCFD Station #9 (512 881 8512), or successor
telephone number of the LEPC.
Sec. 35-458149. - Emergency response plans.
(a) Each pipeline owner or operator shall maintain written procedures to minimize the
hazards resulting from an emergency. These procedures shall at a minimum
provide for:
(1) Prompt and effective response to emergencies including:
a. Leaks or releases which can impact public health or safety.
b. Fire or explosions at or in the vicinity of a pipeline or pipeline facility.
c. Natural disasters.
(2) Effective means to notify and communicate required and pertinent information
to local fire, police, and public officials during an emergency.
(3) The availability of personnel, equipment, tools, and materials as necessary at
the scene of an emergency.
(4) Measures to be taken to reduce public exposure to injury and probability of
accidental ignition.
(5) Emergency shutdown and pressure reduction of any section of a pipeline
system.
(6) The safe restoration of service following an emergency.
(7) A follow-up incident investigation to determine the cause of the incident and
require the implementation of corrective measures.
(b) Each pipeline owner or operator shall meet annually with representatives of the City
of Corpus Christi fire department, police department, and the emergency
management office to review emergency response plans. These reviews will be in
accord with U.S. Department of Transportation and Texas Railroad Commission
requirements and the owner or operator will:
(1) Furnish or update a copy of the emergency response plan described in section
35-150(a).
(2) Review the responsibilities of each governmental organization in response to an
emergency.
(3) Review the capabilities of the owner or operator to respond to an emergency.
(4) Identify the types of incidents which will result in or require contacting the city.
(5) Plan mutual activities that the city and the owner or operator can engage in to
minimize risks associated with pipeline operation.
At this meeting the City of Corpus Christi will provide the pipeline owner or operator
with a list of additional contacts which should be made in the event of a pipeline
emergency. The city will inform the pipeline owner or operator of the emergency
response groups that will be contacted through 911.
Sec. 35-151150. - One call system.
(a) The owner or operator of any pipeline which transports gas, hazardous liquids, or
chemicals located in the city's jurisdiction shall e- :-: e . _ _' ._. e- ':-_ -e
the local emergency planning committeobe a member of a recognized one call
system. A selected underground utility coordinating system will be utilized for a
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as the LDC.
(b) 48 hours pPrior to beginning any excavation, trenching, or digging using powered
equipment or hand tools which may damage a pipeline, any person within the city's
jurisdiction shall be required to contact ali the appropriate underground utility
coordinating systemsone call system and determine if there are any pipelines or
public utilities in the vicinity of the proposed activities.
(c) If physical contact is made with a pipeline during any excavation, trenching or
digging, the pipeline company must be notified by the person or agency making the
physical contact with the pipeline for any necessary pipeline inspection or repairs.
Sec. 35-152. - Pipeline repairs and maintenance.
(a) All repairs and maintenance are to be done in accord with U.S. Department of
Transportation, Texas Railroad Commission mechanical integrity requirements. This
requirement applies to all pipelines covered by this article, unregulated as well as
those operating under state and federal rules.
(b) If nonemergency repairs necessitate excavation of the pipeline, prior notification is
required to occupants of business establishments and residential dwellings located
within three hundred (300) feet from the centerline of the situs of the pipeline
excavation; however, if nonemergency repairs require excavation of a pipeline
located within twenty-five (25) feet of another pipeline. prior Prior notice obligations
shall be enlarged from three hundred (300) feet to five hundred (500) feet for
locations occupied by more than twenty (20) buildings intended for human
occupancy or well-defined outside recreational areas or other places of public
assembly.
(c) Above ground nonemergency repairs that are not routine maintenance necessitate
prior notification to occupants of businesses and residential dwellings within one
hundred (100) feet from the centerline of the pipeline section to be repaired.
(d) Without limitation of the methods of giving the notice required in subsections (b) and
(c) hereof __the leaving of a written notice on the front door of a residence or
business establishment. or the posting of a written notice at the entry or four (4)
corners of any recreational area or place of public assembly to be noticed shall be
deemed compliance with this section.
Sec. 35- 151. - New pipelines.
(a) At least forty-five (45) days prior to the scheduled commencement of the
construction of a new pipeline, the pipeline owner or operator shall notify the
managerFire Chief, or his designee, of its intention to construct the pipeline and
shall submit the following information:
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(1) The name, business address, and telephone number of the pipeline owner and
operator.
(2) The names, titles, and telephone numbers of the following persons:
a. The person submitting the information,
b. The person designated as the principal contact for submittal information,
c. The person designated as the twenty-four-hour emergency contact,
d. The person or firm which will operate the pipeline.
(3) The origin point and the destination of the segment of the pipeline.
(4) A description of the substance to be transported through the pipeline. A copy of
the substance material safety data sheet (MSDS) shall be included with the
submittal.
(5) The maximum allowable operating pressure on the pipeline as determined
according to U.S. Department of Transportation and Texas Railroad
Commission procedures.
(6) The normal operating pressure range of the pipeline.
(7) Engineering plans, drawings and/or maps with summarized specifications
showing the horizontal pipeline location, pipeline covering depths, and location
of shutoff valves. (Location of shut off valves must be known in order for
emergency responders to clear area for access to valves.) To the extent that
information can be reasonably obtained, drawings shall show the location of
other pipelines and utilities which will be crossed or paralleled within five (5)
feet.
(8) A description of the consideration given to matters of public safety and the
avoidance, as far as practicable, of existing inhabited structures and
congregated areas.
(9) Detailed cross section drawings for all public street right-of-way and easement
crossings.
(10)The design criteria under which the pipeline will be constructed.
(b) Within thirty (30) days following notification to the city, the director of engineering
services, emergency management coordinator, city manager or his designee, and
the pipeline owner or operator shall informally review for completeness and make
technical comment on the submitted new pipeline information. At that time city staff
shall make comments related to conditions or requirements under the City of
Corpus Christi licensingrevocable easements policy on the pipeline use of public
property.
(c) At the time of notification to the city of the intent to construct the pipeline, the
pipeline owner or operator shall give notice that the information provided in section
35-153 paragraph (a) is available to the public. Notice to the public shall be made in
the daily local newspaper having the largest circulation in Corpus Christi. Notice
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shall be provided in the public notice section of at least five (5) successive issues
and include the following information:
(1) General description of planned activity.
(2) Proposed pipeline construction area.
(3) Type of material to be transported.
(4) Pipeline owner or operator.
(5) Location of proposed pipeline information for public review.
(6) Scheduled location and time for new pipeline information meeting.
In addition, an announcement of the scheduled location and time for the public
information meeting shall be published concurrently in the local news section of two (2)
successive issues of said newspaper in a size not less than two (2) columns by two (2)
inches.
(d) The public may review the proposed pipeline information made available pursuant
to section 35-153(c) for a period of fourteen (14) days following the publication of
the first public notice and submit comments, if any, within such period to both the
director of engineering services and the pipeline owner or operator.
(e) Within twenty (20) days of notification to the city of the intent to construct the
pipeline, the pipeline owner or operator shall conduct a public information meeting.
At this meeting the owner/operator shall review the proposed construction and
operation of the new pipeline.
(f) Following the public review period, but not more than forty-five (45) days following
notification to the city of intent to construct a new pipeline, the pipeline
owner/operator shall meet with the director of engineering services to review any
public comments. If there are no substantive, nonresolvable technical issues,
construction of the pipeline will proceed. If there are substantive, nonresolvable
technical issues concerning matters that do not fall within the exclusive jurisdiction
of the department of transportation or the Texas Railroad Commission, an
administrative hearing shall be held within fourteen (14) days as provided in
subsection (g) below.
(g) An administrative hearing shall be conducted to seek resolution of any substantive,
nonresolvable technical issues. The hearing will be conducted before the pipeline
review panel [see subsection 35-153(h)]. A quorum of at least three (3) pipeline
review panel members must be present to conduct the hearing with at least one (1)
of the panel members present at the hearing having emergency management/LEPC
expertise. The pipeline review panel will render a decision within seven (7) days of
the date of such hearing.
(h) The city council shall appoint five (5) persons to the pipeline review panel four (4) of
whom shall have technical expertise in the construction, maintenance, or operation
of pipelines, at least one (1) of which shall have emergency management
experience, and the additional person shall be a community representative.
Personnel of the city's emergency management office will supply staff support to the
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panel. Each member of the pipeline review panel shall be appointed for a term of
two (2) years and until his successor is appointed.
(i) All pipelines will be constructed repaired, and/or replaced in compliance with all
statutory or regulatory requirements of the U.S. Department of Transportation and
the Texas Railroad Commission.
(j) The pipeline owner or operator will give notice of the commencement of pipeline
construction to all residents and business establishments that are within three
hundred (300) feet of the proposed centerline of the pipeline, but not less that forty-
eight (48) hours prior to commencement of construction.
(k) Upon completion of pipeline construction the pipeline owner or operator shall
provide the city with as-built pipeline drawings within one hundred twenty (120)
days. Accuracy of as-built drawings shall meet a survey level of one (1) foot to fifty
thousand (50,000) feet. The drawings shall also be supplied in a DXF computer
f+teworkable electronic document with the location tied to one (1) nearby GPS
(Global Positioning System) city monument. If the new pipeline length exceeds one
thousand (1,000) feet within the city or its jurisdiction, the pipeline should be tied to
at least two (2) GPS city monuments.
(I) Any change in service of a pipeline not previously addressed by this article to gas,
hazardous liquid, or chemical service must be reviewed in accordance with the new
pipeline review procedure outline in subsections 35-153(a)—(g) as if it were new
pipeline construction.
(m) The city manager or his designee has the authority under this article to modify any
of the procedural requirements in section 35-153 if it is in the best interest of the
City of Corpus Christi.
Sec. 35-154152. - Pipeline markers and security.
(a) In accordance with U.S. Department of Transportation and Texas Railroad
Commission requirements, pipeline owners or operators are to place and maintain
permanent line markers as close as practical over the pipeline(s) at each crossing
of a public street, railroad or navigable waterway. Marker(s) will also be maintained
along each pipeline(s) that is located above ground in an area accessible to the
public. The markers shall be of permanent type construction and contain labeling
identifying the:
(1) Pipeline owner or operator.
(2) Twenty-four-hour contact telephone number.
(3) A broad description of the product transported in the pipeline.
(b) Line marker(s) shall not be required over pipelines located offshore or under inland
navigable waterways. Marker(s) for these lines shall be located as close as practical
to the shore/vegetation line of these waters.
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(c) No person shall tamper with, deface, damage, or remove any pipeline marker, or
tamper with or operate any pipeline shut-off valves, except the pipeline owner or his
duly authorized agent, within the city's jurisdiction.
(d) Upon the specific written request of the owner of a residential property, the pipeline
owner or operator shall install temporary pipeline markers to reduce the possibility
of pipeline damage or interference.
(e) No person shall excavate within pipeline right-of-way without compliance with the
Texas "One-Call" Statute (Chapter 251, Texas Utility Code).
(f) No person shall construct within pipeline right-of-way without compliance with the
statute governing construction in pipeline right-of-way (Chapter 756, subchapter G,
Texas Health and Safety Code).
Sec. 35 155. Inactive and idled pipelines.
(1) All reporting records specified in section 35 147 of this article shall bo
maintained on inactive pipelines.
(2) Inactive pipelines shall be purged of gas, hazardous liquids, and chemicals, and
physically ' : _ . - - - - - _ - ..•-:_ _ - - e-
(3)
(3) The means used to physical i-solate the inactive pipeline shall be included in
(b) Idled pipelines-
A . - - - • -- - - -e...
.. - -- - .- - • - :• -- ,
the pipeline has been idled.
(3) Reactivation of idled pipelines shall require notification to the emergency
management coordinator, the city's director of planningdevelopment services,
Reactivation shall require pressure testing for integrity and compliance with
U.S. Department of Transportation regulations.
Sec. 35-1-56153. - Public education.
In keeping with the Natural Gas Pipeline Safety Act of 1968, 49 CFR 192.614,
Damage Prevention, 192.615 Emergency Plans, the Hazardous Liquids Pipeline Safety
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Act of 1979, 49 CFR, 195.408, Communications, 195.440, Education, and the
Community Right-to-Know Act:
(1) Each pipeline owner/operator shall maintain a public education program which
is communicated to residents and business establishments within six hundred
sixty (660) feet of the centerline of a pipeline.
(2) Pipeline information communicated to residents and business establishments
shall contain the following subjects:
a. Pipeline location.
b. Material transported within the pipeline.
c. Pipeline markers.
d. How to recognize a pipeline leak.
e. How to report a pipeline leak.
f. Contact information regarding underground utility systems
g. Additional requirements for excavations near pipelines.
h. Response needs during a pipeline emergency, including instructions for
sheltering in place.
(3) Public education information will be communicated at least biannually in both
English and Spanish.
Sec. 35-4154. - Violations of article.
(a) Any owner or operator of a pipeline subject to this article, who shall have failed to
comply with this article, shall be deemed to maintain a nuisance.
(b) It shall be a violation of this article for a person to knowingly make a
misrepresentation of any information to be reported under this article. It shall also
be a violation of this article if the person makes such misrepresentation as a result
of failure to exercise such due diligence of investigation or inquiry as would a
reasonably prudent pipeline owner or operator conducting his business within the
city's jurisdiction.
(c) Each violation of any section, subsection, or part of this article shall be a separate
offense. Each day of ongoing violation shall be a separate offense, and shall carry
with it a fine of not less than one thousand dollars ($1,000.00) per day nor more
than two thousand dollars ($2,000.00) per day.
(d) The city shall be entitled to injunctive relief in a court of appropriate jurisdiction to
prevent violation of or to compel compliance with this article.
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Sec. 35-158155. - No grant of city easement; no assumption of responsibility by city.
(a) Nothing in this article grants permission for the use of any street, way, or property of
the city, and any such use shall be subject to consent of the city at its sole
discretion.
(b) Nothing in this article shall be construed as an assumption by the city of any
responsibility of an owner or operator of a pipeline not owned by the city, and no city
officer, employee or agent shall have authority to relieve an owner or operator of a
pipeline from their responsibility under this article or any other law.
Sec. 35-1-53156. - Effect of other laws.
The provisions of this article shall be subject to any federal and state legislation,
rules, or regulations presently or hereafter enacted or adopted to the extent that said
laws and regulations preempt or supersede the authority of the city with respect to this
article or provision hereof.
SECTION 2. If for any reason any section paragraph subdivision clause phrase word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction it shall not affect any other section paragraph subdivision
clause phrase word or provision of this ordinance for it is the definite intent of this City
Council that every section paragraph subdivision clause phrase word or provision
hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. Penalties are as provided in Section 1-6 of the Code of Ordinances.
SECTION 5. This ordinance takes effect after official publication.
15
1311. 32
That the foregoing orkNrw was r d for th first time and passed to its second
reading on this the 6{•----) day of , 2017, by the following vote:
Mayor v&Cat* Ben Molina /. .
Rudy Garza Lucy Rubio 0! r ,
Paulette Guajardo I
1. Greg Smith L4A
i (I I
Michael Hunter l ,A Carolyn Vaughn
Joe McComb •,
I
That the jpregoing ordinance was read for the second time and passed finally on this
the day of 1(1A` , 2017, by the following vote:
Mayor V0,.C( - Ben Molina (IL
Rudy Garza I , A. Lucy Rubio ' 0 i
Paulette Guajardo i ,,_ Greg Smith
� ,
Michael Hunter P Carolyn Vaughn t,�
Joe McComb i 1l
-f --'
PASSED AND APPROVED on this the I day of LA , 2017.
ATTEST: ,
i\r_Lc.e-r,e‘ FtEcutr-Lo . -.- >Rcca Huerta Mayor
City Secretary
EFFE1+'J E DATE 16
15_1111 031132
rA
•
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad# 1609549
PO#
Before me,the undersigned, a Notary Public,this day personally came C`(---a--- who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND
EMPLOYEE OF THE PUBLISHER, namely,the Corpus Christi Caller-Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval,
Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the
publication of NOTICE OF PASSAGE OF ORDINANCE(S)NO which the annexed is a true copy,
was inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 05/15/17 Mon
CC-Internet - caller.com 05/15/17 Mon
k
LEGAL SALES REPRESENTATIVE
On thiriZday of igLat , 20 1 1 I certify that the attached document is a true
and exact copy made by publisher.
Notary Public, State of Texas
MICHELLE JOYCE CABRERA
My Notary ID#124864183
Expires March 19.
=_�_ 2020
Caller-Times Monday, May 15,2017 9B
Legals.=
NOTICE OF PASSAGE OF
ORDINANCE(S)
NO.031132,Ordinance amend-
ing Chapter 35 of the Corpus
Christi Code of Ordinances
to revise Article VII. - HAZ-
ARDOUS SUBSTANCES, LIQ-
UIDS, AND GAS PIPELINES
AND DISTRIBUTION SYSTEM;
and providing for sever-
ance, publication, penalty,
and an effective date. This
ordinance was passed and
approved on second reading
by the Corpus Christi City
Council on May 9,2017.
/s/Rebecca Huerta
City Secretary