HomeMy WebLinkAbout021776 ORD - 10/19/1993AN ORDINANCE
PROVIDING EMERGENCY RESPONSE COORDINATION FOR
PIPELINES TRANSPORTING HAZARDOUS SUBSTANCES, LIQUIDS,
AND GASES, INCLUDING INFORMATION REPORTING
REQUIREMENTS FOR EXISTING AND NEW PIPELINES,
INSURANCE, EMERGENCY PROCEDURES, FEES, PROCEDURES
FOR INSTALLATION OF NEW PIPELINES, PIPELINE MARKERS,
PROCEDURES FOR INACTIVE AND IDLED PIPELINES, PUBLIC
EDUCATION, AND OTHER REGULATIONS FOR THE PUBLIC
HEALTH AND SAFETY; PRESCRIBING FINES OF NOT LESS THAN
$1000 NOR MORE THAN $2000 PER VIOLATION AND INJUNCTIVE
RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR EFFECTIVE DATES.
WHEREAS, the Community Right -To -Know Act authorizes the City of Corpus
Christi to protect the public and emergency response personnel by issuing pipeline mapping
regulations necessary to plan for and manage emergencies associated with releases of
hazardous substances; and
WHEREAS, the City of Corpus Christi as a home rule city under Texas law
is fully authorized to issue regulations protecting the public health, safety, and welfare; and
WHEREAS, Federal regulations implementing the Natural Gas Pipeline
Safety Act of 1968 further obligate pipeline operators to make procedures to establish
liaison, notify, and coordinate with local emergency response organizations for the express
purposes of identifying the types of gas pipelines emergencies to which local officials may
be called upon to respond; planning for such emergencies; and engaging in mutual assistance
to minimize hazards to life and property. 49 Code of Federal Regulations Part 192.615; and
WHEREAS, there are in the community pipelines unregulated by either
federal or state agencies responsible for safety standards enforcement; that the location and
contents of such pipelines are unknown to emergency planners; and
WHEREAS, the City Council of the City of Corpus Christi finds that the
regulations contained in this Ordinance are necessary to protect the public health, safety,
and welfare; and
WHEREAS, Section 217.042 of the Texas Local Government Code authorizes
the City of Corpus Christi to define and prohibit conditions which threaten public health,
safety, and welfare within its city limits and within 5,000 feet outside such limits; and
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WHEREAS, the City Council of the City of Corpus Christi finds that pipelines
existing and operating without compliance with the provisions of this Ordinance present a
serious risk and hazard to the public and to emergency response personnel, and such
existence and operation without compliance with this Ordinance is hereby found and
declared to be a condition regulable under Section 217.042, Texas Local Government Code,
and subject to the remedies provided for herein and by other applicable law.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City of Corpus Christi Code of Ordinances, Chapter 35
entitled Oil and Gas Wells be amended to read Oil and Gas Wells, Hazardous Substances,
Liquids, and Gas Pipelines and Distribution Systems; that Sections 35-136 through 35-145
be reserved to Article VI; that Article VII be added to read as follows:
ARTICLE VII. HAZARDOUS SUBSTANCES, LIQUIDS, AND GAS PIPELINES AND
DISTRIBUTION SYSTEMS
Sec. 35-146. Definitions.
(a) 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.
(b) Hazardous liquid, as defined by the Texas Railroad Commission at 16 Texas
Administrative Code, Sec. 7.80. Definitions, shall mean petroleum or any petroleum
product, and any substance or material which is in a liquid state, 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. The term shall be enlarged to include liquified natural gas, and
anhydrous ammonia should such materials at any time be introduced into any
pipeline subject of this Article. It shall also include carbon dioxide, defined at 49
CFR 192.2, as a fluid consisting of more than 90% (per cent) carbon dioxide
molecules compressed to a supercritical state.
(c) 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 5,000 feet beyond the corporate boundaries of the City, under
authority of the Texas Local Government Code, Sec. 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.
(d) Idled pipeline shall mean a pipeline that has been inactive for at least five (5) years.
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(e) Inactive pipeline shall mean a pipeline that has temporarily been taken out of service
for a period of at least six months for hazardous materials or hazardous liquids and
one year for natural gas with the expectation that the pipeline may be reactivated
within five years even though there may be no specific plans to reactivate the
pipeline.
(f) 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.
(g) Owner or Operator shall mean any person who engages in the pipeline transportation
or movement of gas, hazardous liquids, or chemicals.
(h) Person shall mean any individual, corporation, joint venture, partnership, municipality,
or legal entity, including trustee, assignee, receiver, and personal representative.
(i) 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 ordinance are pipelines with normal operating pressures
below 20 pounds per square inch gauge. Also exempted are those pipelines which
meet all of the following three 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.
(j) New Pipelines, as referred to in Sec. 35-153, shall mean pipelines constructed after
the effective date of this ordinance 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 50 feet from its original position; or (c) surface
appurtenances added to existing pipelines.
(k) 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)
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.
death of any person.
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.
damage to private or public property not owned by the pipeline owner or
operator in excess of $5000 in combined values.
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 ordinance, shall furnish the Emergency Management Office the following
information for retention purposes:
1. Six (6) copies 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 ± 25 feet horizonal. 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;
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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).
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 14 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 officer,
person or contact (example: manned response center, a title such as a Dispatcher,
etc.) available on a twenty-four hour basis who:
can initiate appropriate actions to respond to an emergency situation
has access to information on the location of the closest shut-off valve to any
specific point in the City or its jurisdiction
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 (512-886-2802) 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 City Manager or his designee on or before
March 31 of each year to cover a reporting period of March 1 through February.
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
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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 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.
3. Stating that the pipeline information on file with the Emergency Management
Office as described in paragraphs (a) and (b) in Sec. 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:
- Copies of internal reports of responses to pipeline emergencies, as pipeline
emergency is defined in this Article;
- current operations and maintenance manual
- 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 ordinance. 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
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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 , 19
Signed:
Notary Public for the State of Texas
Printed name:
My commission expires:
(d) An annual fee in the amount of one hundred dollars ($100.00) 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 (c). No single owner or operator shall be required to pay more than
$1,000.00 in administrative costs for the first year of this reporting requirement,
which report shall be due March 31, 1994.
(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 City 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 City Manager.
(f) Upon request the pipeline owner or operator will provide the City Manager other
documents for review which are required for submittal to or to be maintained on file
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for the U.S. Department of Transportation and the Texas Railroad Commission such
as:
operations and maintenance manuals
employee training records
annual inspection reports
repair records
operating records
insurance policy
In the case of unregulated pipelines, the City Manager 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
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) no later than one hour after the discovery of the incident
at Corpus Christi Fire Department Station #9 (512-884-8512), or successor
telephone number of the LEPC.
Sec. 35-149. Incident Reporting: Non -Emergency Leaks
(a) Non -emergency pipeline leaks which are required to be reported to the U.S.
Department of Transportation or to the Texas Railroad Commission shall also be
reported to the Local Emergency Planning Committee (LEPC). Leaks of certain
materials required by the Comprehensive Environmental Response, Compensation,
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and Liability Act (CERCLA) to be reported to the LEPC no later than one hour
after discovery shall be reported by contacting CCFD Station #9 (512-884-8512), or
successor telephone number of the LEPC.
Sec. 35-150. 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:
Prompt and effective response to emergencies including:
i. leaks or releases which can impact public health or safety,
ii. fire or explosions at or in the vicinity of a pipeline or pipeline facility,
iii. natural disasters.
Effective means to notify and communicate required and pertinent
information to local fire, police, and public officials during an emergency.
The availability of personnel, equipment, tools, and materials as necessary at
the scene of an emergency.
Measures to be taken to reduce public exposure to injury and probability of
accidental ignition.
Emergency shutdown and pressure reduction of any section of a pipeline
system.
The safe restoration of service following an emergency.
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:
furnish or update a copy of the emergency response plan described in Sec. 35-
150(a),
review the responsibilities of each governmental organization in response to
an emergency,
review the capabilities of the owner or operator to respond to an emergency,
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identify the types of incidents which will result in or require contacting the
city,
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. 35-151. 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 belong to a specifically designated
underground utility coordinating system. The coordinating system shall be designated
by the pipeline owners and operators in consultation with the City and the Local
Emergency Planning Committee. A selected underground utility coordinating system
will be utilized for a minimum of five years unless there is an agreement to change
to an alternate system between the city, pipeline owners and operators and the Local
Emergency Planning Committee. The selected underground utility coordinating
system may be different that the one used by the City for other underground utility
services such as the LDC.
(b) Prior 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 all the appropriate underground utility coordinating
systems 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 ordinance, unregulated as well
as those operating under state and federal rules.
(b) If non -emergency repairs necessitate excavation of the pipeline, prior notification is
required to occupants of business establishments and residential dwellings located
within 300 feet from the centerline of the situs of the pipeline excavation; however,
if non -emergency repairs require excavation of a pipeline located within twenty-five
(25) feet of another pipeline. prior notice obligations shall be enlarged from 300 feet
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to 500 feet for locations within said 500 feet which are occupied by more than twenty
(20) buildings. intended for human occupancy. and/or well-defined outside
recreational areas or other places of public assembly.
(c) Above ground non -emergency repairs that are not routine maintenance necessitate
prior notification to occupants of businesses and residential dwellings within 100 feet
from the centerline of the pipeline section to be repaired.
WI 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. 35-153. New Pipelines.
(a) At least 45 days prior to the scheduled commencement of the construction of a new
pipeline, the pipeline owner or operator shall notify the City Manager, or his
designee, of its intention to construct the pipeline and shall submit the following
information:
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:
The person submitting the information,
The person designated as the principal contact for submittal
information,
The person designated as the 24 hour emergency contact,
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.
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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
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 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 revocable 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 shall be provided in the public notice section of at least two five (5) successive
issues and include the following information:
i. general description of planned activity
ii. proposed pipeline construction area
iii. type of material to be transported
iv. pipeline owner or operator
v. location of proposed pipeline information for public review
vi. 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 Sec. 35-153(c) for a period of 14 days following the publication of the first public
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notice and submit comments, if any, within such period to both the Director of
Engineering Services and the pipeline owner or operator.
(e) Within 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 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, non -resolvable technical issues, construction of the pipeline
will proceed. If there are substantive, non -resolvable 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 days as provided in subsection (g) below.
(g)
An administrative hearing shall be conducted to seek resolution of any substantive,
non -resolvable technical issues. The hearing will be conducted before the Pipeline
Review Panel [see Section 35-153(h)]. A quorum of at least three Pipeline Review
Panel members must be present to conduct the hearing with at least one of the panel
members present at the hearing having emergency management/LEPC expertise. The
Pipeline Review Panel will render a decision within seven days of the date of such
hearing.
(h) The City Council shall appoint five (5) persons to the Pipeline Review Panel who
shall have technical expertise in the construction, maintenance, or operation of
pipelines, at least one of which shall have emergency management experience.
Personnel of the City's Emergency Management Office will supply staff support to
the Panel.
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.
The pipeline owner or operator will give notice of the commencement of pipeline
construction to all residents and business establishments that are within 300 feet of
the proposed centerline of the pipeline, but not less that 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 120 days. Accuracy of as -built
drawings shall meet a survey level of 1 foot to 50,000 feet. The drawings shall also
be supplied in a DXF computer file with the location tied to one nearby GPS
(Global Positioning System) City monument. If the new pipeline length exceeds 1000
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feet within the City or its jurisdiction, the pipeline should be tied to at least two GPS
city monuments.
(1) 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 Sec. 35-153 (a) -(g) as if it were new pipeline
construction.
(m)
The City Manager or his designee has the authority under this ordinance to modify
any of the procedural requirements in Sec. 35-153 if it is in the best interest of the
City of Corpus Christi.
Sec. 35-154. Pipeline Markers.
(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:
- pipeline owner or operator
- 24 hour contact telephone number
- 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.
(c) No person shall tamper with, deface, damage, or remove any pipeline marker, 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.
Sec. 35-155. Inactive and Idled Pipelines.
(a) Inactive pipelines:
1. All reporting records specified in Section 35-147 of this ordinance shall be
maintained on inactive pipelines.
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2. Inactive pipelines shall be purged of gas, hazardous liquids, and chemicals,
and physically isolated. These pipelines shall be maintained to prevent
deterioration.
3. The means used to physically isolate the inactive pipeline shall be included
in the information retained on file for reporting as specified in Sec. 35-147.
(b) Idled pipelines:
1. An entry shall be made to the required reporting records in 35-147 that the
pipeline has been idled.
2. Idled pipelines shall be purged, disconnected from all sources or supplies of
gas, hazardous liquids, and chemicals, and capped or sealed at the ends.
3. Reactivation of idled pipelines shall require notification to the Emergency
Management Coordinator, the City's Director of Planning, and the City's
Director of Engineering Services. Included in the notification shall be any
updates to the pipeline information required in Sec. 35-147. Reactivation shall
require pressure testing for integrity and compliance with U.S. Department
of Transportation regulations.
Sec. 35-156. 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 Act of 1979,
49 CFR, 195.408, Communications, 195.440, Education, and the Community Right -to -Know
Act:
(a) Each pipeline owner/operator shall maintain a public education program which is
communicated to residents and business establishments within 660 feet of the
centerline of a pipeline.
(b) Pipeline information communicated to residents and business establishments shall
contain the following subjects:
pipeline location
material transported within the pipeline
pipeline markers
how to recognize a pipeline leak
how to report a pipeline leak
contact information regarding underground utility systems
additional requirements for excavations near pipelines
response needs during a pipeline emergency, including
sheltering in place.
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(c) Public education information will be communicated at least annually in both English
and Spanish.
Sec. 35-157. 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 $1,000.00 per day nor more than $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 ordinance.
Sec. 35-158. 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 ordinance or any other law.
Sec. 35-159 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
judgement of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, work 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.
c:\SF\PIPERED.ORD
10-14-93
16
SECTION 3. Publication shall be made one time in the official publication
of the City of Corpus Christi by publishing the caption. This Ordinance shall become
effective three months following such publication, except that Article VII, Sections 35-
147(a), 35-151, and 35-155 shall become effective five months following date of publication.
c:\ SF\PIPERED.ORD
10-14-93
17
That the foregoing ordinance was read for the first time and passed
to its second reading on this the (2 day of CC+o b r
19 Oda , by the following vote:
Mary Rhodes CU4 p Edward A. Martin L)i; Jack Best C�iYy _ r. David McNichols
Melody Cooper /(k Ly -
David Noyola �(Ly
Cezar Galindo GC(
•li- Clif Moss
Betty Jean Longoria �l',-1,d
That the foregoing ordinance wpp read for the second time and
passprd finally on this the VA day of 0(tic
4 V ,
19 90 , by the following vote• /�)
Mary Rhodes CL)pi Edward A. Martin L,(,i�l v
Jack Best n 1 7Dr. David McNichols (try_
Melody Cooper C{ 7�1,(i David Noyola ab ✓i
Cezar Galindo l Clif Moss (by}
'�
Betty Jean Longoria 1 1� J
PASSED AND APPROVED, this the PI day of
19 16
Octcilo v ,
City Secretary
APPROVED: L5,64, , DAY OF
MAYO �J~
THE OF CORPUS CHRISTI
JAMES R. BRAY, JR., CITY ATTORNEY
By &Mk kiQrr/uoi
Assist nt City Attorney
\form.\044
0 M
, 19 93 .
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: AD# 54859
POI
Before me, the undersigned, a Notary Public, this day personally
came Beverly Bennett, who being first duly sworn, according to
law, says that she is Business Office Secretary of the Corvus
Christi Caller -Times, a daily newspaper published at Corpus
Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE NO. 021776 PROVIDING EMERGENCY
RESPONSE COORDINATION FOR PIPELINES TRANSPORTING HAZARDOUS which
the annexed is a true copy, was published in the Corpus Christi
Caller -Times on the 25th day(s) of October, 1993.
One Time(s)
$ 59.20
L -C.)
Business Office `Secretary
Subscribed and sworn to before me this 10th day
of November, 1993.
Notary Public, Nueces County, Texas