§ 34-301. Minimum standards.

(a)

All new pipelines within the city shall be designed and constructed in accordance with the latest approved minimum standards, if applicable, established by the U.S. Department of Transportation, the state railroad commission or any other entity having regulatory authority over pipeline safety and construction matters and in compliance with any reasonable special requirements that are not inconsistent with other applicable laws and regulations, to avoid interference with use or maintenance of public ways established as a condition of permit approval by the city. The operation and maintenance of all pipelines, including without limitation existing pipelines within the jurisdiction shall conform in all respects to the standards, rules and regulations, if applicable, established by the U.S. Department of Transportation and the state railroad commission.

(b)

No new pipeline or existing pipeline shall be laid, constructed, adjusted, replaced, repaired, operated or maintained in such a manner as to interfere with the construction, maintenance or repair of any public way in which such pipeline is located. If it shall develop that any such pipeline interferes with the construction, maintenance or repair of any public way or for reasons of public safety and welfare, upon request of the director, such pipeline shall be changed or altered promptly under the existing public way by the owner or operator of such pipeline in such a manner as to interfere no longer with such construction, maintenance, repair or the safety of the traveling public. The cost and expense of such change or alteration shall be borne in accordance with the established principles of law concerning prior existing rights.

(c)

No permit for a new pipeline shall be issued unless so much of the entire pipeline proposed to be laid in any undeveloped or unplatted area within the jurisdiction is to be buried and laid to a depth of at least three feet measured between the top of the line and the natural surface of the ground, unless the director approves or recommends that at any particular point a lesser depth is permitted. If at any particular point the director determines in the director's reasonable professional judgment for specified technical reasons that a greater depth is required, such permit will not be granted except upon agreement by the owner or operator to comply with such required depth.

(Code 1967, § 11¼-23; Ord. No. 7839, § 1, 11-12-96)