The utilities in our area are getting more and more aggressive on the requirements for crossing their lines. Yesterday a gas company told me that I would be required to hydrovac four feet going either direction with their pipeline, four feet on either side of the pipeline, and two feet below their pipeline. If that wasn't enough cost I was told that I would also not be able to dig after that work was done would be required to bore under their line. Is this within their legal right to require this?
A pipeline or a main? I could imagine pipelines have extraordinary requirements.
My line is a water line and I need to cross a gas line. I think they have three lines in their right of way. Badger Daylighting's rates are $325 an hour and for three pipes I think it will be 15 hours plus a 100' bore at maybe $75 per foot. Plus my labor and equipment. That's probably $15,000 for a crossing.
Like anything else, I'm sure it depends on your state laws. I know a lot of times utilities and other large outfits "require" you to do things, but when you look into it, there's nothing they can do to you for your disobedience. I can require you to paint your equipment purple, but if you don't, all I can do is fuss. If you hit the line, and wind up in court, it probably won't look good to the jury that you didn't follow the utilities "established safety policy", so don't hit the line. A couple years ago, I got a real nice 5-year contract to do something at a private barge terminal. A month after we started, I got a packet of forms from the SC State Ports Authority's risk manager. The form letter said that it was their policy to require any contractor working on property adjacent to state port property to have several more types of insurance at much higher limits than my customer, (the property owner, and one of the world's largest paper cos.) required. And, to name the SCSPA as additional insured on all coverage! I checked on it, and found it would take my yearly gross from the contract to buy all this. I pitched the whole mess, and am nearly finished with the contract.
here's a link for you http://www.legis.nd.gov/cencode/t49c23.pdf?20140813215330 north dakota is more liberal, you have 2'...south dakota we have 18" either side of the utility. in other words, if their mark is 19" off and we hit it, it's on their dime.
We have to specifically report when we are not hand digging to expose the line, in other words if we are hydrovac...not sure why this rule... There are circumstances where the gas line owner requires their line to be above or below crossings (can't recall the circumstance at this moment) and if you are looking for an exception to their policy, you will have to jump thru hoops. Could be that, could be fear of "third party damage", could be issues where "sprung leak water line" accelerated soil particles and eroded the gas line causing a huge leak, may have to do with the operating characteristic of the line and its federally classified safety significance, .... Any particulars?
We do a fair amount of work in pumping stations and pipeline maintenance work in the Midwest for a large gas company. On their property our contracts state and it is very strictly enforced that ALL excavations must be by hydro vac or hand. Adds a ton of money to the job but they say no matter who breaks it the public backlash goes back to them, right or wrong. Not sure if they could force that policy on anyone crossing the line unless they own the right of way. Good luck.
Hydrovac is not an issue. We will hydrovac every crossing. Going under or over is not an issue. Ours is a water line. We will go under. We need at east 7 feet of cover. Boring under rather than excavation up to a safe distance (two feet) is the issue. I don't need the expense of boring when I can safely dig and cross the line that has already been hydrovac'd. EDIT: I should have titled the post "Can utility require me to BORE?"
I can see saying you have to hydrovac a certain distance from their line, or even saying you have to bore under it by "X" many feet. But both? Seems kind of ridiculous to do both, but I'm not a utility contractor. John
The way I see it, their right of way, their rules. I've been involved with my share of Gas line crossings, and it's always my goal to make their inspector my new best friend. Around here, they all different, depending on which gas company it is. Crossing protection measures are based on what product the line is carrying, age, condition & depth. If I was the Gas Company, I'd make a contractor do the same thing. Hydrovac, so I can verify the depth , condition and size of the line, then bore under it. Way under it. I think it's a prudent call on their part.
if it is in a public right of way, whether they have easement or not, all utilities with easements there would have to be treated the same, wouldn't they? i think anything in a public right of way would be dictated by state law, and north dakota's state website is easy to navigate.
Not public row. Private land.
I think it will cost more in the long run to not play by their rules. Do a good job by their utilities and managed right it may get you some of their work. Good luck.
It's their ROW and they can require whatever they want. The Fed's also heavy regulate the pipelines - http://phmsa.dot.gov/pipeline/state-programs . This also plays into the mix. Also, they have a whole floor full of lawyers in a tall building somewhere on the payroll, ready to take care of their legal issues...
Is this your water line rshackleford ? Possibly 1 or 1 1/2" pvc going to a home or out building ?
12" private pipeline. I am part owner and the contractor.
We have fifteen crossings.
That's a pretty good size water line at 12 " , we would call it a water main . My suggestion would be for yourself & other owners of the line to have a formal set down talk with someone higher up the chain at the gas company . Being they are so strict on how the job is done then they should be the people working the job through the right of way making the crossing . I would propose a sleeve of some kind under the right of way . Maybe use a larger size plastic sewer main for the sleeve . Then run the 12" water main though the sleeve . That way both lines are protected for future repairs . Best of luck with it .
Even with a sleeve the issue is having to bore each crossing. Lots of cost there when we are capable of dogging safely.
Understand rshackleford . I have to admit when I first looked at the thread I pictured you were just trying to cross the pipe line rite of way with a small water line to a home or something . 12 " main & 15 crossings sounds like a big project . That's allot of water ! Big livestock operation ?