§ 32-215. Pipeline information reporting requirements.

(a)

Each pipeline owner or operator shall provide to the city secretary, the fire department, and county sheriff's office the names, mailing addresses, and telephone numbers of at least two primary persons, officers or contacts available on a 24-hour basis and at least two alternative persons, officers or contacts to be reached in the event that the primary contacts are unavailable who:

(1)

Can initiate appropriate actions to respond to an emergency;

(2)

Have access to information on the location of the closest shutoff valve to any specific point in the city or its jurisdiction; and

(3)

Can furnish the common name of the material then being carried by the pipeline.

Any change in the above information must be provided to the city by contacting the city secretary prior to such change.

(b)

Every owner or operator of a pipeline subject to this division shall be required to present to the city council in a public meeting a safety report and file with the city an annual verified safety report in letter form on or before June 30 of each year to cover a reporting period of June 1 through May 31. The written safety report shall contain the following information and the information shall be presented to the city council by every owner or operator of a pipeline subject to this division in the required public hearing before the city council:

(1)

A statement that the pipeline has no outstanding safety violations as determined in an inspection or audit by either the state railroad commission and/or the U.S. Department of Transportation with regard to any pipeline operating within the city or its jurisdiction. Alternatively, if there are any safety violations as determined by the state railroad commission and/or the U.S. Department of Transportation that have not been corrected, these shall be described to the city with an action plan to correct the safety violations. The action plan shall include a timeline for corrective action and the individual or firm responsible for each action.

(2)

Evidence that the pipeline owner or operator has current liability insurance covering each respective pipeline in the minimum amount of $5,000,000.00 or has a self-insured signed program, verified by an independent certified public accountant, which program and verification will be reviewed and judged to determine equivalency by the city. Insurance carriers must be licensed to conduct business in the state and possess at least an A rating by the A.M. Best Company.

(3)

A statement that the pipeline information specified in subsection (a) of this section is correct. Alternatively, in the event that the required information on file with the city is no longer correct, updated or corrected information shall be submitted within five calendar days of the change and the updated information shall be submitted with the annual safety report.

(4)

Owners or operators of any unregulated pipeline who shall experience no reporting responsibility to the state railroad commission or the U.S. Department of Transportation and who may otherwise operate outside the safety regulation of either of these agencies shall additionally provide the following pertaining to the preceding reporting period of June 1 through May 31:

a.

Copies of internal reports of responses to pipeline emergencies, as pipeline emergency is defined in this division;

b.

Current operations and maintenance logs; and

c.

Current emergency action plan.

(5)

A log of all the maintenance and monitoring activities conducted on all lines subject to this division for the reporting period shall be made available upon request by the city.

(6)

The designated owner or operator shall submit the annual safety report with respect to all pipelines subject to the ordinances of the city. The safety report 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 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 for oil and gas pipelines. 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 on the standard of inquiry and investigation as would be made by a reasonably prudent pipeline owner or operator within the city or within the city's jurisdiction.

_____
Signature of officer or person authorized to sign letter

 

State of Texas

County of [place where safety letter is prepared]

The foregoing annual safety report letter was sworn to and subscribed before me by (signatory of letter) on this ____________ day of ____________ , 20 ____________ .

Signed:

_____ Notary Public for the State of Texas

 

Printed Name: ____________

My Commission Expires: ____________ / ____________ / ____________

(7)

An annual fee in the amount of $100.00 for administrative costs shall be remitted by each owner or operator for each pipeline on or before June 30 of each year with the annual safety report letter as required herein.

(8)

A copy of all initial or follow-up reports provided to the U.S. Department of Transportation or the state railroad commission on unsafe pipeline conditions, pipeline emergencies, or pipeline incidents within the city's jurisdiction must be filed concurrently with the city. 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 that threaten to impact the environment, public health or safety must be filed concurrently with the city.

(9)

Upon written request, the pipeline owner or operator shall make available during normal business hours and at the pipeline owner or operator's local office, documents for review that are required for submittal to or to be maintained on file for the U.S. Department of Transportation and the state railroad commission such as:

a.

Operations and maintenance;

b.

Employee training;

c.

Annual inspection;

d.

Repair records;

e.

Operating records; and

f.

Insurance.

In the case of unregulated pipelines, the city may request any such additional information that the city deems may be necessary to the best interests of the city and to be necessary to protect the public health, safety, and welfare.

(Code 1994, § 4.925; Ord. No. 430, § 1, 9-17-2007)