Kentucky Public Service Commission - Underground Facilities Protection Law Overview
Kentucky Public Service Commission enforces the Underground Facility Damage Prevention Act, which sets requirements for excavators and operators to prevent damage to underground facilities such as telecommunications, electricity, natural gas, and more. The law defines key terms like damage, excavator, and operator, emphasizing the importance of safe excavation practices to avoid emergencies and service interruptions. Nonintrusive excavating methods and the Kentucky 811 Protection notification center play vital roles in promoting underground facility safety.
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KENTUCKY PUBLIC SERVICE COMMISSION Kentucky s Underground Facilities Protection Law Something Old, Something New, Something Burrowed, Something Blew 1
KENTUCKY PUBLIC SERVICE COMMISSION DON T LET THIS HAPPEN TO YOU 2
KENTUCKY PUBLIC SERVICE COMMISSION The statute: Underground Facility Damage Prevention Act of 1994 Effective January 1, 1995 KRS 367.4901 through 367.4917 Most recently amended in 2018 Establishes one-call (811) center Sets requirements for excavators and operators Establishes enforcement mechanisms 3
KENTUCKY PUBLIC SERVICE COMMISSION Underground facilities include: Both lines and associated facilities: vaults, manholes, tanks, etc. for: Telecommunications Electricity Natural gas Petroleum/petroleum products Cable television Hazardous liquids Water Sewage Steam 4
KENTUCKY PUBLIC SERVICE COMMISSION Key definitions: Damage: Doesn t have to be a puncture. Includes any weakening of structural or lateral support or penetration of protective coating or housing. It s just a scratch may still be damage. Excavator: Anyone using mechanized equipment for excavation (which is defined in detail in the statute), demolition (also defined) or timer harvesting (not defined). Operator: Anyone owning or operating underground facilities. Emergency: An event that poses likelihood of loss of life or property, danger to health or environment, interrupts utility service or blocks transportation facilities. 5
KENTUCKY PUBLIC SERVICE COMMISSION Key definitions: Working day: 24 hours, except Saturday, Sunday or holiday. Approximate location: 18 inches either side of metallic facilities or those with tracer wire; otherwise, location based on field records and bearing an advisory from operator that precise location is unknown. Nonintrusive excavating: Hand tools; air or water digging. Mechanized equipment: Anything with a motor. Kentucky Contact Center: Kentucky 811 Protection notification center: Operator-provided call center for operators who do not belong to 811. 6
KENTUCKY PUBLIC SERVICE COMMISSION Just because you have a permit for excavation work or demolition, that doesn t mean you don t have to call before you dig. (KRS 367.4905.) 7
KENTUCKY PUBLIC SERVICE COMMISSION Emergency exemption: Authorized persons responding to emergency situations are exempted from KRS 367.4905 through 367.4917. However, they must take every reasonable precaution to protect the public safety and underground facilities of others. 8
KENTUCKY PUBLIC SERVICE COMMISSION Operator responsibilities (KRS 367.4909): Belong to Kentucky 811 or provide protection notification center access to excavators. If a member of 811, provide the call center with updated information on the location of its facilities. Respond to non-emergency locate requests within 2 working days (except large projects in excess of 2,000 linear feet). Respond to emergency locate requests within 48 hours this includes weekends, holidays. Respond to large projects requests within 5 working days of request or project start date, whichever is later. Respond to design information requests within 10 days.
KENTUCKY PUBLIC SERVICE COMMISSION Operator responsibilities (KRS 367.4909): After a locate request is received, the operator must: Inform the excavator of the location of facilities that may be damaged or pose a safety concern. Inform the excavator of any other information that would assist in locating or avoiding contact with the facilities. If no permanent markings are present, provide temporary markings to locate the facility. Notify the excavator if no facilities are present. Notify the excavator if unable to comply within the required time due to weather or other extraordinary conditions. 10
KENTUCKY PUBLIC SERVICE COMMISSION Important operator responsibility (KRS 367.4909 (11)): All new facilities must include means to accurately identify and locate the facility from the surface. (for example, tracer wire) (does not apply to repairs of existing facilities) 11
KENTUCKY PUBLIC SERVICE COMMISSION Location color codes (paint or flagging): Electric: safety red Natural gas, oil, hazardous liquids: safety yellow Telecomm, cable TV: safety orange Water: blue Sewer: green Temporary survey markings: pink Reclaimed water, slurry, irrigation: purple Excavation boundaries: White 12
KENTUCKY PUBLIC SERVICE COMMISSION Excavator requirements (KRS 367.4911): Make locate request 2 full workings days before scheduled start, but not more than 10 full working days before. Provide the protection center with name and address of excavator; location of the site or sites; type and extent of excavation; contact number for person responsible for the work to be performed. If more than one excavator at a site, each must notify the protection center. Notification by excavator covers all employees. But, if excavator doesn t call the protection center, on-site employees are responsible. 13
KENTUCKY PUBLIC SERVICE COMMISSION Excavator requirements (KRS 367.4911): If facilities are marked before 2 days have elapsed, excavation may begin only if the excavator has been notified that all marking is complete or that there are no facilities in the area. Markings are good for 21 calendar days. Excavator is responsible for maintaining markings until work is completed. If work is not completed within 21 days, protection center must be notified to request remarking on day 19 2 days before expiration. Remarking must be requested if markings are removed or no longer visible or if excavation plan or location has changed. 14
KENTUCKY PUBLIC SERVICE COMMISSION Excavator requirements (KRS 367.4911): Excavator shall provide on-site employees with location information provided by each operator, any related safety information provided by operators, and locate ticket number assigned by protection center. If, after 2-day period for marking has expired, excavator finds evidence of unmarked facilities, protection center must be notified immediately. If requested by operator, or if the proposed excavation location cannot be accurately identified, the excavator must mark the location being excavated using white paint or flagging. The excavator then must make another locate request. 15
KENTUCKY PUBLIC SERVICE COMMISSION Excavator requirements (KRS 367.4911): When excavating within the approximate location of an underground facility (18 inches either side of metallic facilities or those with tracer wire; otherwise, location based on field records and bearing an advisory from operator that the precise location is unknown) an excavator MUST use hand digging or other non-intrusive means in order to avoid damage. 16
KENTUCKY PUBLIC SERVICE COMMISSION Excavator requirements (KRS 367.4911): If an excavator damages an underground facility, the excavator must: Stop all work immediately. Notify the operator. If there is a safety concern, notify appropriate public safety agencies. If there is an escape of any flammable, toxic or corrosive gas or liquid, call 911 immediately. 17
KENTUCKY PUBLIC SERVICE COMMISSION Notification center responsibilities (KRS 367.4913): Operate during working days/hours. Provide information to operators for each locate request. Maintain list of all operators, with contact information, by county. Provide information to county clerk, to be provided upon request to the public. Process design information requests. Provide location request ticket number to excavator. 18
KENTUCKY PUBLIC SERVICE COMMISSION Exemptions (KRS 367.4915): Excavation by operator in own easement, if no other operator s facilities cross easement. Routine road or railroad repairs. Agricultural soil tilling. Non-mechanized excavation on private property, outside of any operator s easement or right-of- way. Grave opening in a cemetery. 19
KENTUCKY PUBLIC SERVICE COMMISSION Exemptions (KRS 367.4915): Landfill operations at permitted site Coal mining at regulated location. Emergency work by utility operator or utility contractor. Leak migration testing using metal hand probes. Nonintrusive excavation by operator or contractor in order to provide location in response to excavator request. 20
KENTUCKY PUBLIC SERVICE COMMISSION Notification center responsibilities (KRS 367.4913): Operate during working days/hours. Provide information to operators for each locate request. Maintain list of all operators, with contact information, by county. Provide information to county clerk, to be provided upon request to the public. Process design information requests. Provide location request ticket number to excavator. 21
KENTUCKY PUBLIC SERVICE COMMISSION Penalties/enforcement - general (KRS 367.4915): Excavators - $250- first offense; $1,000 second offense within a year; $3,000 third and subsequent offense. Operators - $250- first offense; $1,000 second offense within a year; $3,000 third and subsequent offense. Protection center - $1,000 per offense. False request for emergency locate - $1,000 per offense. Any law enforcement agency may assess penalties. Funds remain with jurisdiction that collects them. 22
KENTUCKY PUBLIC SERVICE COMMISSION Some helpful hints for excavators: Don t assume all pipes or lines are straight. Don t assume facility depths are uniform. Don t remark or improve markings on your own. Don t assume everything has been marked just because some things have. Don t assume permanent pipeline markers are exactly above the pipe. 23
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KENTUCKY PUBLIC SERVICE COMMISSION Recent changes to the law that affect water utilities 26
KENTUCKY PUBLIC SERVICE COMMISSION Why is the law changing? Conformity with federal pipeline safety regulations Too many gas line accidents 27
KENTUCKY PUBLIC SERVICE COMMISSION THE BASIC PROVISIONS AND REQUIREMENTS OF THE LAW ARE NOT CHANGING. THE ONLY CHANGE IS A NEW ENFORCEMENT PROVISION THAT APPLIES ONLY TO NATURAL GAS AND HAZARDOUS LIQUID PIPELINES. 28
KENTUCKY PUBLIC SERVICE COMMISSION Senate Bill 104 amended portions of KRS 367.4903 KRS 367.4917 to conform to federal pipeline safety requirements Changes took effect July 14, 2018 PSC now has responsibility to investigate excavation damage to natural gas and hazardous liquid pipelines and to assess penalties if violations are found Existing call-before-you-dig location requirements and excavation requirements do not change 29
KENTUCKY PUBLIC SERVICE COMMISSION The changes in the law apply to water districts and their contractors in their capacities as excavators 30
KENTUCKY PUBLIC SERVICE COMMISSION If damage to a natural gas or hazardous liquid pipeline occurs, the PSC will look at the following issues: Was a timely location request made? Did excavation begin in the absence of location markers? Were the facilities properly and accurately located? Was the damage reported to the operator? Were the appropriate excavation methods used in close proximity to the pipeline that was damaged? Do any of the statutory exemptions apply? 31
KENTUCKY PUBLIC SERVICE COMMISSION Key exemption: Utility operators or contractors performing emergency work Emergency: loss of life or property; inability to restore utility service; imminent danger to health or environment; blockage of transportation facilities 32
KENTUCKY PUBLIC SERVICE COMMISSION Reporting requirement: Report due to PSC from operator within 30 days of excavation damage incident PSC staff will use report to determine whether further action is necessary Online reporting system is in place 33
KENTUCKY PUBLIC SERVICE COMMISSION Penalties with $1,000 enhancement that applies to natural gas and hazardous liquid pipelines: First offense: $1,250 Second offense: $2,000 Subsequent offenses: $4,000 Failure to request a location (failure to call 811) WILL result in a penalty if a pipeline is damaged (unless exemptions apply) Penalties may be imposed by a demand letter or following an administrative hearing before the PSC.
KENTUCKY PUBLIC SERVICE COMMISSION PSC enforcement: The PSC is using a common-sense approach First-time violators have an opportunity to reduce penalties by attending a two-hour educational session at the PSC (held quarterly first one is November 5) 35
KENTUCKY PUBLIC SERVICE COMMISSION PSC enforcement: 100+ completed reports have been received from natural gas pipeline operators and entered into PSC system Another 50+ awaiting processing Several dozen demand letters issued At least 10 people enrolled in educational session 36
KENTUCKY PUBLIC SERVICE COMMISSION PSC enforcement: The primary purpose is to reduce accidents and improve safety. 37
KENTUCKY PUBLIC SERVICE COMMISSION Resources: PSC website: psc.ky.gov New call-before-you-dig webpage launched in June Statutes FAQs News releases Kentucky 811 website: Kentucky811.org 38
KENTUCKY PUBLIC SERVICE COMMISSION For more information: Mike Nantz Division of Inspections 502-782-2602 502-545-2141 Michael.Nantz@ky.gov Andrew Melnykovych Director of Communications 502-782-2564 Andrew.Melnykovych@ky.gov 39
KENTUCKY PUBLIC SERVICE COMMISSION THANK YOU! Questions?? 40
