The City of Hesston recognizes its obligation mandated by Section 192.614 and the final rule implements S 3(a)(2) of the National Gas Pipeline Safety Act of 1968 (49 U.S.C. 1672 (a)(2)) to have a damage prevention program to reduce the risk of excavation damage to buried gas pipelines in populated areas.

(Ord. 150-1983-008, Sec. 1)

Excavation Activities shall mean any excavation, including, but not limited to, excavation for any building, structure, underground line, pole, tower foundation, as well as blasting, boring tunneling, backfilling, and including removal of any above or below ground structure by either explosives or mechanical means, as well as any other earth moving operation.

(Ord. 150-1983-008, Sec. 4)

This article is applicable to the location of all gas lines located on public right-of-ways, or city owned easements.  This article does  not pertain to the privately owned gas service lines. 

(Ord. 150-1983-008, Sec. 5)

The city shall provide the location of all gas lines on public right-of-way and/or city owned easements upon request of an applicant for a natural gas excavation permit. 

(Ord. 150-1983-008, Sec. 6; Code 1990)

It shall be unlawful for any person to conduct any excavation activities near a natural gas line without obtaining a natural gas excavation permit from the city clerk.  The application for such permit shall be made on a form supplied by the city and the permit obtained before any excavation activities are commenced. 

(Ord. 150-1983-008, Sec. 7; Code 1990)

The application for a natural gas excavation permit shall contain, but not be limited to, the following information:

(a)   The name and address of the applicant.

(b)   The time and date of commencement of the activities.

(c)   The date of application.

(d)   The telephone number of the applicant.

(e)   A description of the project, including footage involved if applicable.

(f)   Estimated time and date for completion of the project.

(g)   Evidence of insurance coverage.

(h)   Dates of inspection by the city and final approval date by the city.

(i)    Such other information as may be pertinent to the issuance of the required permit.

(Ord. 150-1983-008, Sec. 7; Code 1990)

If the application is approved by the city, the city clerk shall issue a permit upon payment of a fee of $5.00.  Each permit issued under the provisions of this section shall cover only one specified excavation.

(Ord. 150-1983-008, Sec. 7; Code 1990)

Upon the completion of any gas pipeline excavation work covered by this article, it shall be the duty of the person doing such work to notify the building inspector and request that it be inspected; after which such work shall be inspected promptly as hereinafter provided.

(Ord. 150-1983-008, Sec. 9; Code 1990)

All excavators seeking a permit under the provisions of this article shall procure and maintain a liability insurance policy in the amount of $300,000 general liability single limit or $100,000 for the death or injury of any one person and $300,000 for the death or injury of any number of persons in any one accident and $100,000 for property damage in any one accident.  Such policies of insurance shall be issued by some insurance company authorized to do business in the State of Kansas.  An excavator may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 10 days notice in writing to the city; and that the certificate shall be filed for an annual period beginning January 1 and ending December 31 of such year. 

(Ord. 150-1983-008, Sec. 11; Code 1990)

(a)   If blasting is required on the project a special blasting insurance policy, provided by the applicant, shall be provided in an amount designated by the city administrator.

(b)   If permission is granted for blasting, the city, or the applicant, must provide a leak detection survey which will be performed prior to acceptance by the city.

(Ord. 150-1983-008, Sec. 8)

The city does provide on call service in and after normal working periods by requests made to the Emergency 911 telephone number of the Harvey County Communications Center.

(Ord. 150-1983-008, Sec. 10; Code 1990)