Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 13 - Hazardous Liquid Pipelines and Underground Storage › Rule 199-13.1 - General Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose and authority.
The purpose of this chapter is to
			 implement the requirements of Iowa Code chapter 479B to establish procedures
			 and filing requirements for a permit to construct, maintain, and operate an
			 interstate hazardous liquid pipeline, for an amendment to an existing permit,
			 and for renewal of an existing permit. This chapter also implements the
			 requirements of Iowa Code chapter 479B for permits for underground storage of
			 hazardous liquids. The rules in this chapter relating to hazardous liquid
			 pipelines and underground storage of hazardous liquids are adopted by the Iowa
			 utilities commission pursuant to Iowa Code chapter 479B.
(2)
When a permit is
			 required.
A hazardous liquid pipeline permit shall be required for any
			 hazardous liquid pipeline to be constructed in Iowa, regardless of length or
			 operating pressure of the pipeline.
(3)
Definitions.
Words and
			 terms not otherwise defined in this chapter shall be understood to have their
			 usual meaning. For the administration and interpretation of this chapter, the
			 following words and terms shall have the following meanings:
"Affected person"
means any person with a
				legal right or interest in the property, including but not limited to a
				landowner, a contract purchaser of record, a person possessing the property
				under a lease, a record lienholder, and a record encumbrancer of the
				property.
"Amendment of permit"
means changes to the
				pipeline permit or pipeline that require the filing of a petition to amend an
				existing pipeline permit as described in rule 199-13.9 (479B).
"Approximate right angle"
means within 5
				degrees of a 90-degree angle.
"CFR"
means the Code of Federal Regulations,
				which contains the general administrative rules adopted by federal departments
				and agencies, in effect as of October 13, 2021, unless a separate effective
				date is identified in a specific rule.
"Commission"
means the utilities commission
				within the utilities division of the department of commerce.
"County inspector"
means a professional
				engineer licensed under Iowa Code chapter 542B, familiar with agricultural and
				environmental inspection requirements, who has been employed by a county board
				of supervisors to do an on-site inspection of a proposed pipeline for
				compliance with 199-Chapter 9 and Iowa Code chapter 479B.
"Hazardous liquid"
means crude oil, refined
				petroleum products, liquefied petroleum gases, anhydrous ammonia, liquid
				fertilizers, liquefied carbon dioxide, alcohols, and coal slurries.
"Multiple line crossing"
means a point at
				which a proposed pipeline will either cross over or under an existing
				pipeline.
"Negotiating"
means contact between a pipeline
				company and a person with authority to negotiate an easement or other interest
				in land that involves the location, damages, compensation, or other matter that
				is restricted by Iowa Code section 479B.4(6). Contact for purposes of obtaining
				addresses and other contact information from a landowner or tenant is not
				considered negotiation.
"Permit"
means a new, amended, or renewal
				permit issued by the commission.
"Person"
means an individual, a corporation, a
				limited liability company, a government or governmental subdivision or agency,
				a business trust, an estate, a trust, a partnership or association, or any
				other legal entity as defined in Iowa Code section 4.1(20).
"Pipeline"
means any pipe or pipeline and
				necessary appurtenances used for the transportation or transmission of any
				hazardous liquid.
"Pipeline company"
means any person engaged in
				or organized for the purpose of owning, operating, or controlling pipelines for
				the transportation or transmission of any hazardous liquid or underground
				storage facilities for the underground storage of any hazardous liquid.
"Underground storage"
means storage of
				hazardous liquid in a subsurface stratum or formation of the
				earth.