reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 99.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Damage Prevention › Section 99.07 - Excavation

Current through Register 1525, July 5, 2024
(1) The excavation may not commence within 72
		hours after notification to the Dig Safe Center.
(2) A Dig Safe ticket shall be valid for 30
		calendar days from the date of notification to the Dig Safe Center, as long as
		the markings remain clear and discernible.
(3) When excavating in close proximity to the
		underground facilities of any company, nonmechanical means shall be employed,
		as necessary, to avoid damage in locating such facility, and any further
		excavation shall be performed employing reasonable precautions to avoid damage
		to any underground facilities including, but not limited to, any substantial
		weakening of structural or lateral support of such facilities, penetration or
		destruction of any pipe, main, wire or conduit or the protective coating
		thereof, or damage to any pipe, main, wire or conduit. In such cases,
		mechanical means may only be used for the initial penetration of pavement, rock
		or other such materials, so long as nonmechanical means are employed after the
		paving, rock or other such material has been penetrated.
(4) The excavator is responsible for
		maintaining the markings or placing offset marks, using the standard color
		codes noted in
		220 CMR 99.02, or
		contacting the Dig Safe Center to request remarking.
(5) If an excavator requests remarking, it
		shall suspend the excavation in the area for which it requested the remarking
		for 24 hours.
(6) If an excavator
		observes clear evidence of the presence of an unmarked underground facility in
		the area of the proposed excavation or during the excavation, the excavator
		shall suspend excavating until notifying the Dig Safe Center and shall protect
		the facility.
(7) An excavator
		shall not remove an abandoned underground facility without first receiving
		authorization and direction from the company owning the facility.
(8) When an excavator causes any damage to an
		underground facility, the excavator shall:
(a)
		Call 911 immediately if the damage results in the escape of any regulated
		natural or other gas;
(b) Evacuate
		nearby structures if necessary;
(c)
		Report the damage to the facility owner or operator at the earliest practical
		moment following discovery of the damage;
(d) Attempt no repairs, unless directed to by
		the facility owner or operator; and
(e) Report the damage to the Department
		within 30 days using a form deemed necessary and appropriate by the
		Department.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 99.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Damage Prevention › Section 99.08 - Blasting at Quarries

Current through Register 1525, July 5, 2024
(1) A blasting
		operation within a quarry whose property lines are 500 feet or less from a
		natural gas pipeline or metering or regulation station requires written
		approval by the Department, pursuant to St. 2014, c. 149, § 7. The
		Department may designate such approval to the Division.
(2) A written request for such approval shall
		be tendered to the Division prior to the blasting operation in a manner deemed
		necessary and appropriate by the Department.
(3) After receiving written approval, and
		prior to any blasting operation, a blaster shall provide further notice of the
		blasting operation to the Division in a manner deemed appropriate and necessary
		by the Department.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 99.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Damage Prevention › Section 99.09 - Notice of Probable Violation

Current through Register 1525, July 5, 2024
(1) The
		Department or its designee may begin an enforcement proceeding by issuing a
		notice of probable violation (NOPV) if the Department or its designee has
		reason to believe that a violation of M.G.L. c. 82, §§ 40 through
		40D,
		220 CMR 99.00,
		49 CFR
		192.614, or 49 CFR Part 196 has occurred or
		is occurring. The NOPV shall specify the section of the statute or regulation
		that the respondent is alleged to have violated, the factual basis for the
		allegation, the response options available to the respondent under 220 CMR
		99.09(2), the amount of the proposed civil penalty, and the maximum civil
		penalty for which the respondent may be liable under the law.
(2) Within 30 days of the date of an NOPV,
		the respondent shall either:
(a) Pay the
		proposed civil penalty by check or money order made payable to the Commonwealth
		of Massachusetts, and submit it to the Division with a signed consent order
		pursuant to 220 CMR 99.13;
(b)
		Submit to the Division a written response to the allegations in the NOPV. The
		response should be signed by the respondent or the respondent's duly authorized
		representative and include a complete statement of all relevant facts, along
		with any relevant documents, in response to the allegations in the NOPV;
		or
(c) Contact the Division to
		confirm attendance at an informal conference.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 99.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Damage Prevention › Section 99.10 - Informal Review and Decision

Current through Register 1525, July 5, 2024
(1) Following an
		informal conference or receipt of a written reply to the NOPV, the investigator
		shall conduct an informal review of all relevant evidence and make a
		recommendation to the Division director. If the evidence indicates reason to
		believe that the respondent has violated M.G.L. c. 82, §§ 40 through
		40D,
		220 CMR 99.00,
		49 CFR
		192.614, or 49 CFR Part 196 in a respect not
		stated in the NOPV, the Division shall issue a new or revised NOPV with respect
		to that allegation.
(2) If the
		evidence supports a finding that the respondent committed the violations as
		alleged in the NOPV, the Division shall issue a written decision to the
		respondent specifying the section of the statute or regulation violated, the
		factual basis for the violation, the amount of the civil penalty, any
		corrective action deemed appropriate, and the response options available to the
		respondent.
(3) If the respondent
		is not satisfied with the informal review decision, the respondent may request
		an adjudicatory hearing under
		220 CMR 99.11 by
		submitting a written request to the Department Secretary within 14 days of the
		date of the decision. Failure of the respondent to request an adjudicatory
		hearing within 14 days constitutes a waiver of respondent's right to contest
		the decision, and authorizes the Department, without further notice to the
		respondent, to hold the respondent liable to pay the civil penalty designated
		in the decision through the issuance of a remedial order under
		220 CMR
		99.12.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 99.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Damage Prevention › Section 99.11 - Adjudicatory Hearing

Current through Register 1525, July 5, 2024
(1) The adjudicatory
		hearing shall be a
de novo
hearing and shall be an
		adjudicatory proceeding as defined in M.G.L. c. 30A, and conducted pursuant to
		220 CMR
		1.00:
Procedural Rules
.
(2) At the adjudicatory hearing, the
		respondent must be represented by an attorney, unless the respondent is an
		individual representing him or herself.
(3) If the Department finds, after the
		adjudicatory hearing, that the respondent has violated M.G.L. c. 82,
		§§ 40 through 40D,
		220 CMR 99.00,
		49 CFR
		192.614, or 49 CFR Part 196, it may issue a
		remedial order pursuant to
		220 CMR
		99.12.
(4) If the Division determines, or the
		Department finds, after the request for an adjudicatory hearing has been filed,
		that the evidence indicates reason to believe that the respondent violated
		M.G.L. c. 82, §§ 40 through 40D,
		220 CMR 99.00,
		49 CFR
		192.614, or 49 CFR Part 196 in a respect not
		stated in the NOPV or informal review decision, the Division shall issue a new
		NOPV with respect to the violation so determined or found.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 99.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Damage Prevention › Section 99.12 - Remedial Orders

Current through Register 1525, July 5, 2024
(1) If the
		Department finds that a violation has occurred or is continuing, it may issue a
		remedial order. The remedial order shall include a written opinion setting
		forth the factual and legal basis of the Department's findings and shall direct
		any party to take any action which is consistent with said party's obligations
		under M.G.L. c. 82, §§ 40 through 40D,
		220 CMR 99.00,
		49 CFR
		192.614, or 49 CFR Part 196, including the
		payment of a civil penalty.
(2) A
		remedial order issued by the Department under 220 CMR 99.12 shall be effective
		upon issuance, in accordance with its terms, unless stayed, suspended, modified
		or rescinded.
(3) A remedial order
		is a final decision of the Department within the meaning of M.G.L. c. 25,
		§ 5, and thereby subject to review by the Supreme Judicial
		Court.
(4) If the respondent fails
		either to appeal a remedial order to the Supreme Judicial Court pursuant to
		M.G.L. c. 25, § 5, or to comply fully with the order within 20 days, the
		Department may refer the case to the Attorney General with a request that an
		action be brought in the Superior Court to seek appropriate relief including,
		but not limited to, collection of assessed penalties.
(5) The Department may, at its discretion,
		refer damage prevention matters to the Office of Public Safety and
		Inspections.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 99.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Damage Prevention › Section 99.13 - Consent Orders

Current through Register 1525, July 5, 2024
(1) Notwithstanding
		any other provision to the contrary, the Department or its designee may at any
		time resolve an outstanding enforcement proceeding with a consent order. A
		consent order must be signed by the person to whom it is issued, or a duly
		authorized representative, and must indicate agreement with the terms therein.
		A consent order need not constitute an admission by any person that a violation
		has occurred.
(2) A consent order
		is a final order of the Department, having the same force and effect as a
		remedial order issued pursuant to
		220 CMR
		99.12.
(3) A consent order shall not be appealable
		by the respondent and shall include an express waiver of appeal or judicial
		review rights that might otherwise attach to a final order of the
		Department.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 99.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Damage Prevention › Section 99.14 - Civil Penalties

Current through Register 1525, July 5, 2024
(1)
Violation Relating to Natural Gas Pipeline Facilities
.
		Pursuant to M.G.L. c. 164, § 105A, any person, excavator or company found
		by the Department to have violated M.G.L. c. 82, §§ 40 through 40D,
		220 CMR 99.00,
		49 CFR
		192.614, or 49 CFR Part 196 in relation to a
		natural gas pipeline facility when the Department has submitted and has in
		effect the annual certification to the United States Secretary of
		Transportation provided for in
		49 U.S.C. §
									60105 shall be subject to civil penalties as
		specified in
		49 U.S.C. §
									60122(a)(1).
(2)
Violation Relating to
		Facilities Other Than Natural Gas Pipelines
. Any person, excavator
		or company found by the Department to have violated M.G.L. c. 82, §§
		40 through 40D or
		220 CMR 99.00 in relation to
		a facility other than a natural gas pipeline facility shall be subject to a
		civil penalty as specified in M.G.L. c. 82, § 40E.
(3)
Criteria for Determining
		Amount of Civil Penalty
. In determining the amount of the civil
		penalty under 220 CMR 99.14(1) or (2), the Department may consider the
		following criteria:
(a) The nature,
		circumstances, and gravity of the violation, including adverse impact on the
		environment;
(b) The degree of the
		respondent's culpability;
(c) The
		respondent's history of prior offenses;
(d) Any good faith by the respondent in
		attempting to achieve compliance after notification of a violation;
(e) The effect on the respondent's ability to
		continue in business;
(f) The
		economic benefit gained from violation, if readily ascertainable, without any
		reduction because of subsequent damages; and
(g) Such other matters as justice may
		require.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 100.00 - Massachusetts Gas Distribution Code › Section 100.01 - Purpose

Current through Register 1525, July 5, 2024
220 CMR 101.00 through
		  115.00 are designed to
		  ensure safe operating practices for persons engaged in the storage,
		  transportation and distribution of gas.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 100.00 - Massachusetts Gas Distribution Code › Section 100.02 - Applicability

Current through Register 1525, July 5, 2024
Notwithstanding any language to the contrary, the provisions of
		  220 CMR 101.00 through
		  115.00 shall apply to any
		  persons engaged in the storage, transportation or distribution of gas and,
		  unless the context so requires, shall not be limited to gas corporations, gas
		  companies or municipal gas departments. Each such provision shall apply to all
		  new construction and new installations made subsequent to the effective date of
		  said provision and shall not apply retroactively to installations existing on
		  the effective date of the provision.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 101.00 - Massachusetts Natural Gas Pipeline Safety Code › Section 101.01 - Compliance with MFS Standards

Current through Register 1525, July 5, 2024
Every gas piping system and liquefied petroleum gas plant in
		  Massachusetts shall be constructed, operated, and maintained, except as
		  otherwise provided in
		  220 CMR 101.00, in
		  compliance with federal pipeline safety standards as set forth in 49 CFR Part
		  192 -
Transportation of Natural and Other Gas by Pipeline: Minimum
		  Federal Safety Standards (MFS Standards
). Every liquefied petroleum
		  gas plant shall also be constructed, operated, and maintained according to the
		  requirements of National Fire Protection Association 59 Utility LP - Gas Plant
		  Code (2004) (NFPA 59).
In addition, each operator of pipeline facilities used for the
		  transportation of natural gas or hazardous liquids and each operator of
		  liquefied petroleum gas facilities shall comply with the provisions of 49 CFR
		  Parts 40 and 199.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 101.00 - Massachusetts Natural Gas Pipeline Safety Code › Section 101.03 - Applications for Exceptions and Waivers

Current through Register 1525, July 5, 2024
(1)
		Any person engaged in the construction, maintenance, operation of a natural gas
		or liquefied petroleum gas facility may make a written request to the
		Department for an exception to the provisions of
		220 CMR 101.00, in whole or
		in part. The request shall justify why the exception should be granted and
		shall demonstrate why the exception does not derogate from the safety
		objectives of
		220 CMR 101.00. The request
		shall include details on the need for the exception, specific information on
		the circumstances surrounding the exception, the provisions of the regulations
		from which exception is sought, and a description of any safety consequences
		that might result from the exception. Documentation in support of the request
		shall also be submitted.
The Department may, after consideration and the payment of the
		  appropriate fee, issue a written decision denying the exception or granting the
		  exception as requested or as modified by the Department and subject to
		  conditions. An exception may be granted or denied in writing by the Director of
		  the Pipeline Safety Division, or by the Director's functional successor in the
		  event of an internal reorganization of the Department. Any person aggrieved by
		  a decision of the Director may appeal the decision to the Department. Any
		  appeal shall be in writing and shall be made not later than ten business days
		  following issuance of the written decision.
In an emergency, a verbal request for an exception may be
		  granted by the Department or the Director, provided that the verbal request is
		  subsequently confirmed in writing within seven days of the exception being
		  granted.
(2) Pursuant to
		49 U.S.C.
		60118(d), the Department may
		waive compliance with a federal safety standard to which the Department's
		49 U.S.C.
		60105 certification applies, provided that
		the Department gives notice of such waiver to the Secretary at least 60 days
		before the waiver becomes effective.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 101.00 - Massachusetts Natural Gas Pipeline Safety Code › Section 101.04 - Notice of Proposed Construction

Current through Register 1525, July 5, 2024
At least 48 hours prior to the start of construction of
		  pipeline installations, notice shall be filed with the Department in accordance
		  with the requirements listed in 220 CMR 101.04(1) through (3):
(1) Pipeline installation projects of 5000
		feet or more in length: All such projects.
(2) Pipeline installation projects of 2500
		feet to 5000 feet in length: 25% of such projects, or a maximum of three of the
		projects in a calendar year.
(3) If
		no pipeline installation projects in a calendar year meet the requirements of
		220 CMR 101.04(1) and (2), then there shall be reported to the Department no
		less than three pipeline installations irrespective of the length, provided
		this number or more are undertaken.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 101.00 - Massachusetts Natural Gas Pipeline Safety Code › Section 101.05 - Preservation of Records

Current through Register 1525, July 5, 2024
Nothing contained in
		  220 CMR 101.00 shall
		  conflict with
		  220 CMR 75.00:
The
Preservation of Records of Electric, Gas, and Water
		  Utilities
.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 101.00 - Massachusetts Natural Gas Pipeline Safety Code › Section 101.06 - Additional Rules or Modifications

Current through Register 1525, July 5, 2024
Notwithstanding any provision of the MFS Standards which may
		  allow less stringent requirements, the following additional rules or
		  modifications shall apply.
(1)
Low-pressure Distribution System
. (Section 192.3 MFS
		Standards.) For the purpose of 220 CMR 101.06, a low-pressure distribution
		system shall be defined as any system in which the gas pressure in the main is
		equal to or less than two pounds per square inch gauge (psig).
(2)
Intermediate-pressure
		Distribution System
. (Section 192.3 MFS Standards.) For the
		purpose of 220 CMR 101.06, an intermediate pressure distribution system shall
		be defined as any system in which the gas pressure in the main is greater than
		two psig, but equal to or less than 60 psig.
(3)
High-pressure Distribution
		System
. (Section 192.3 MFS Standards.) For the purpose of 220 CMR
		101.06, a high-pressure distribution system shall be defined as a system in
		which the pressure in the main is greater than 60 psig, but equal to or less
		than 200 psig.
(4)
Class Locations
. (Section 192.5 MFS Standards.) For
		the purpose of
		220 CMR 101.00, every gas
		piping system shall be designed, constructed, tested, operated, and maintained
		using a class 3 location as a minimum class location designation.
(5)
Design Limitations for
		Plastic Pipe
. (Section 192.123 MFS Standards.)
(a) The wall thickness for thermoplastic pipe
		may not be less than 0.090 inches.
(b) The Department may approve the use of
		reinforced thermosetting plastic pipe having a wall thickness not less than
		that listed in the following table:
Normal Size in Inches
Minimum Wall Thickness in Inches
2
0.060
3
0.060
4
0.070
6
0.100
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 105.00 - Use of Professional Engineers for Gas Utility Work › Section 105.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose
. 220 CMR 105.00 establishes regulations to
		promote the safety of natural gas engineering work or services through the use
		of Professional Engineers with sufficient knowledge of natural gas facilities,
		to provide direction to gas companies for certain engineering work or services.
		220 CMR 105.00 does not waive or otherwise modify any provisions of M.G.L. c.
		112, §§ 81D through 81T or 250 CMR:
Board of Registration of
		Professional Engineers and Land Surveyors
which establish requirements
		for Professional Engineers. Further, 220 CMR 105.00 may be supplemented by
		guidelines from the Department of Public Utilities, Commonwealth of
		Massachusetts.
(2)
Scope
. 220 CMR 105.00 applies to every Gas Company as
		defined in 220 CMR 105.02.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 105.00 - Use of Professional Engineers for Gas Utility Work › Section 105.02 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of 220 CMR 105.00, the following definitions
		  apply:
Department
. Department of Public
		  Utilities, Commonwealth of Massachusetts.
Division
. Pipeline Safety Division of
		  the Department.
Emergency
. A sudden or unexpected
		  occurrence involving a clear and imminent danger, demanding immediate action to
		  prevent or mitigate loss of, or damage to, life, health, property, or essential
		  public services, but not including a loss of business or profits.
Gas Company
. As defined in M.G.L. c.
		  164, § 1, a corporation organized for the purpose of making and selling or
		  distributing and selling, gas within the commonwealth, even though subsequently
		  authorized to make or sell electricity; provided, however, that gas company
		  shall not mean an alternative energy producer.
Instruments of Service
. The final
		  drawings, plans, specifications, plats, reports, and project specific
		  procedures prepared by, or under the Direct Charge and Supervision of, a
		  registered Professional Engineer. Instruments of Service do not include interim
		  drawings, plans, specifications, plats and reports or drawings, plans,
		  specifications, plats and reports that are marked "preliminary", "not for
		  construction", "for plan check only", or "for review only".
Professional Engineer
. A person who is
		  registered as a professional engineer in the Commonwealth of Massachusetts and
		  certified under M.G.L. c. 112, § 81E; provided, however, that the
		  Professional Engineer has Sufficient Knowledge.
Sufficient Knowledge
. An understanding
		  of natural gas facilities in general and of the pipeline design, construction,
		  operations, maintenance, standards, and procedures of a particular Gas Company
		  that would permit effective review of that Gas Company's engineering plans or
		  specifications.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 105.00 - Use of Professional Engineers for Gas Utility Work › Section 105.03 - Applications for Exceptions from Provisions of 220 CMR 105.00

Current through Register 1525, July 5, 2024
Any Gas Company may make a written request to the Department
		  for an exception to the provisions of 220 CMR 105.00, in whole or in part. The
		  request shall justify why the exception should be granted and shall demonstrate
		  why the exception sought does not detract from the safety objectives of 220 CMR
		  105.00. The request shall include details on the need for the exception,
		  specific information on the circumstances surrounding the requested exception,
		  the provisions of 220 CMR 105.00 from which the exception is sought, the time
		  period for which the exception is sought, and a description of any safety
		  consequences that might result from the exception. Documentation in support of
		  the request shall also be submitted.
The Department may deny the exception or grant the exception as
		  requested, or as modified by the Department and subject to conditions. Any
		  exception shall be issued in writing and may be made by the Director of the
		  Division. Any person aggrieved by a decision of the Director regarding a
		  request for an exception may appeal the Director's decision to the Department.
		  Any appeal shall be in writing and shall be made not later than ten business
		  days following issuance of the written decision of the
		  Director.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 105.00 - Use of Professional Engineers for Gas Utility Work › Section 105.04 - Use of Professional Engineers

Current through Register 1525, July 5, 2024
(1)
		Pursuant to M.G.L. c. 164, § 148, each Gas Company shall require the stamp
		of a Professional Engineer with Sufficient Knowledge who is the engineer of
		record on any Instruments of Service for engineering work or services that
		could pose a material risk to public safety, as determined by the Department
		pursuant to M.G.L. c. 112, § 81R clause (1).
(2) The Professional Engineer's review and
		use of their Professional Engineer's stamp must comply with the professional
		and ethical obligations set forth in
		250 CMR
		5.00:
Professional
		Practice
.
(3) Each Gas
		Company shall maintain the Instruments of Service that bear a Professional
		Engineer's stamp pursuant to 220 CMR 105.00 and supporting documentation. These
		Instruments of Service and supporting documentation shall be readily accessible
		upon request by the Department and shall be maintained for the useful life of
		the pipe, as that term is used in 49 CFR Part 192, and for at least five years
		after the date of abandonment.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 105.00 - Use of Professional Engineers for Gas Utility Work › Section 105.05 - Gas Company Procedures Manual

Current through Register 1525, July 5, 2024
Each Gas Company shall incorporate procedures for all
		  requirements of 220 CMR 105.00 into its written procedures under 49 CFR Part
		  192 as applicable, to ensure compliance with M.G.L. c. 164, §§ 105A
		  and 148, and 220 CMR 105.00.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 107.00 - Abandonment of Gas Service Lines and Leakage Survey Procedures › Section 107.01 - Applicability

Current through Register 1525, July 5, 2024
220 CMR 107.00 applies to
		  any person engaged in the storage, transportation or distribution of gas and is
		  not limited to gas corporations, gas companies or municipal gas
		  departments.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 107.00 - Abandonment of Gas Service Lines and Leakage Survey Procedures › Section 107.02 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of
		  220 CMR 107.00, the
		  following definitions apply:
Abandoned
. The status of a service
		  line where each of the following steps have been taken:
(a) The service line is disconnected or cut off at or as close
		  as practical to the main;
(b) Any opening in the main or the open end of the segment of
		  the service line left thereto is sealed;
(c) The service line is purged of gas, except when the volume
		  of gas is so small that there is no potential hazard; and
(d) The open end of the disconnected service line near the main
		  and traversing to the premises is sealed.
Department
. Department of Public
		  Utilities, Commonwealth of Massachusetts.
Distribution Line
. A gas pipeline,
		  other than a gas-gathering or transmission line, that is normally used by
		  utilities for the transportation of natural gas and/or other flammable gas to
		  customers.
Inactive Service Line
. A service line
		  where gas service to the customer has been discontinued, but the service line
		  has not been abandoned.
Main
. A distribution line that serves
		  as a common source of supply for more than one service line.
Operator
. A person who engages in the
		  transportation of gas.
Person
. Any individual, firm, joint
		  venture, partnership, corporation, association, state agency, municipality,
		  municipal department, cooperative association, or joint stock association, and
		  includes any trustee, receiver, assignee, or personal representative
		  thereof.
Pipe
. Any pipe or tubing used in the
		  transportation of gas, including pipe-type holders.
Pipeline
. All parts of those physical
		  facilities through which gas moves in transportation including pipe valves and
		  other appurtenances attached to pipe, compressor units, metering stations,
		  regulator stations, delivery stations, holders and fabricated
		  assemblies.
Purge
. The act of removing flammable
		  gas from a distribution line and replacing it with a noncombustible gas.
Service Line
. A distribution line that
		  transports gas from a common source of supply to an individual customer, to two
		  adjacent or adjoining residential or small commercial customers, or to multiple
		  residential or small commercial customers served through a meter header or
		  manifold. A service line ends:
(a) at the outlet of the customer meter or at the connection to
		  a customer's piping, whichever is further downstream; or
(b) at the connection to customer piping if there is no
		  meter.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 107.00 - Abandonment of Gas Service Lines and Leakage Survey Procedures › Section 107.03 - Application for Exceptions from Provisions of 220 CMR 107.00

Current through Register 1525, July 5, 2024
Any person engaged in the storage, transportation, or
		  distribution of gas may make a written request to the Department for an
		  exception to the provisions of
		  220 CMR 107.00, in whole or
		  in part. The request shall justify why the exception should be granted and
		  shall demonstrate why the exception does not derogate from the safety
		  objectives of
		  220 CMR 107.00. The request
		  shall include details on the need for the exception, specific information on
		  the circumstances surrounding the exception, the provisions of the regulations
		  from which exception is sought, and a description of any safety consequences
		  that might result from the exception. Documentation in support of the request
		  shall also be submitted.
The Department may, after consideration and the payment of the
		  appropriate fee, issue a written decision denying the exception or granting the
		  exception as requested or as modified by the Department and subject to
		  conditions. An exception may be granted or denied in writing by the Director of
		  the Pipeline Safety Division, or by the Director's functional successor in the
		  event of an internal reorganization of the Department. Any person aggrieved by
		  a decision of the Director may appeal the decision to the Department. Any
		  appeal shall be in writing and shall be made not later than ten business days
		  following issuance of the written decision.
In an emergency, a verbal request for an exception may be
		  granted by the Department or the Director, provided that the verbal request is
		  subsequently confirmed in writing within seven days of the exception being
		  granted.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 107.00 - Abandonment of Gas Service Lines and Leakage Survey Procedures › Section 107.04 - Procedures for Abandonment of Service Lines

Current through Register 1525, July 5, 2024
Each operator shall prepare and follow written procedures for
		  the inactivation and abandonment of service lines. The procedures shall be
		  included in the operator's procedural manual pursuant to
		  49
		  CFR 192.605.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 107.00 - Abandonment of Gas Service Lines and Leakage Survey Procedures › Section 107.05 - Abandonment of Service Lines

Current through Register 1525, July 5, 2024
(1)
		Notwithstanding any provision of 220 CMR 107.05(2), (3), or (4), inactive
		service lines which shall be abandoned promptly, with due consideration to
		public safety, are those:
(a) Located in, or
		close to, excavations;
(b) Located
		in, or close to, buildings being demolished;
(c) Discovered to be leaking gas;
		or
(d) Unrecorded or previously
		unknown lines discovered in the course of leakage surveys, construction,
		maintenance or inspection of pipeline facilities.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 107.00 - Abandonment of Gas Service Lines and Leakage Survey Procedures › Section 107.06 - Records and Reports for Inactive and Abandoned Service Lines

Current through Register 1525, July 5, 2024
(1) Readily accessible records of inactive
		service lines shall be maintained by the operator. Such records shall include
		the service line's location, the date the service line was installed, and the
		date the service line became inactive. If any information is unavailable to or
		unobtainable by the operator, it shall be listed on the record as
		"unknown".
(2) Readily accessible
		records of the location of any service line that is abandoned after August 8,
		1985 shall be maintained by the operator for at least five years after the date
		of abandonment or for such longer time as the operator deems
		appropriate.
(3) Not later than
		March 15th of each year, each operator shall submit
		to the Department an annual report indicating the total number of inactive
		service lines in its distribution system on December
		31st of the preceding calendar year, and the number
		of inactive service lines abandoned during the preceding year.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 107.00 - Abandonment of Gas Service Lines and Leakage Survey Procedures › Section 107.07 - Leakage Survey of All Service Lines

Current through Register 1525, July 5, 2024
(1) Each
		operator of gas service lines shall conduct leakage surveys over all service
		lines as frequently as experience and technology indicate are necessary, and in
		accordance with 49 CFR Part 192.
(2) If any part of 220 CMR 107.07 conflicts
		with Department regulations contained in
		220 CMR
		101.06, 220 CMR 107.07 shall be
		controlling.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 109.00 - Design, Construction, Operation and Maintenance of Intrastate Pipelines Operating In Excess of 200 PSIG › Section 109.01 - Applicability and Scope

Current through Register 1525, July 5, 2024
(1)
								220 CMR 109.00 regulates the
		design, construction, operation, and maintenance of a pipeline with a maximum
		allowable operating pressure (MAOP) in excess of 200 pounds per square inch
		gauge (psig).
(2)
								220 CMR 109.00 applies to
		every gas company, municipal gas department, or other person engaged in the
		design, construction, operation, and maintenance of a pipeline with an MAOP in
		excess of 200 psig and within the jurisdiction of the Commonwealth of
		Massachusetts.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 109.00 - Design, Construction, Operation and Maintenance of Intrastate Pipelines Operating In Excess of 200 PSIG › Section 109.02 - Definitions

Current through Register 1525, July 5, 2024
Except as otherwise specified in
		  220 CMR 109.00, all words
		  are as defined in Title 49 CFR Part 192 -
Transportation of Natural and
		  Other Gas by Pipeline: Minimum Federal Safety Standards
.
Department
. Department of Public
		  Utilities, Commonwealth of Massachusetts.
Determine
. To make appropriate
		  investigation using scientific or other definitive methods, reach a decision
		  based on sound engineering judgment, and be able to demonstrate, substantiate,
		  and document the basis of the decision.
Division
. Pipeline Safety Division of
		  the Department, or its successor.
Gate Station
. A location at which gas
		  changes ownership or responsibility for transportation, from one party to
		  another, neither of which is the ultimate consumer. Also referred to as "take
		  station" or "delivery point".
Jetting
. Compaction of soil using a
		  stream of high-pressure water.
Operator
. Any person who owns,
		  operates, or maintains a pipeline.
Person
. Any individual, firm, joint
		  venture, partnership, corporation, association, state agency, municipality,
		  municipal department, cooperative association, or joint stock association, and
		  includes any trustee, receiver, assignee, or personal representative
		  thereof.
Pipeline
. A natural gas main or
		  transmission line with an MAOP greater than 200 psig including, but not limited
		  to, pipe, valves, and other appurtenances attached to the pipe.
Puddling
. Use of water to aid in soil
		  compaction.
Sectionalizing Block Valve
. An
		  operator-designated valve that is capable of starting and stopping the flow of
		  gas in a segment of a pipeline.
Uprate
. To increase the Maximum
		  Allowable Operating Pressure (MAOP) of a pipeline.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 109.00 - Design, Construction, Operation and Maintenance of Intrastate Pipelines Operating In Excess of 200 PSIG › Section 109.03 - Applications for Exceptions from Provisions of 220 CMR 109.00

Current through Register 1525, July 5, 2024
Any person engaged in the design, construction, operation, or
		  maintenance of a pipeline with an MAOP in excess of 200 psig may make a written
		  request to the Department for an exception to the provisions of
		  220 CMR 109.00, in whole or
		  in part. The request shall justify why the exception should be granted and
		  shall demonstrate why the exception does not derogate from the safety
		  objectives of
		  220 CMR 109.00. The request
		  shall include details on the need for the exception, specific information on
		  the circumstances surrounding the exception, the provisions of the regulations
		  from which exception is sought, and a description of any safety consequences
		  that might result from the exception. Documentation in support of the request
		  shall also be submitted.
The Department may, after consideration and the payment of the
		  appropriate fee, issue a written decision denying the exception or granting the
		  exception as requested or as modified by the Department and subject to
		  conditions. An exception may be granted or denied in writing by the Director of
		  the Pipeline Safety Division, or by the Director's functional successor in the
		  event of an internal reorganization of the Department. Any person aggrieved by
		  a decision of the Director may appeal the decision to the Department. Any
		  appeal shall be in writing and shall be made not later than ten business days
		  following issuance of the written decision.
In an emergency, a verbal request for an exception may be
		  granted by the Department or the Director, provided that the verbal request is
		  subsequently confirmed in writing within seven days of the exception being
		  granted.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 109.00 - Design, Construction, Operation and Maintenance of Intrastate Pipelines Operating In Excess of 200 PSIG › Section 109.04 - Applicability to Existing Pipelines

Current through Register 1525, July 5, 2024
(1) The
		siting, design, and construction requirements of
		220 CMR 109.00 shall not
		apply to any pipeline constructed before February 19, 1999.
(2) Any pipeline constructed before February
		19, 1999 shall comply with
		220 CMR
		109.07:
Pipeline Location
		Marking
and
		220 CMR
		109.13:
Operations and
		Maintenance
within 180 days of February 19, 1999.
(3) Any pipeline constructed before January
		1, 1971 with an MAOP of 275 psig or less shall not be uprated to an MAOP
		greater than 275 psig.
(4) Any
		pipeline constructed on or after January 1, 1971, but before February 19, 1999,
		with an MAOP of 275 psig or less may be uprated to an MAOP greater than 275
		psig if the pipe itself and all associated fittings and valves are suitable for
		the higher MAOP.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 109.00 - Design, Construction, Operation and Maintenance of Intrastate Pipelines Operating In Excess of 200 PSIG › Section 109.05 - Compliance with Other Codes and Standards

Current through Register 1525, July 5, 2024
(1)
		Unless otherwise authorized, the minimum safety standards for all pipelines are
		those issued under:
(a)49 CFR Part 192;
		and
(b)
									220 CMR 100.00 through
		115.00.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 109.00 - Design, Construction, Operation and Maintenance of Intrastate Pipelines Operating In Excess of 200 PSIG › Section 109.06 - Location of a Pipeline

Current through Register 1525, July 5, 2024
No segment of a pipeline shall be installed less than 40 feet
		  from a building intended for human occupancy, unless the construction criteria
		  for a Class 4 area, as defined in 49 CFR Part 192, are met.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 109.00 - Design, Construction, Operation and Maintenance of Intrastate Pipelines Operating In Excess of 200 PSIG › Section 109.07 - Pipeline Location Marking

Current through Register 1525, July 5, 2024
(1) An
		aboveground line marker shall be placed and maintained at or as close as
		practicable over each buried pipeline to meet the transmission line
		requirements set forth in
		49 CFR
		192.707, except for buried pipelines within
		the confines of a gate station. The references to location class requirements
		shall be as defined in
		49 CFR
		192.5.
(2) The operator shall maintain drawings or
		plans showing the actual location of the pipeline, valves, pressure regulating
		stations, and any other pipeline facilities. The drawings or plans shall be
		updated whenever any changes are made to the pipeline. Each pipeline and its
		routing shall be reviewed in the field at least once each calendar year, but at
		intervals not to exceed 15 months, to determine whether the drawings or plans
		must be revised. The annual review shall be documented. Maps indicating the
		route of the pipeline shall be given to the fire department and public works
		department of each municipality through which the pipeline passes. Updated
		maps, whenever prepared, shall also be provided.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 109.00 - Design, Construction, Operation and Maintenance of Intrastate Pipelines Operating In Excess of 200 PSIG › Section 109.08 - Materials

Current through Register 1525, July 5, 2024
(1) All pipe six inches or greater in
		diameter shall have a specified minimum yield strength (SMYS) of at least
		35,000 psig.
(2) All pipe six
		inches or greater in diameter shall have a wall thickness of at least 0.280
		inches. All pipe less than six inches in diameter shall be at least Schedule 40
		wall thickness.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 109.00 - Design, Construction, Operation and Maintenance of Intrastate Pipelines Operating In Excess of 200 PSIG › Section 109.09 - Cover and Backfill

Current through Register 1525, July 5, 2024
(1) Except as
		provided in 220 CMR 109.09(2), any buried pipeline shall be installed with a
		minimum cover of three feet from the top of the pipe to the finished
		grade.
(2) Where an underground
		man-made structure prevents the installation of a pipeline with a minimum
		cover, the pipeline may be installed with less cover provided that it is
		installed with additional protection to withstand anticipated external
		loads.
(3) Bed, side, and top fill
		material shall extend at least six inches around the circumference of the pipe
		after compaction. The fill material shall be a natural granular soil or sand
		with 100% of the particles finer than a 3/4-inch sieve and less than 10% of the
		particles finer than a No. 200 sieve.
(4) Material used for backfilling over the
		top fill to a point approximately two feet over a pipeline shall contain no
		rock larger than eight inches in its greatest dimension. There shall be no
		concentrated organic matter in the backfill.
(5) All fill material shall be placed in
		lifts of no more than 12 inches, loose measurement. Each lift shall be
		thoroughly compacted by mechanical or pneumatic means before the next lift is
		placed.
(6) There shall be no
		puddling or jetting of the backfill material.
(7) Reinforced yellow-colored warning tape,
		at least eight inches wide and composed of a material resistant to
		deterioration in soil, shall be buried flat, over the pipeline along the entire
		buried portion of its route. The warning tape shall be buried approximately one
		foot below grade. The following caption or its equivalent, shall be repeatedly
		printed on the warning tape: "CAUTION - GAS PIPELINE BURIED BELOW."
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 109.00 - Design, Construction, Operation and Maintenance of Intrastate Pipelines Operating In Excess of 200 PSIG › Section 109.10 - Welding and Welding Inspection

Current through Register 1525, July 5, 2024
(1) All
		welding procedures shall be qualified in accordance with API Std. 1104 (as
		referenced in 49 CFR Part 192).
(2)
		Each welder shall be qualified in accordance with API Std. 1104 (as referenced
		in 49 CFR Part 192) no more than six months before performing welding on a
		pipeline.
(3) All butt welds on a
		pipeline six inches or greater in diameter shall be nondestructively tested by
		radiographic inspection in accordance with API Std. 1104 (as referenced in 49
		CFR Part 192), except for girth welds that are determined impracticable to test
		by radiographic inspection, provided that 90% of all girth welds, on pipelines
		six inches or greater in diameter, are nondestructively tested by radiographic
		inspection.
(4) All pipeline tie-in
		welds shall be nondestructively tested.
(5) All other welds shall be tested in a
		manner that is determined by the operator to reasonably indicate defects that
		may affect the integrity of the weld. Such testing shall be by means of
		radiographic inspection, other industry approved means of nondestructive
		testing, or visual inspection. Visual inspections of welds shall be performed
		and approved by a qualified welding inspector.
(6) All welds that are found unacceptable
		under 220 CMR 109.10 shall be removed or repaired in accordance with
		49 CFR
		192.245.
(7) A record of each nondestructive weld test
		or visual inspection, including radiographs pertaining thereto, shall be
		retained for the life of the pipeline. The disposition of rejected welds shall
		be part of the record.