CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 6. DAMAGE PREVENTION PROGRAM

The city recognizes its obligation mandated by Section 192.614 and the final rule implements of the National Gas, Pipeline Safety Act of 1968, Chapter 601 and the Pipeline Inspection, Protection, Enforcement and Safety Act of 2006 to have a damage prevention program to reduce the risk of excavation damage to buried gas pipelines in populated areas. The city also recognizes that K.S.A. 66-1801 to 66-1814 require anyone who engages in any type of excavation to provide advance notice of at least two full working days, excluding weekends and holidays, to Kansas One-Call.

This article shall be and provide the necessary legal framework within which to regulate and meet the above stated purpose.

All excavators performing excavation activities inside the city limits shall be required to be licensed by the city.

(a)   Excavation means any operation in which earth, rock, or other material is moved or otherwise displaced by any means, except tilling the soil, or railroad or road and ditch maintenance that does not change the existing railroad grade, road grade, and/or ditch flowline, or operations related to exploration and production of crude oil or natural gas, or both.

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

(c)   Excavator means any person who engages directly in excavation activities, but shall not include any occupant of a dwelling who: (1) uses such dwelling as a primary residence; and (2) excavates on the premises.

This article shall be applicable to the entire city.

The city will provide the location of all gas lines on public right- of-way, city owned easements, and privately owned “yard lines” upon request under the provisions outlined in K.S.A. 66-1801 to 77-1814 (Kansas One-Call Law).

Any person desiring to excavate in the City of Louisburg shall be required to be licensed in accordance with this Section as follows:

(a)   All excavators shall apply at the office of the city clerk. The license shall be issued in duplicate with the original to remain filed in the city clerk’s office and the duplicate furnished to the excavator.

(b)   The annual license fee shall be $25.00.

(c)   Licenses shall be valid from January 1 through December 31 of the issuing year.

(d)   Excavators shall be required to have on file with the city a certificate of insurance of coverage in the following amounts:

(1)   $1,000,000 general liability, including x.c.u. (explosion, collapse, and underground conduit).

(2)   Comprehensive automobile liability of $1,000,000, including x.c.u. (explosion, collapse, and underground conduit).

(3)   The insurance coverage shall provide for a 10 day notice of cancellation to the city.

The city will provide inspection at no cost to the licensed excavator.

Utility Companies and Government agencies shall be exempt from obtaining the above-mentioned license, however, contractors for said Utility Companies and Government Agencies will not be exempt. Utility Companies and Government Agencies will still be required to utilize Kansas One Call.

The penalties for failure to comply with this article shall be the general penalty set forth at Article I-116. Also, as an additional penalty, the City may for good cause revoke a license.

The Underground Utility Prevention Act applies in Louisburg and all excavators are required to meet all the requirements of said Act.

Failure to comply with Article 6 shall be punished, after the establishment of guilt, by a fine of up to $500.