105 IAC 13, UAP

105 IAC 13

Learning Objectives At the end of this presentation the attendee will be able to: Explain why 105 IAC 13 was developed State the purpose of 105 IAC 13 State when to apply the rule Identify the major steps covered by the rule Know and apply definitions used in the rule

State Law (1) The foundation for 105 IAC is in Indiana Code IC 8-23-2-5(a)(9) requires INDOT to adopt rules Such rules are promulgated under the Indiana Administrative Code and adopted ICA, ASCE, and major utility companies were involved (public hearing) Reviewed by the AG and signed by the Governor

State Law (2) IC 8-23-2-5(a) The Department, through the Commissioner or the Commissioner's designee, shall: IC 8-23-2-5(a)(9) adopt rules under IC 4-22-2 to reasonably and cost effectively manage the right-of-way of the state highway system by establishing a formal procedure for highway improvement projects that involve the relocation of utility facilities by providing for an exchange of information among the Department, utilities, and the Department's highway construction contractors.     

State Law (3) (b) Rules adopted under subsection (a)(9) require that highway improvement projects: (1) Shall not unreasonably affect the cost, or impair the safety or reliability of a utility service; and (2) Must require a utility to assign an authorized representative(s) for the purposes of highway improvement projects undertaken by INDOT & LPA.     

Purpose To establish a formal procedure for the exchange of information and the implementation of respective responsibilities among the Department, utilities, and the contractor. To reasonably and cost-effectively manage the right-of-way of the state highway system.     

Applicability – Projects 105 IAC 13-2-10 “Improvement Project” defined Sec. 10. "Improvement project" means the construction, reconstruction, rehabilitation, and process incidental to building, fabricating, or bettering any of the following: (1) A state, United States, or interstate route. (2) Projects within the state parks or other roadways the Department is required by statute to build and maintain. (3) A local project administered by the Department. (4) A project on the state highway system administered by a local authority.

Applicability – Projects (cont.) LPA projects follow 105 IAC 13. 105 IAC 13 does not apply when utilities install their lines by their own initiative. Note: The term does not include routine maintenance.

Process - Major Steps 105 IAC 13 defines the following major steps: Research Phase Initial Notice (30 days) – Utility authorized representative Verification Phase (30 days) – Utility Designated Contact Conflict Analysis Phase (30/60) – Designer/UC/Utility Work Plan Preparation Phase (60/120 days) Agreement Phase Construction Phase (NTP 30 days in advance)

Exception to Major Steps The Department may require a utility to comply with a reasonably shortened process or expedited schedule when an emergency exists that could affect: (1) public safety; or (2) the structural or functional integrity of the highway. No matter how the schedule is established, it is the utility coordinator’s and oversight agent’s responsibility to follow the rule as closely as possible; And through the risk report keep the project manager informed of the risks of an expedited schedule.

Definition – Authorized Rep Sec. 2. "Authorized Representative" means the person named by the utility as its designated contact person. The authorized representative is the individual designated by the utility company to be its official first point of contact, 105 IAC 13-2-2 and 105 IAC 13-3-1(a). The initial notice for each project should be sent to the authorized representative. After receiving the initial notice or a subsequent letter, the authorized representative may, in response, assign a designated contact person as the point of contact for a specific project. Future utility coordination will occur with the designated contact person. The authorized representative will provide written notice for all changes to the designated contact person.

Definition – Facility/Utility Sec. 7. "Facility" shall include all privately, municipally, publicly, or cooperatively owned systems for supplying: (1) communications; (2) power; (3) light; (4) heat; (5) electricity; (6) gas; (7) water; (8) pipeline; (9) sewer; (10) sewage disposal; (11) drain; or (12) like; service, directly or indirectly, to the public. The term includes cable television systems. Pipeline is not a service – Interpreted as a petroleum line Sewage disposal does not include trash removal Definition does not include plant type components that generate these services – Wind mills, solar panels

Definition – Relocation (1) Sec. 8. "Facility relocation" means any activity involving a facility that is needed for an improvement project including, but not limited to, the following: (1) Retiring (previously abandoning); (2) Altering; (3) Deactivating; (4) Installing; (5) Maintaining; (6) Modifying; (7) Moving; (8) Removing; (9) Supporting. Does not include maintenance, repair, or service work. That is work that is wholly at the election of and for the benefit of the utility. Example, a pipeline not in conflict with the improvement project and the utility wants to remove the casing.

Definition – Relocation (2) Relocation work can be required by a project whether reimbursable and compensable or not reimbursable. (To be discussed later in detail.) The following definition is extremely important when evaluating what portion is compensable work: IC 8-1-9-2(b) "Cost of relocation" shall include the entire amount paid by a utility properly attributable to such relocation, after deducting there from any increase in the value of the new facility and any salvage value derived from the old facility.

Summary Learning Objectives State Law Applicability Process - major steps Definitions Summary

UTILITY ACCOMMODATION POLICY (UAP)

Learning Objectives At the end of this presentation the student will be able to: Explain why the UAP was developed State the objective of the UAP Describe the scope of the UAP Know and apply permits; exception; access control as defined by the UAP Know and apply guidance, and facility-unique requirements

Why? Why is there a UAP? FHWA requires a Utility Accommodation Policy for all federally funded roadways INDOT uses the Utility Accommodation Policy for all roadways independent of funding source LPAs use the Utility Accommodation Policy for federally funded projects

Objective Safely, reasonably, and cost-effectively manage the right-of-way of the state highway system INDOT’s goal in managing the right-of-way is to maintain the integrity, safe operation and function of the state highway system A guideline to accommodate utilities inside public right-of-way in a consistent manner

Scope The UAP only applies to utility facilities within the (public) right-of-way Laws or orders of public authority, industry or governmental codes that prescribe a higher degree of protection or standards prevail over this policy The authority and responsibility to implement and interpret this policy resides with the INDOT Commissioner or his designated representative

Permits INDOT is authorized to make policy and procedures to control the use of managing the right of way of the state highway. This control is exercised by requiring a permit for each area of use of the right of way by a uility. Any use of the public ROW shall not endanger the traveling public and shall be in accordance with policy. Two types of permits (Utility-initiated & INDOT-initiated) New installations at the district or electronic permitting system (EPS) Relocations for construction projects thru utility coordinators and approved work plans Permit required for all road closure use EPS INDOT may deny a permit INDOT may revoke a permit

Exceptions Our goal is to create a flexible policy to minimize costs, schedule, and impacts to the highway and utility New approach – A utility may request an exception to any provision of this policy Each request for exception is considered thoroughly and individually on its own merit An approved exception is not considered a precedent for approval of any future request INDOT may grant an exception on its own initiative

Access Control Non-limited access control facility Partial limited access control facility Get with district to clarify Limited access control facility LA right-of-way at intersections – at grade or separated grade: Access control is to protect the main roadway Even if LA right-of-way extends along secondary roadway Crossing of secondary roadway in LA Right-of-Way is acceptable Pulling in the LA right-of-way line is acceptable to: Allow utility facilities on public right-of-way on LA facilities Access must be from outside the LA ROW line

Location (1) Utilities will install and relocate facilities with due consideration for: Safety Operation Maintenance Aesthetic characteristics of the highway And other users of the highway Minimize relocation for future highway improvements Enable future installations of additional facilities Enable repair and upgrade with minimum interference

Location (2) Above-ground facilities in accordance with IDM Chapter 303 Roadside Safety (Outside clear zone/Obstruction free zone) Crossing roadways at right angles or close thereto Crossing LA right-of-way supporting structures outside LA right-of-way Longitudinal runs as close to the edge of the right-of- way as possible Partial limited access longitudinal facilities discouraged Full access control longitudinal facilities not permitted Minimize installations under pavement (outside of wheel path) casting to grade – best practice Facilities not near or in areas of scenic enhancement

Location (3) Underground facilities must be capable of detection Continuous metallic component Metallic tape or tracer wire Warning device above high risk facilities Utility may place markers or signs in public right-of-way Existing facilities may remain – must meet: IDM Chapter 303 Utility Accommodation Policy On urban streets comply with prevailing conditions (flexible & creative) Avoid sites with high potential to interfere with construction

Design (1) The relocation drawing shall be on INDOT plans, show stations, offsets and elevations of the utility facilities. Each utility is responsible for its own design Utilities shall provide complete and accurate drawings with sufficient details Cost to provide information belongs to the utility Installations will comply with industry standards Designed for: Long service life Use durable materials Relatively free from routine maintenance Installed without disturbing pavement Boring and jacking allowed within limits Trenchless technology in accordance with Std. Spec. Sect. 716

Design (2) If a utility wants to modify a permitted design: Permit addendum required Revised drawing required New installation submitted to District Permit Manager Facility relocation submitted to Utility Coordinator Encourage multiple facilities in same duct or trench If multiple facilities – one utility (owner) has the lead Light poles are single pole construction Located in accordance with IDM Chapter 502 Above-ground installations permitted only for Utility poles Light poles (if in clear zone > breakaway design) Appurtenances to underground facilities (pedestals, hydrants)

Construction (1) Preservation – Minimize areas disturbed by installation Restoration – Timely return to equal or better condition (INDOT Standard Specification) Trees – No spraying or trimming with out permission Drainage – Must maintain existing drainage patterns Environmental permits – Utility responsibility: Erosion control Sediment control Storm water management Control of Traffic – In conformance with: Indiana MUTCD INDOT Work Zone Safety Handbook Traffic Control Plan – IDM Chapter 503

Construction (2) Work Site Safety Records Work site secure against hazards to the public INDOT may direct the work to stop during inclement weather Facilities maintained in good repair: functionally, esthetically Records Utility maintains all records Records will be accurate, complete, understandable Records will include service lines Records will be provided on request at no cost Trenches, Bedding, Backfill (INDOT Standard Specification) Restoration of structural integrity of road bed Security of the pipe against deformation likely to cause leakage Assurance against trench becoming a drainage channel

Construction (3) Underground Plant Protection Services Pavement cuts Refer to as Indiana 811 Covered under IC 8-1-26 Contact at least 2 days prior to digging for construction SB 472 (signed into Law on 4/21/17) Provides that a design information notice must be received by the association at least 10 full working days but not more than 20 calendar days before the commencement of the preliminary engineering studies Color-coded markings Pavement cuts Open cutting of pavement not permitted Road closures Must request a permit using electronic permitting system

Construction (4) Emergency Repairs May be performed without a permit Contact the district prior to entering public right-of-way Submit permit application within seven working days Inactive facilities (No more abandonment) Out of service facilities – Will be restored to use Retired in place facilities – Will not be restored to use No abandonment allowed – Utility remains and is always responsible Facilities in conflict – Shall be removed by utility INDOT may inspect all facilities on public right-of-way INDOT will provide notice of any deficiencies Utility will establish time frame for corrective action

Structures Utility Structures INDOT Structures May construct bridge or tunnel to place facilities Utility is responsible for design, construction, maintenance INDOT will participate in costs if utility is reimbursable INDOT Structures No attachment for facilities of: Hazardous, explosive, high voltage, high pressure, heated Discourages attachment of all other types of facilities Utility will request in writing for permission to attach Utility will provide details of its requirements Utility agrees to pay all added costs of design/construction Existing facilities require structural analysis by PE

Specific Facility Types Liquid petroleum lines Gas lines, high pressure Gas lines, low pressure & medium pressure Water lines Sanitary sewer lines Overhead power lines and communications lines Underground power lines Underground communication lines Irrigation and drainage pipes, ditches and canals Leave the specific details for your review

Specific Facility Types

Appendix A Minimum Depth of Cover for Utility Lines Minimum Depth of Cover for Utility Lines (Feet) Under or within 5 ft of pavement or structure(1) Not under or within 5 ft of pavement or Structure Under ditches Liquid Petroleum Lines Encased 4.0 3.0 Liquid Petroleum Lines Not Encased High Pressure Gas Lines Encased High Pressure Gas Lines Not Encased Medium & Low Pressure Gas Lines Encased Medium & Low Pressure Gas Lines Not Encased Water Lines(2) Sanitary Lines Underground Power Lines Encased Underground Power Lines Not Encased Underground Communication Lines Encased Underground Communication Lines Not Encased Notes (1) Minimum 2.0 ft below structure or improvement (2) Dependent on Ten State Standards and IDEM

10 State Standards

Agenda Learning objectives Why discuss these standards? What are these standards? Relevant chapters Significant facts Summary

Learning Objectives At the end of this presentation the attendee will be able to: Explain why discuss 10 State Standards Describe what are these standards State the relevant chapters Know and apply relevant standards

Why Discuss 10 State Standards? Used by the water industry Review work plans for compliance Drawings Cost estimates Avoid future relocations for compliance Understand reimbursable costs

What are 10 State Standards? Recommended Standards For Water Works 2012 Edition Policies for the Review and Approval of Plans and Specifications for Public Water Supplies A Report of the Water Supply Committee of the Great Lakes – Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers http://10statesstandards.com/waterrev2012.pdf

10 State Standards (2) Member states and Canadian province: Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, New York, Ohio, Pennsylvania, Wisconsin and Ontario Published by: Health Research Inc. Health Education Services Division, P.O. Box 7126, Albany, NY 12224 (518) 439-7286 http://www.healthresearch.org Copyright © 2012 by the Great Lakes – Upper Mississippi River Board of State and Provincial

10 State Standards (3) Two relevant sections: Chapter 7: Finished Water Storage Chapter 8: Distribution System Piping and Appurtenances

10 State Standards (4) Water mains should be laid at least 10 ft. horizontally from sources of contamination (storm or sanitary sewer) Water mains crossing sewers should be placed with at least 18 in. of vertical separation above or below (minimum 45 degrees crossing) The minimum diameter of a water main providing fire protection and serving fire hydrants is 6 in. The minimum diameter of a water main not providing fire protection is 3 in.

10 State Standards (5) Sewers, drains, standing water and other sources of contamination must be kept at least 50 ft. from reservoirs Properly tested gravity sewers may be used between 20 ft. and 50 ft. of a reservoir For crossing under a body of water, a minimum cover of 5 ft. is needed

10 State Standards (6)

10 State Standards (7)

Presentation Summary Introduced and summarized the following: 105 IAC 13 Utility Accommodation Policy 10 State Standards