(a)
- (1) If a utility owner abandons any portion of its facilities located on highway right-of-way, it must notify the Arkansas Department of Transportation of that status in writing and indicate whether the facility will be removed or abandoned in place.
- (2) The notification must include a statement certifying that the abandoned facility does not contain, or is not composed of, hazardous or contaminated materials.
- (b) The utility owner shall indicate, on the plans, the location, size, and disposition for all utility facilities being abandoned.
(c)
- (1) If a utility owner discontinues use of an above-ground facility, the facility shall be entirely removed from the highway right-of-way within six (6) months after its use is discontinued, unless the department grants written approval for a time extension.
- (2) All removal costs shall be the responsibility of the utility owner.
(d)
- (1) If a utility owner discontinues use of an underground facility but desires to leave it in place on the highway right-of-way, written approval to do so shall be obtained from the department and a record shall be retained in the utility owner's permanent files in order that such facility may be accurately located in the field.
- (2) The department may, at its sole discretion, require abandoned and out-of-service pipes and appurtenant facilities, e.g., manholes, pull boxes, etc., to be filled in or removed.
- (3) If so required, the utility owner shall fill in or remove the abandoned facilities within six (6) months after its use is discontinued, unless the department grants written approval of a time extension.
- (4) All necessary removal and related costs shall be the responsibility of the utility owner.
(e)
- (1) If a utility owner discontinues use of a facility on a highway bridge or structure, the facility shall be removed within six (6) months, unless the department grants written approval of a time extension.
- (2) Any abandoned or out-of-service facilities that are removed from a bridge must be done so utilizing removal procedures approved by the department.
- (3) All removal costs shall be the responsibility of the utility owner.
- (f) If the owner fails to remove the abandoned utility facilities, the department may do so at the expense of the utility owner.
- (g) Abandonment shall not be construed as a change in ownership of the facility.