1. (a) General. When, due to a highway construction project, a utility is required to relocate its facility from property in which it owns a property interest, the department will acquire the utility's abandoned property interest within the new highway right of way.
2. (b) Change of ownership or function. If a utility sells, assigns, or conveys its facility to another company, the new owner must notify the department of the sale within a reasonable period of time and provide the name, address, and phone number of a person to be contacted on matters concerning the utility facility, and must update all call signs and markers within a reasonable period of time.

3. (c) Abandonment or idling of facility.

   1. (1) Abandonment in place.

      1. (A) A utility that wishes to abandon a utility facility in place must submit a written request to the district engineer for each type of facility. The request must include the following detailed information for each facility proposed for abandonment:

         1. (i) offsets from property lines and the centerline of the highway;
         2. (ii) coordinates based on the global positioning system (GPS) or a survey datum as directed by the department;
         3. (iii) the age, condition, material type, current status, quantity, and size of the facility;
         4. (iv) a legend explaining symbols, characters, abbreviations, scale, and other data shown on any as-built drawing or record mapping;
         5. (v) a statement certifying that the facility does not contain, or is not composed of, hazardous or contaminated materials; and
         6. (vi) any additional information requested by the department.
      2. (B) If the district engineer approves the abandonment in place, the utility facility owner shall continue to map, locate, and mark its abandoned facilities as required by this subchapter, federal regulations, or standards adopted by industry organizations, whichever is more restrictive.
      3. (C) Abandonment shall not be construed as a change in ownership of the facility.
   2. (2) Abandonment costs and restoration of public right of way. The utility shall be responsible for all costs associated with the maintenance or removal of its abandoned or idled lines within the right of way, unless adjustment of the line is the financial responsibility of the department.
   3. (3) Voids. Significant voids beneath the right of way are prohibited. The department, at the discretion of the district engineer, may require that a facility be filled with cement slurry or backfilled in accordance with department standards.

   4. (4) High and low pressure gas pipeline abandonment. Each owner/operator shall conduct abandonment or deactivation of pipelines within the right of way in compliance with the requirements of this section, current federal, state, or local laws or codes, or industry standards, whichever are more stringent. If the line is approved for abandonment, the utility shall:

      1. (A) purge, cut, and cap or plug the ends of all facilities at the right of way lines;
      2. (B) submit to the department a written certification that the abandonment conforms with all requirements of this section, current federal, state, or local laws or codes, or industry standards, whichever are more stringent;
      3. (C) slurry-fill the facility, if the department determines it is needed due to the age, condition, material type, quantity, and size of the facility; and
      4. (D) disconnect each pipeline from all sources and supplies of gas, purge each pipeline of gas and, in the case of submerged pipelines, fill each pipeline with water or other approved materials, and seal it at the ends.

   5. (5) Abandoned service lines or lines not in use. For each service line approved for abandonment, the utility shall:

      1. (A) provide a locking device or other means designed to prevent opening on each valve that is closed, to prevent the flow of gas to the customer;
      2. (B) install in the service line or in the meter assembly a mechanical device or fitting that will prevent the flow of gas;
      3. (C) physically disconnect the customer's piping from the gas supply and seal the open pipe ends;
      4. (D) insure that a combustible mixture is not present after purging; and
      5. (E) fill each abandoned vault with a suitable compacted material.

   6. (6) Record keeping for abandoned facilities. A record of underground utility facilities abandoned in the right of way shall be maintained in a utility's permanent files until the facility is completely removed from the ground, and shall be provided to the department promptly upon request. This record must include:

      1. (A) offsets from property lines and the centerline of the right of way;
      2. (B) coordinates derived from the global positioning system being used by the department or a survey datum as directed by the department;
      3. (C) the type, quantity, and size of the equipment;
      4. (D) a legend explaining symbols, characters, abbreviations, scale, and other data shown on map;
      5. (E) the location of the abandoned facilities; and
      6. (F) any additional information requested by the department.

Source Note:The provisions of this §21.39 adopted to be effective March 17, 2005, 30 TexReg 1455.