Abandonment of Underground Facilities
in the ROW
UPDATE: OH, CA
Requested by: Hawaii
Survey Deadline: November 9, 2007
In the past HDOT allowed abandonment of underground facilities in the ROW, but ran
into many problems, including the need to clean-up after the fuel/oil companies because
of leaks in old fuel oil lines that supposedly had been cleaned, plugged & abandoned.
HDOT currently has a "NO ABANDONMENT" Policy where we require removal of any
facility that is requested to be abandoned. Our Director may grant a waiver to the policy,
but in doing so the applicant must enter into an agreement that covers future liabilities &
obligations. Since the policy took effect in 2002, the Director has not allowed
abandonment of any facility that contained hazardous materials.
We would appreciate knowing about the experiences of the other States.
Aloha & Mahalo,
Mike Amuro
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
There are no known problems similar to the one described. California does allow for
abandonment of all types of lines. If an abandoned line is under the asphalt and integrity
of the highway structure must be maintained, we require the abandoned line to either be
removed or backfilled with slurry or sand. If the line was used for water or other non
hazardous material, it is often crushed in place by our contractor. All of this is done
under the supervision of the Resident Engineer for the California Department of
Transportation. Generally, old lines with asbestos are removed, wrapped and taken to
an approved Hazardous Waste dump site.
COLORADO
CONNECTICUT
IV. ENVIRONMENTAL RULES FOR UTILITY WORK WITHIN STATE RIGHT-OF-WAY
A. General:
Compliance with environmental rules and regulations for utility work within the State
right-of-way will be adhered to on all State projects involving issues regarding
contaminated materials and contaminated facilities. The public service
company/municipality will work in conjunction with the Department’s Utilities Section
and Environmental Compliance Section to address issues associated with
encountered contaminated materials or contaminated facilities on State projects.
This section provides guidance to the public service company/municipality when 1)
encountering contaminated materials, 2) dealing with a contaminated facility, and 3)
requesting to abandon in place a contaminated facility on a State Project.
B. Contaminated Materials:
When it has been determined by environmental site investigations, or any other
means, that the public service company/municipality is likely to, or will, encounter
contaminated materials during relocation activities within the project limits, the
following will apply:
1. The State shall furnish to the public service company/municipality, copies of
all environmental site investigation reports, when applicable, prepared by the
State within the project limits.
2. The public service company/municipality shall be responsible for the health
and safety of their employees and subcontractors.
3. The public service company/municipality shall reuse all excavated suitable
material associated with facility relocation, in accordance with the "Connecticut
Department of Environmental Protection Guidance for Utility Excavation," dated
January
30,
2001,
and/or
any
subsequent
revisions.
(see
http://www.ct.gov/dep/cwp/view.asp?A=2715&Q=324962)
4. The public service company/municipality shall provide the State an estimate
of the quantity of materials that the public service company/municipality does not
expect to be able to reuse for the State project.
5. The State will provide the public service company/municipality with a
designated Waste Stockpile Area (WSA) to temporarily store unusable
contaminated materials.
6. The public service company/municipality will arrange for the transportation of
all materials not suitable for reuse to the designated WSA.
7. The State will arrange for the transportation, disposal or reuse of all
contaminated material from the WSA.
8. The public service company/municipality shall provide the State with a
schedule of construction activities for the State project, in order for the State to
arrange for the handling and disposal of contaminated materials.
9. The public service company/municipality shall arrange for the handling,
treatment and disposal of contaminated groundwater generated as a result of
construction dewatering activities.
10. In the event the public service company/municipality relocates facilities during
the State construction project, and the State’s contractor has implemented
procedures and/or equipment to manage or treat contaminated groundwater, the
State may arrange for the handling, treatment and disposal of contaminated
groundwater by the State’s contractor. The public service company/municipality
shall provide the State with an estimate of the expected generated quantities of
contaminated groundwater for the State project.
C. Contaminated Facilities:
When contaminated facilities have been identified to be in conflict with the State
project prior to the construction phase or have been discovered during the
construction phase of the State project, the following will apply:
1. The public service company/municipality will not be permitted to abandon in
place any contaminated facility which is in conflict with the project.
2. The public service company/municipality will be responsible for the removal
and proper disposal of the contaminated facility.
3. In the event the State’s contractor discovers a contaminated facility during the
construction phase of the State Project, the public service company/municipality
will be notified promptly, and the State may arrange for removal and temporary
storage of the contaminated facility at a WSA by the State’s contractor.
4. The public service company/municipality must arrange for the transportation
and proper disposal of the contaminated facility discovered by the State’s
contractor within (60) sixty days of the date of its discovery.
5. A representative of the public service company/municipality shall sign all
manifests and/or bills of lading as “generator.”
D. Abandon-in-Place Facilities
In the event the public service company/municipality desires to abandon in place
contaminated facilities not in conflict with the State project, the following shall apply:
1. The public service company/municipality must request permission in writing
from the State and any other regulatory agency having jurisdiction to abandon in
place the contaminated facility not in conflict with the State project.
2. In the event, the public service company/municipality is granted permission in
writing by the State to abandon in place a contaminated facility, the public
service company/municipality will retain ownership of the facility. The public
service company/municipality shall be responsible for all costs associated with
releases from facilities that are abandoned in place.
DELAWARE
DISTRICT OF COLUMBIA
FLORIDA
Florida does not allow "abandoned" facilities in the R/W. If we did, we would become
owners of thing we have no idea what they are or where they are. All facilities require a
permit which identifies the owner and their responsibilities. They own it until it is
removed from the R/W. If for some reason they want to "abandon" it, we tell them they
can leave it in place but "out-of-service". This way they are still responsible for the
facility until it is removed, whether they use it or not. We have a campaign to eradicate
the term "abandoned" when dealing with utilities. It is either "in-service" or “out-ofservice", but always the owned by the utility. And, they are always responsible for it.
GEORGIA
HAWAII
IDAHO
ILLINOIS
Illinois DOT has an extensive written policy for the acquisition of property with special
wastes. Following is a link to that policy. See especially Chapter 10, Section 10.01-7.
http://www.dot.il.gov/landacq/lamanual/Chapter%2010/Chapter%2010%20Text.pdf
We do not allow underground storage tanks, associated piping, or other another "facility"
to remain in place when we acquire contaminated property.
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
The Michigan DOT has not experienced the leaking issues you mentioned in your e-mail.
However, we do not allow "abandonment" of facilities within the right-of-way. We only
allow a utility to place a utility line out of service. This is intended to indicate that the
utility company is still the owner of the facility and is still required to maintain records
future transportation improvements and remove the line at their cost if necessary.
A procedure with more detail is attached to this message.
UCM6.08_1.pdf
MINNESOTA
In Minnesota, we set guidelines in our Accommodation Policy. The applicable sections
follow:
F. Discontinued Use of Facilities
1. Above Ground Facilities. If a utility owner discontinues use of an above ground
facility, the facility shall be entirely removed from the right of way within one year
after its use is discontinued, unless Mn/DOT grants written approval for a time
extension. All removal costs shall be the responsibility of the utility owner.
2. Underground Facilities. If a utility owner discontinues use of an underground facility
but desires to leave it in place on the right of way, written approval to do so shall be
obtained from Mn/DOT and a record shall be kept in the utility owner’s permanent
files in order that such facility may be accurately located in the field. Mn/DOT may at
its discretion require abandoned and out-of-service pipes and appurtenant facilities
(e.g., manholes, pull boxes, etc.) to be filled in or removed. All necessary removal
and related costs shall be the responsibility of the utility owner.
3. Bridge Attachments. If a utility owner discontinues use of a facility on a highway
bridge but desires to leave it in place on the bridge, written approval to do so shall be
obtained from Mn/DOT. Any abandoned or out-of-service facilities that are removed
from a bridge must be done so utilizing removal procedures approved by the
Mn/DOT Bridge Office. All required removal costs shall be the responsibility of the
utility owner.
MISSISSIPPI
MISSOURI
When right of way is purchased for highway construction and when gasoline stations are
in the corridor, it is our procedure to remove underground petroleum storage tanks and
contamination within our property boundaries resulting from them. We have also
recently encountered abandoned mine shafts where we have paid to have them properly
closed.
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
New Hampshire includes wording in our Trench permits (for the initial installation)
indicating that the Utility Owner is responsible for removal of the facility. We typically
only require removal when it is in conflict with our work. When I started enforcing this
several years ago it was met with quite a bit of resistance. Prior to that, the Department
removed the facilities during our construction as project costs.
NEW JERSEY
NEW MEXICO
NEW YORK
Your question about abandonment of underground facilities in the right-of-way was
forwarded to me to answer.
The New York State Dept. of Transportation (NYSDOT) does not have a "no
abandonment" policy. My poll of other long-term NYSDOT staff did not turn up any
problems such as those you are experiencing in Hawaii.
As part of our permit process we require any abandoned lines to be cleaned, and we
have the ability to inspect abandoned lines if we want to do so. We also can require the
utility to supply some type of inspection or closure report of certification of their own.
Below are a few sections copied and pasted from NYSDOT policies that deal with
abandonment:
131.13 Abandoned Facilities.
The utility shall remain responsible for all abandoned utility facilities. The Department
on reasonable notice may require the removal of abandoned utility facilities and
restoration of the right-of-way, when necessary to avoid interference with
theoperation, maintenance or reconstruction of the highway. If the utility shall fail to
remove the abandoned facility within a reasonable time after such notice, the
Department may cause the removal of the facility. Any expenses incurred by the
Department arising from abandoned utility facilities shall be reimbursed by the utility
or its successor."
"Requirements for the Design and Construction of Underground Utility Installations
Within the State Highway Right-of-Way
2.13
The owner of an installation shall notify the Region in writing of the intention to
abandon its facilities in place. Such abandoned underground installations within the
State right-of-way shall remain the responsibility of the utility. NYSDOT may give
reasonable notice to require the removal of abandoned utility facilities and
restoration of the right-of-way, or the filling of any such facility by an approved
method, when necessary to avoid interference with the operation, maintenance or
reconstruction of the highway. If the utility shall fail to remove the abandoned facility
within a reasonable time after such notice, NYSDOT may cause the removal of the
facility. Any expenses incurred by NYSDOT arising from abandoned utility facilities
shall be reimbursed by the owner or its successor."
NORTH CAROLINA
NORTH DAKOTA
NDDOT does not require any removal of abandoned underground facilities as of this
time. However, we do require them to grout the gas line.
OHIO
Ohio does not have a policy concerning abandoned utilities, we currently leave them in
place. This is something we are looking at, but do not see any change in the
foreseeable future
OKLAHOMA
Oklahoma does not have a specific policy regarding "abandonment" of facilities within
public right-of-way. Our policy addresses accommodation within public right-of-way, but
not what happens when a utility owner "abandons" a facility.
However, I'm supportive of your policy and interested in knowing how you are able
enforce it; i.e. who is responsible for notification, inspection, etc.
OREGON
PENNSYLVANIA
In Pennsylvania, we do allow the abandonment of underground facilities within the state
highway right-of-way. We have not run into problems with this.
The following information is from PennDOT’s Design Manual Part 5 (Utility Relocation),
Publication 16M.
“Pipelines with a 200 mm (8 inches) inside diameter or greater with less than 1 m (3 feet)
in depth from finished roadway and shoulder grades, which are to be abandoned within
highway right-of-way, must be purged of all product, backfilled with a flowable fill, capped
and sealed. Where the pipeline is 200 mm (8 inches) in diameter or greater and the
depth from finished roadway and shoulder grades are in excess of 1 m (3 feet) provided
approval is obtained from appropriate District Offices (i.e. Construction or Maintenance),
this requirement may be waived. The utility must process the request for approval of the
waiver through the District Utility Unit.
Utility installations must, in addition to any regulations established by the Department for
specific types of facilities, comply with all applicable current industry codes and federal
regulations.”
The responsibility of the relocation costs depends on what real property interest the utility
has and if the utility is a municipality or municipal authority.
Attached are chapter 3 (Reimbursement Basis) and chapter 8 (Cost Development,
Reimbursement, Estimates and Billing) from PennDOT’s Design Manual Part 5. Chapter
8.4.N explains how the state’s share is determined.
The utilities do not pay us rent. They are issued a permit to be in PennDOT’s highway
R/W and a bridge occupancy license (BOL) to be attached to PennDOT’s highway
structures. There are fees for the BOL.
Chapter03.pdf
Chapter08.pdf
PUERTO RICO
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESEE
TEXAS
UTAH
Utah DOT does not require the removal of abandoned utility lines within the ROW.
VERMONT
VIRGINIA
WASHINGTON
Removal is our first consideration, but we do allow deactivation in place. But the facility
remains under permit in the utility's name, in case of future haz-mat issues. I'm attaching
our newly developed guidance if it will provide any help.
Abandoned Section 130.06, Deactivated, or Disconnected Utilities
Discovery of abandoned, deactivated, or disconnected utilities often results in project
delays during highway improvement projects or maintenance activities. There is also
a safety issue when locating underground utilities near other active utility lines.
Whenever possible, the first goal should be to completely remove any utility facility no
longer required by the utility owner, at the owner’s expense.
When utility removal is infeasible (which it often is), take appropriate steps to
document and secure the abandoned, deactivated, or disconnected utilities’ status
and ownership. Maintain an accommodation document on file to document the
location, ownership, and status of abandoned, deactivated, or disconnected in-place
utilities. Refer to Pipelines for guidance on abandoning pipes and casings.
Certain utilities that are abandoned, deactivated, or disconnected but are not
removed, such as pipes or casings, may offer opportunities for future utility
installations without the need to install additional ducting or casings. Consideration
should be given to the safety of the public, the condition of the existing utility,
compliance with current standards, and other issues that may be evident.
If feasible, completely remove direct buried utility company facilities such as
telecommunication lines, unless the facility lies under an existing roadway. If the
department has a need for such facilities and would benefit from acquiring ownership
of such, then there may be a purpose for keeping the facilities in place [n1].
(1)
(1) Removal of Hazardous Materials
Utility facilities that may have transported hazardous materials, or any utilities
composed of hazardous materials, must be completely removed at the owner’s
expense at the time of abandonment. Removal may also be delayed until some
future time, as approved by the department. Avoid placing the department in a
position where it may need to pay for the future cost of removal and disposal of
hazardous materials or contaminants.
(1)
(2) Options
Utilities that wish to abandon, deactivate, or disconnect utilities in place and avoid
removal costs may do so, but only under specific circumstances. Facilities that are
abandoned, deactivated, or disconnected in place remain the property and
responsibility of the utility owner, unless the owner wishes to transfer ownership to
the department and the department agrees.
(a) Ownership Maintained by Utility
Utilities that wish to keep ownership of deactivated or disconnected facilities that
have been left within the operating highway right of way, must maintain an
accommodation document listing the facility as deactivated or disconnected.
Until abandoned utilities are either removed or ownership is transferred to another
organization, the utility facility remains the responsibility of the utility owner of record.
(b) Ownership Transferred to Department
Utilities that wish to transfer ownership of abandoned facilities to the department may
do so, provided the department agrees to the transfer.
Requirements for such transfers are:
The department must have a clear and present need for using the utility.
The utility agrees to release all future claims to the facilities.
The transfer must be at no cost to the department, as the transfer is for the
convenience of the utility.
Contact the HQ Utilities Office if transfer of ownership is being contemplated by a utility.
(3) Documentation
Ownership of abandonned, deactivated, or disconnected utilities should be
documented using a new and/or existing utility accommodation document. A file
should be maintained in the region and described under Accommodation Documents,
Administration and Management. A database record should also be maintained
listing the utility as “Inactive.”
WEST VIRGINIA
WISCONSIN
Attached are WisDOT's policy, 96.06, and another policy that is referenced in 96.06.
WisDOT hasn't had many problems related to hazmat from abandoned utility facilities in
our R/W.
9606.pdf
9604.pdf
WYOMING