| (a) The saltwater pipeline operator shall use the right
of way beneath or above the established gradeline of a highway in
conformance with §21.36 and §21.40 of this chapter (relating
to Rights of Utilities and Underground Utilities, respectively) and
shall provide sufficient vertical and horizontal clearances for the
construction, operation, maintenance, ventilation, and safety of highway
facilities.
(b) The saltwater pipeline operator may not install
a saltwater pipeline facility in a location that will interfere with
the visibility or reduce sight distance or in any other way interfere
with the safety and free flow of traffic or level of service on highway
facilities.
(c) Any structural support for a saltwater pipeline
facility to be constructed on the right of way shall be located to
clear all horizontal and vertical dimensions specified by design standards
of the department.
(d) The saltwater pipeline operator may not use right
of way in any way that results in any person, whether or not a highway
user, being unduly exposed to hazardous materials or conditions.
(e) The saltwater pipeline operator shall provide appropriate
safety precautions and features necessary to minimize the possibility
of injury to users of either highway facilities or the right of way.
The department will not approve construction of saltwater pipeline
facilities over or under highway facilities, unless the plans contain
adequate provisions, acceptable to the department, for evacuation
of the facilities in case of an accident that endangers those occupants.
(f) A saltwater pipeline facility must be fire resistant
and conform with existing applicable local codes, a nationally accepted
model construction standard, or other standards required by the department.
(g) The design, occupancy, and use of any saltwater
pipeline facility may not result in the use, safety, appearance, and
the enjoyment of the highway facilities being adversely affected by
fumes, vapors, odors, drippings, droppings, or discharges of any kind
from the saltwater pipeline facility.
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