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(a)In addition to the requirements of §8.310 of this title (relating to Hazardous Liquids and Carbon Dioxide Pipelines Public Education and Liaison), each owner or operator of each intrastate hazardous liquids pipeline or pipeline facility and each intrastate carbon dioxide pipeline or pipeline facility shall comply with this section. (b)This section applies to each owner or operator of a hazardous liquid or carbon dioxide pipeline or pipeline facility any part of which is located within 1,000 feet of a public school building containing classrooms, or within 1,000 feet of any other public school facility where students congregate. (c)Each pipeline owner and operator to which this section applies shall, for each pipeline or pipeline facility any part of which is located within 1,000 feet of a public school building containing classrooms, or within 1,000 feet of any other public school facility where students congregate, file with the Commission's Safety Division, no later than January 15 of every odd numbered year, the following information: (1)the name of the school; (2)the street address of the public school building or other public school facility; and (3)the identification (system name) of the pipeline. (d)Each pipeline owner and operator to which this section applies shall: (1)upon written request from a school district, provide in writing the following parts of a pipeline emergency response plan that are relevant to the school: (A)a description and map of the pipeline facilities that are within 1,000 feet of the school building or facility; (B)a list of any product transported in the segment of the pipeline that is within 1,000 feet of the school facility; (C)the designated emergency number for the pipeline facility operator; (D)information on the state's excavation one-call system; and (E)information on how to recognize, report, and respond to a product release; and (2)mail a copy of the requested items by certified mail, return receipt requested, to the superintendent of the school district in which the school building or facility is located. (e)A pipeline operator or the operator's representative shall appear at a regularly scheduled meeting of the school board to explain the items listed in subsection (c) of this section if requested by the school board or school district. (f)Records. Each owner or operator shall maintain records documenting compliance with the requirements of this section. Records of attendance and acknowledgment of receipt by the school board or school district superintendent shall be retained for five years from the date of the event that is commemorated by the record. Records of certified mail transmissions undertaken in compliance with this section satisfy the record-keeping requirements of this subsection.
This agency hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed
with the Office of the Secretary of State on January 15, 2009
TRD-200900211 Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Effective date: February 4, 2009
Proposal publication date: October 10, 2008
For
further information, please call: (512) 475-1295
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