sunshine 811 / fucc educational workshop

SUNSHINE 811 / FUCC

EDUCATIONAL WORKSHOP

FLORIDA GAS TRANSMISSIO

N COMPANY,

LLC

THE CURRENT SITUATION

In December, the USDOT/PHMSA will

make its final ruling whether Florida

has effective enforcement of Chapter

556, F.S.

If Florida enforcement is found ineffective,

Federal authority will be exercised.

Excavators who damage hazardous liquid

and natural gas pipelines may be fined:

• $200,000 per violation per day

• Max combined civil penalty of $2 million

WHAT IS EFFECTIVE ENFORCEMENT?

Effective enforcement is when the

state has…

1. Enforcement authority and civil penalties

2. A designated enforcement body

3. Implemented its authority and made

enforcement records available to public

4. Established reliable means of learning

about damages


state has…

5. Damage investigation practices adequate

to determine the at-fault party when

damage occurs.

6. Limited exemptions within the DP law.


state has…

7. A state law that requires excavators to:

a. Call 811 before digging

b. Respect the marks

c. Report pipeline damage to operator at

earliest practical moment

d. Excavators to call 911 if damage to

pipeline causes a release

PHMSA says…

Comprehensive, effective damage

prevention programs use 9 key

elements.

9 Elements

1. Better communication between operators and

excavators

2. Foster support and partnership of all

stakeholders

3. Operator uses performance measures for

locators

4. Partnership in employee training

9 Elements

5. Partnership in public education

6. Enforcement agencies’ role to help resolve

issues

7. Fair and consistent enforcement of the law

8. Technology that improves locating process

9. Use of data analysis to continually improve

program effectiveness

PHMSA Element 1

Better communication between

operators and excavators

PHMSA Element 2

Fostering support and partnership of all

stakeholders

PHMSA Element 3

Operator’s use of performance

measures for locators

PHMSA Element 4

Partnership in employee training

PHMSA Element 5

Partnership in public education

PHMSA Element 6

Enforcement agencies’ role to help

resolve issues

PHMSA Element 7

Fair and consistent enforcement of the

law

PHMSA Element 8

Use of technology to improve the

locating process

PHMSA Element 9

Data analysis to continually improve

program effectiveness

Positive Response

2 - Marked with Exception

Brad Martin and Brian Dean

SUNSHINE 811 / FUCC

EDUCATIONAL WORKSHOP

FLORIDA GAS TRANSMISSIO

N COMPANY,

LLC

Sponsors

Chapter 556.102 (10) “Positive Response” means the communications among member operators, excavators, and the system concerning the status of locating an underground facility.

What is it?

Positive Response – 22 Codes

1-Code: Marked (~35%) 2-Code: Marked with Exception (~1%) Four Sub-Codes and soon to be 5 3-Code: Unmarked (~16%) Thirteen Sub-Codes 4-Code: Clear No Facilities (~24%) 5-Code: No Conflict (~18%) 6-Code: Active Facilities – Do Not Demolish (0.1%) 8-Code: Ongoing Job (~7%)

Why Should I Check it?

Chapter 556.105 (9) (c)

An excavator shall verify the system’s positive responses before beginning excavation.

Positive Response – Online Example

Ticket ID: 995203743 Phone Number: (727) 424-7778

Dig Site Information Excavator Information

Ticket ID: 995203743

Street Name: PALM PLACE

Place: DREAM LAND

Company Name: MAIL BOXERS

Contact: Brian Dean

Phone Number: 727-424-7778

Service Area Current Response

BIG BILL – FIBER OPTICS 1: Marked

LIL FIRE – GAS COMPANY 3C: Unmarked with Delay Agreement

POOPEE DOOS – WASTEWATER No Response

ZAP YA – ELECTRIC COMPANY 2A: High Profile – Utility Will Contact

AQUA CLARA – WATER COMPANY 2B: Privately Owned Utilities

BIG BOOM – GAS TRANSMISSION 2C: Priority – Contractor Must Contact

NOT DEEP – PHONE COMPANY 2D: High Profile – Utility in Conflict

NO BEBER – RECYCLED WATER 2E: Marked White Lined Area

2A – Marked with Exceptions

High Profile Utility in Conflict

• Utility owner will attempt to contact the

excavator to schedule site surveillance

– Can be used by any utility owner

• Important trunk lines

• Older, fragile pipes

• High profile users

2B – Marked with Exceptions

Privately Owned Facilities on property

• Excavator must contact owner directly

Master Meter

Apartment

Complex

2C – Marked with Exceptions

High Profile Subsurface Installation in Conflict

• Pipeline Transporting Hazardous Materials

Examples

Jet Fuel Gasoline Diesel

Hazardous

Liquids

Anhydrous

Ammonia Carbon Dioxide

Working Near HPSIs

Excavator Must Notify Utility of Start Date and Time Can Notify Using the Postive Response System

Utility Gives “2C” Positive Response

15 Feet

15 Feet

2D – Marked with Exceptions

High Profile Utility in Conflict

• Contact utility with any questions

– Can be used by any utility owner

• Important trunk lines

• Older, fragile pipes

• High profile users

2E – Marked with Exceptions

New Code – Not Yet Active

White Lined Area Marked

• Prior to excavator moving outside the white

lined area, the utility must be notified

Gas

Transmission

PPT

PROPOSED LEGISLATION

Chapter 556, F.S., approved August 12, 2016

Proposed Legislation Purpose

• Allows state or local enforcement to keep 80% of civil

penalty

• Requires excavators to call 911 when contact with a buried

pipeline results in the release of a hazardous material or

substance

• Require members to report underground facility damages

annually

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• Authorizes the system to analyze the damage data

• Requires the system to provide an annual summary of damages to the

President of the Senate, the Speaker of the House of Representatives

and the Governor pursuant to s. 556.103.

Proposed Legislation Purpose

Chapter 556 Proposed Amendments

Related to Damage Reporting

s.556.103(5) The board of directors shall submit to the

President of the Senate, the Speaker of the House of

Representatives, and the Governor, not later than 60 days

before the convening of each regular session of the

Legislature, an annual progress report on the participation

by municipalities and counties in the one-call notification

system created by this chapter. The report must include a

summary of the reports to the system from the clerks of



court, as well as a summary of the damage reporting data

received by the system pursuant to s. 556.105(12) for the

preceding year, and any analysis of the data authorized by

the board of directors.

[Note—the foregoing section requires annual reporting by the

system (Sunshine 811) to the Legislature of the damage data

reported to it pursuant to the amendment proposed to s.

556.105(12); authorizes the Sunshine 811 to analyze the

damage data reported to it, if so authorized by the Board; and

requires reporting on any analysis of the data authorized by the

Sunshine 811 Board]

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s. 556.105(12) If any contact with or damage to any pipe,

cable, or its protective covering, or any other underground

facility occurs, the excavator causing the contact or damage

shall immediately notify the member operator. If any

contact with or damage to an underground pipe results in

the escape of any natural and other gas or hazardous liquid

regulated by the Pipeline and Hazardous Materials Safety

Administration of the United States Department of

Transportation, the excavator must



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immediately report the contact by calling the 911

emergency telephone number. Upon receiving notice, the

member operator shall send personnel to the location as

soon as possible to effect temporary or permanent repair of

the contact or damage. Until such time as the contact or

damage has been repaired, the excavator shall cease

excavation or demolition activities that may



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cause further damage to such underground facility. When

an event giving rise to a notice results in damage to any

pipe, cable or its protective covering, or any other

underground facility, the member operator receiving the

notice shall file a report with the system. Reports shall be

submitted to the center annually, no later than March 31st



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for the prior calendar year, or more frequently at

the option of the member operator. The report

shall describe, if known, the cause, nature and

location of the damage. The system shall

establish and maintain a process to facilitate

submission of reports by member operators.



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[The foregoing amendments add two new

requirements to this section—1) to report damage

to an underground pipe that results in escape of

gas or hazardous liquids immediately by calling the

911 emergency number; and 2) to annually report

(or more frequently at the option of the member) to



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the system any contact resulting in damage to a

facility which must describe, if known, the cause,

nature and location of the damage. The system is

authorized to create a process for submission of

the reports.]



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s. 556.107(1)(c) Any excavator or member operator who commits a noncriminal

infraction under paragraph (a) may be required to pay a civil penalty for each

infraction, which is $500 plus court costs. If a citation is issued by a state law

enforcement officer, a local law enforcement officer, a local government code

inspector, or a code enforcement officer, 80 percent of the civil penalty

collected by the clerk of the court shall be distributed to



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the state or local governmental entity whose employee

issued the citation and 20 percent of the penalty shall be

retained by the clerk to cover administrative costs, in

addition to other costs. If a citation is issued by a state law

enforcement officer, the civil penalty collected by the clerk

shall be retained by the clerk for deposit into the fine and

forfeiture fund established pursuant to s. 142.01.



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Any person who fails to properly respond to a citation

issued pursuant to paragraph (b) shall, in addition to the

citation, be charged with the offense of failing to respond to

the citation and, upon conviction, commits a misdemeanor

of the second degree, punishable as provided in s. 775.082

or s. 775.083. A written warning to this effect must be

provided at the time any citation is issued pursuant to

paragraph (b).



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[Note—the amendments to this section will permit state

law enforcement officers who issue citations to excavators

of member operators who commit noncriminal infractions

under section (a) to receive 80 percent of the penalty

money received as a result of the citation, as local law

enforcement is currently authorized to receive. State law

enforcement officers currently are prohibited from

receiving any of the penalty money resulting from citations

they issue.]



DAMAGE REPORTING TOOL

Florida DIRT

Sunshine 811 recommends

Florida DIRT as the damage

reporting tool.

Florida DIRT helps us understand why damages

occur. What do we do with it?

• Develop targeted education

• Justify common-sense legislative changes

• Justify policy changes

DIRT is NOT…

• Used for enforcement purposes

• Used to determine damage

liability

DIRT IS…

Confidential

Secure

Unbiased

Where is Florida DIRT?

sunshine811.com

Click RESOURCES

Click FORMS

FORMS

TOP NAVIGATION

1

2

Florida DIRT (Damage

Information Reporting Tool)

FORMS

Florida DIRT (Damage Information Reporting Tool)

FL DIRT = Green background and

Sunshine 811 logo

Registration screen has a blue

background

DIRT Registration Questions

1. Country

2. Stakeholder group

3. One-call affiliation (select NO – OTHER

Company/Organization)

4. Where you operate

5. Select Florida Virtual Private DIRT

CGA Single Sign-on Account

Security Credentials

Email

Password

Birthday Month

Birthday day

Favorite animal

Favorite color

Contact information

Option 1

Choose an existing company

Option 2

Enter a new company and

then enter requested

information

Select Your Role

User

enters & views data

Manager

user functions, edits data & generates reports

Company Administrator

manager functions & company level access and

editing control

If your company is already using

national DIRT, you need to grant

Sunshine State One Call of Florida,

Inc.’s Company Administrator access

to your Florida data.

Provide New Data Grant

Florida DIRT Input Screen

Florida DIRT Input screen


The items in red are required


The root cause helps us determine the type of

education needed

Quicker Uploading

Upload DIRT data in bulk with the

Universal Front End Loader!

Automated Data Loader (ADL)

To access the

loader:

1. Login to

Florida DIRT

2. Click “File

Upload”

ADL

• Click “File Upload Specification”

– Data descriptions are detailed here.

– All data submitted as text.

• Visit sample data page, download .xls file:

http://sandbox.damagereporting.org/train

http://sandbox.damagereporting.org/train

ADL

A video tutorial walks

you through the ADL

process. The link is

under “Training” in

the main Florida DIRT

menu.

sunshine 811 / fucc educational workshop

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