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7560.0100 DEFINITIONS.

Subpart 1.

Scope.

The terms used in this chapter have the meanings given them. Terms not defined in this part have the meanings given them in Minnesota Statutes, section 216D.01.

Subp. 1a.

Abandoned facility.

"Abandoned facility" means an underground facility that is no longer in service and is physically disconnected from a portion of the operating facility that is in use or still carries service. An abandoned facility has been deemed abandoned by the operator.

Subp. 2.

Director.

"Director" means the director of the Office of Pipeline Safety of the Minnesota Department of Public Safety.

Subp. 3.

Good cause to believe.

"Good cause to believe" means grounds put forth in good faith that are not arbitrary, irrational, unreasonable, or irrelevant and that are based on at least one of the following sources:

A.

information from a person;

B.

facts supplied by the notification center defined in Minnesota Statutes, section 216D.01, subdivision 8;

C.

facts of which the director or an agent of the director has personal knowledge; and

D.

information provided by excavators or operators.

Subp. 4.

Locate.

"Locate" means an operator's markings of an underground facility.

Subp. 5.

[Renumbered as subp 8]

Subp. 5a.

[Renumbered as subp 9]

Subp. 6.

[Renumbered as subp 11]

Subp. 7.

Meet.

When used as a noun in this chapter, "meet" refers to a meeting at the site of proposed excavation requested at the time of notice by the excavator with all affected underground facility operators to further clarify the precise geographic location of excavation, schedule locating, propose future contacts, and share other information concerning the excavation and facilities.

Subp. 8.

Office.

"Office" means the Office of Pipeline Safety of the Minnesota Department of Public Safety.

Subp. 9.

Out-of-service facility.

"Out-of-service facility" means an underground facility that is no longer maintained and is not intended for future use, but has not been deemed abandoned. An out-of-service facility may still be connected to a portion of the operating facility that is in use or still carries service.

Subp. 10.

Public right-of-way.

"Public right-of-way" means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and sidewalk in which a government unit has an interest, including other rights-of-way dedicated for travel purposes and utility easements of government units.

Subp. 11.

Remuneration.

"Remuneration" means direct or indirect compensation or consideration paid to the person or the person's agent, employer, employee, subcontractor, or contractor. A person who excavates as part of the person's duties as an employee, employer, agent, subcontractor, or contractor is considered to be acting for remuneration.

Subp. 12.

Service lateral.

"Service lateral" means an underground facility that is used to transmit, distribute, or furnish gas, electricity, communications, or water from a common source to an end-use customer. A service lateral is also an underground facility that is used in the removal of wastewater from a customer's premises.

Statutory Authority:

MS s 14.06; 216D.08; 299F.56; 299F.60; 299F.641; 299J.04

History:

16 SR 135; 24 SR 448; 29 SR 1503

Published Electronically:

July 20, 2005