New Mexico Administrative Code

NMSA 1978, Sections 8-8-4.

Permanent.

October 15, 2004, unless a later date is cited at the end of a section.

The purpose of this rule is to implement NMSA 1978 Sections 70-3-21 and 70-3-22.

In addition to the definitions in NMSA 1978 Section 70-3-12, as used in this rule: A. carbon dioxide has the meaning given in 49 CFR Section 195.2; B. fiscal year means the period starting July 1 and ending June 30; C. gas has the meaning given in 49 CFR Section 191.3 and 192.3; …

An operator of gas pipelines shall file with the pipeline safety bureau of the commission on or before March 15 of each year: A. a copy of USDOT report form RSPA F 7100.2-1, annual report for calendar year 20xx gas transmission or gathering systems for the previous calendar year,…

For purposes of NMSA 1978 Section 70-3-21, the pipeline safety bureau will estimate the number of domestic and commercial services by applying the ratios derived from the information reported pursuant to Subsections D, E, and F of 18.60.3.8 NMAC to the number of services a gas pi…

New Mexico Public Regulation Commission.

A. Except as otherwise provided in Section 70-3-19 NMSA 1978, the director shall begin an enforcement proceeding by serving a notice of probable violation on the respondent. B. The director may serve a notice of probable violation of applicable laws through staff on the responden…

In settlement conferences, dispositional hearings, commission hearings conducted pursuant to this rule, and arbitrations and mediations conducted pursuant to 18.60.5 NMAC, respondents shall be represented as provided in this section. A. An individual or sole proprietorship shall …

The director may conduct a settlement conference with the respondent at the date, time and in the manner set forth in the notice of probable violation, or at such other time agreed to by the director and the respondent. At the settlement conference, the director shall explore wit…

A. Notice. Not less than twenty (20) days prior to the date of the dispositional hearing, the director shall serve on the respondent notice of the dispositional hearing and copies of the notice of probable violation, staff's inspection reports, and any third party complaints or d…

A. Request for hearing. (1) By the director. At any time after the notice of probable violation has been served on the respondent, the director may request a hearing before the commission. (2) By the respondent. A respondent may appeal a determination made by the director pursuan…

A. At any time before the issuance of a final order, the director and the respondent may agree to resolve a case by stipulation. The stipulation may include assessment or waiver of a civil or administrative penalty or other sanctions. B. A stipulation shall include: (1) an admiss…

After a hearing, and the consideration of any exceptions pursuant to the PRC rules of procedure, the commission shall issue a final order that includes: A. findings of fact and conclusions of law; B. the amount of the penalty and the procedure for its payment, if a civil or admin…

A. A respondent shall pay an administrative or civil penalty agreed to in a voluntary settlement agreement or assessed in a director's disposition or commission final order by certified check or money order made payable to the New Mexico Public Regulation Commission and shall sub…

If an employee of the transportation division of the New Mexico public regulation commission becomes aware of any actual or possible activity subject to criminal penalties under Section 70-3-19 NMSA 1978, the employee shall report such actual or possible activity to the office of…

This rule applies to all owners and operators of gas and hazardous liquid pipelines and underground facilities, excavators, and one-call notification systems in New Mexico subject to the jurisdiction of the commission pursuant to applicable laws.

Sections 8-8-4, 62-14-9.1, 62-14-10, and 70-3-13 NMSA 1978.

Permanent.

July 17, 2006, unless a later date is cited at the end of a section.

The purpose of this rule is to prescribe procedures to administer and enforce Chapter 62, Article 14 NMSA 1978, and the Pipeline Safety Act, Sections 70-3-11 to 70-3-20 NMSA 1978.

In addition to the definitions in 18.60.2.7 and 18.60.5.7 NMAC, as used in this rule, respondent means an owner or operator of gas and hazardous liquid pipelines or underground facilities, an excavator, or a one-call notification system.

A. Pipelines. (1) Staff is authorized to enter upon, inspect, and examine, at reasonable times and in a reasonable manner, those records and pipeline facilities of an owner or operator relevant to determining whether the owner or operator is in compliance with applicable laws. (2…

Whenever this rule requires notice or other process to be served on a respondent, the notice or other process shall be served at the last known address of the respondent.

New Mexico Public Regulation Commission.

An excavator shall make an excavation locate request for all projects involving excavation, including road maintenance, with the exception of subsurface potholing or vacuum excavation activities conducted solely for the purpose of physically exposing or locating underground facil…

An excavator who expects a project to take more than 15 working days to complete shall either request separate locates which meet the requirements of Subsection B of 18.60.5.10 NMAC or follow the conference procedure set forth in this section. A. If an excavator expects that an e…

A project owner or project engineer shall request information regarding the location of underground facilities for design projects or bids in accordance with either Subsection A or B of this section, but may not switch methods once having made an election unless the existing util…

A. Excavators: As provided under Subsection B of 18.60.5.10 NMAC, excavators shall mark all proposed excavation sites in accordance with American public works association (APWA) standards to improve communication between the excavator and UFO. In assessing administrative penaltie…

In response to an excavation locate request for road maintenance, a UFO shall physically mark or locate by marker its underground facilities that are parallel or cross the road, as provided in Subsection A. A. Underground facilities that parallel or cross the road. (1) Physical l…

A. Pre-excavation: Before excavating, an excavator shall determine whether all underground facilities have been marked. (1) If all underground facilities have been marked or cleared through a positive response system and the advance notice marking period has expired, the excavato…

This section applies whenever failure of or damage to underground facilities or public infrastructure requires emergency excavation as defined in Subsection E of Section 62-14-2 NMSA 1978 and excavation shall be promptly commenced, ideally within 24 hours. A. Excavators: An excav…

A person shall be deemed to have willfully failed to comply with this rule or Chapter 62, Article 14 NMSA 1978 and shall be subject to the penalties in Section 62-14-8 NMSA 1978 if the person: A. requests a locate for an area that cannot reasonably be excavated in 15 working days…

A. A UFO shall report to the director or pipeline safety bureau any incident in which the owner or operator's underground facility is damaged by excavation activities. Such report, where practicable, shall be submitted using the commission's website at: http://nmprc.state.nm.us/t…

A. The commission encourages owners and operators of underground facilities, project owners, project engineers, and excavators to privately negotiate and settle disputes arising from excavation damage to underground facilities and construction or design expenses related to improp…

This rule applies to all one-call notification systems, excavators, and owners and operators of pipelines and other underground facilities in New Mexico with the exemption of those preempted by federal law.

A. Designation of mediator. If any of the parties request mediation, the commission shall designate a mediator. The mediator may be a permanent or temporary employee of the commission or another state agency or any other individual acceptable to the parties. If the parties reques…

A. Request for arbitration. Any party to a dispute arising from excavation damage to underground facilities may request binding arbitration of the dispute. The request shall be in writing to the commission and shall include a concise statement of the grounds for the dispute, the …

A. The commission may, in its discretion, waive or vary any requirement of this rule whenever the commission finds that such waiver or variance would be in the public interest. B. An excavator, project owner, project engineer, one-call notification system, or UFO that cannot meet…

Sections 8-8-4, 62-14-7.1, 62-14-10, 70-3-4, and 70-3-13 NMSA 1978.

Permanent.

January 15, 2019, unless a later date is cited at the end of a section.

The purpose of this rule is to implement Chapter 62, Article 14 NMSA 1978 by providing procedures for preventing damage to underground utilities and for dealing with damage when it occurs during excavation activities.

In addition to the definitions in Section 62-14-2 NMSA 1978, 18.60.2.7 NMAC and 18.60.4.7 NMAC, as used in this rule: A. Definitions beginning with "A": access information means a telephone number, a facsimile number, an email address, and, if available, a web site address; B. De…

A one-call notification system shall: A. provide toll-free access; B. provide to the commission quarterly the name, contact person, and access information for each member of the one-call notification system; C. notify the commission of the service area in which the one-call notif…

A. A UFO shall report any changes to the information required by Subsection B of 18.60.5.8 NMAC to the one-call notification system(s) at least seven days prior to the effective date. B. A UFO shall retain records of locate requests, excavation notices and underground facility da…