# Chapter 421, § 3: Underground Facilities Damage Prevention Program

**Citation:** 65-407 C.M.R. ch. 421, § 3  
**Type / status:** regulation / current  
**Agency:** Maine Public Utilities Commission  
**Effective:** 2012-06-14  
**Published:** 2012-06-14

A. LPG Operator Participation

## Document text

A.	LPG Operator Participation

1.	Each LPG operator in Maine shall:

a.	Comply with Maine PUC Chapter 895, Underground Facility Damage Prevention Requirements; and

b.	Maintain membership in a notification center that utilizes and promotes the “811” one-call notification system.

2.	Report to the Commission in accordance with Chapter 895 any damage to its underground facilities or a damage prevention incident utilizing MPUC Underground Facility Incident Report form, such incidents including when an excavator fails to contact the LPG Operator or the one-call notification system.

B.	Pipeline Facility Locator Training and Qualification

1.	Each LPG operator shall maintain documentation that each person utilized to locate the operator’s pipeline facilities, whether the person is an employee of the operator or is an employee of a contractor retained by the operator, is properly trained and qualified. Such documentation shall indicate the latest date the person completed or demonstrated:

a.	The necessary knowledge and skills needed to use industry best practices developed or other recognized industry authority for locating and marking pipelines;

b.	Knowledge of state and local underground damage prevention regulations.

c.	Qualification in accordance with 49 CFR Part 192, Subpart N.

C.	System Maps

	Each LPG operator shall have on file at its local office a map, diagrams, or drawing showing:

1.	The LPG distribution system, including but not limited to, the size, character, and location of supply container(s), regulators, mains including valves, and service lines; and

2.	The size and location of each service line provided that, in lieu of showing service locations on maps, a card record or other suitable means may be used.

3.	LPG operators shall provide global position satellite (GPS) coordinate identifiers for the location of all facilities on its system maps, diagrams, and/or drawings.

D.	Location of Underground Facilities Where Trenchless Technology Is Used

	LPG operators shall physically locate existing underground facilities that are located within 3 feet of where the LPG Operator is using trenchless technology to place gas lines during any new construction, repair, or replacement project. “Physical locate” as used in this section means exposing the existing underground facilities by hand-digging and/or vacuum excavation in addition to locating and marking along the ground.

## Provenance

- Official: Yes
- Source: <https://www.maine.gov/sos/sites/maine.gov.sos/files/content/assets/407c421.doc>
- Source ID: `me-puc-pipeline-safety`
- SHA-256: `61626934cac39159f2312e7396e1e93755f1a633a7c1cc68e72e51635a64faa0`
- Retrieved: 2026-08-20T10:06:50.037Z
- Exported: 2026-08-22T04:33:11.792Z
- Document slug: `me-cmr-65-407-421-3`

### Source metadata

```json
{
  "jurisdiction": "US-ME",
  "code": "65-407 C.M.R.",
  "chapter": "421",
  "section": "3",
  "corpusScope": "complete-current-chapters-420-and-421",
  "publicationObservedOn": "2026-08-20",
  "exactScope": "This bounded corpus contains the complete current operative text of all 10 top-level sections of 65-407 C.M.R. Chapter 420 and all 7 top-level sections of Chapter 421. Chapter 420 governs intrastate natural-gas and LNG pipeline operators; Chapter 421 separately governs jurisdictional LPG distribution systems within 49 C.F.R. Part 192.",
  "excludedScope": "Chapter 895 damage prevention, Chapters 130 and 140 reporting and mapping, gas accounting, rates, metering, customer protection, siting, environmental permits, statutes, dockets, orders, forms, federal text, interstate pipelines, hazardous-liquid pipelines, and private standards are not standalone searchable documents in this rules connector. Their exclusion does not imply legal irrelevance.",
  "applicabilityCaveat": "Maine's certified program covers intrastate gas pipeline operators, including covered natural-gas, LNG, and jurisdictional LPG facilities. Chapter 420 expressly excludes interstate natural-gas facilities and transportation. PHMSA retains gas interstate and gas/hazardous-liquid responsibilities not assumed by Maine; neither the MPUC program page nor PHMSA fact sheet establishes Maine hazardous-liquid certification.",
  "incorporationCaveat": "Chapter 420 dynamically incorporates amendments to 49 C.F.R. Parts 40, 190, 191, 192, 193, 198, and 199. Chapter 421 dynamically incorporates Parts 191 and 192 but fixes its NFPA 58 baseline to the 2004 edition with stated exceptions. This connector records those links without reproducing federal or private standards or deciding the legal effect of prospective incorporation.",
  "publicationCaveat": "The Maine Secretary of State warns that online rule copies are not certified copies for adjudicatory or evidentiary use. Chapter 420's controlling online copy is filing 2026-135, effective June 30, 2026; older MPUC gas pages that still identify the 2021 version are stale. Chapter 421's history says filing 2012-156 was filed May 15, 2010, an apparent source typo preserved rather than silently corrected. The PHMSA state page is corroborative program-scope evidence, not controlling Maine rule text.",
  "rightsCaveat": "Maine and federal government source artifacts are archived with attribution and SHA-256 provenance. Public availability does not settle rights in site presentation, seals, agency marks, forms, incorporated federal material, or private standards such as NFPA 58; downstream redistribution requires separate review.",
  "federalIncorporation": "dynamic-with-fixed-NFPA-58-2004-baseline",
  "references": [
    {
      "citation": "49 CFR Part 192",
      "referenceType": "federal_regulation",
      "url": "https://www.ecfr.gov/current/title-49/subtitle-B/chapter-I/subchapter-D/part-192"
    },
    {
      "citation": "65-407 C.M.R. ch. 895",
      "referenceType": "state_regulation",
      "url": "https://www.maine.gov/sos/sites/maine.gov.sos/files/content/assets/407c895.docx"
    }
  ],
  "region": "ME"
}
```
