WAIVER OR VARIANCE FROM RULE REQUIREMENTS

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 one or more of the requirements of this rule may petition the commission for a waiver or variance. The petition shall be in writing and shall include:#

(1)a list of those requirements which the excavator, project owner, project engineer, one-call notification system, or UFO wishes to have waived or varied;#

(2)an explanation and description of the specific conditions which prevent the requirement from being met; and,#

(3)a statement of steps already taken and to be taken, with projected time limits for each step, in attempting to meet the requirements.#

C.The commission may order a hearing on the merits of the petition.#

D.An excavator, project owner, project engineer, one-call notification system, or UFO shall be required to comply with requirements it has petitioned to have waived or varied until the commission has issued an order on the merits of the petition, unless the commission or its designee grants an interim waiver of or variance from one of more of the requirements that are the subject of the petition.#

HISTORY OF 18.60.5 NMAC:#

Pre-NMAC History: The material in this rule was derived from that previously filed with the State Records Center.#

SCC 69-29, Order No. 2966, Cause No.516, filed 9/24/1969.#

SCC 71-2, Amended Order No. 2966, Cause No.516, filed 3/18/1971.#

SCC 72-1, Amended Order No. 3096, Cause No.516, filed 1/2/1972.#

SCC 77-2, Order No. 3096-C, Docket No.750, filed 3/4/1977.#

SCC 79-4, Regulations Relating to Minimum Safety Standards for the Transportation of Natural and other Gas by Pipeline, filed 6/27/1979.#

SCC 84-9-PL, Regulation for the Transportation of Natural and other Gas by Pipeline - Minimum Standards, filed 11/26/1984.#

History of Repealed Material: 18 NMAC 60.1, General Provisions; 18 NMAC 60.2, Reports Required for New Master Meters and Third Party Damage; 18 NMAC 60.3, Requirement of Filing of Procedural Manual; 18 NMAC 60.4, Classification and Repair of Leaks; 18 NMAC 60.5, Pipeline Safety Program Procedures; 18 NMAC 60.6, Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards: Annual and Incident Reports; 18 NMAC 60.7, Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards; 18 NMAC 60.8, Transportation of Hazardous Liquids by Pipeline; 18 NMAC 60.9, Pipeline Safety Regulations: Drugs & Alcohol Testing; 18 NMAC 60.10, Procedures for Transportation Workplace Drug & Alcohol Testing Programs (all filed 5/1/1996) repealed 7/1/2003.#

18.60.5 NMAC, Pipeline Safety Excavation Damage Prevention, filed 6/27/2006 - Repealed effective 8/15/2012.#

18.60.5 NMAC, Pipeline Safety Excavation Damage Prevention, filed 8/15/2012- Repealed effective 12/30/2014.#

18.60.5 NMAC, Pipeline Safety Excavation Damage Prevention, filed 12/15/2014- Repealed effective 1/15/2019.#

Other History:#

SCC 84-9-PL, Regulation for the Transportation of Natural and other Gas by Pipeline - Minimum Standards, filed 11/26/1984, was renumbered into first version of the New Mexico Administrative Code as 18 NMAC 60.1 through 18 NMAC 60.10, effective 6/5/1996.#

18 NMAC 60.1 through 18 NMAC 60.10 (all filed 5/1/1996), were replaced by 18.60.2 NMAC, Pipeline Safety, effective 7/1/2003.#

Those applicable portions of 18.60.2 NMAC, Pipeline Safety (filed 6/16/2003) replaced by 18.60.5 NMAC, Pipeline Safety Excavation Damage Prevention, effective 7/17/2006.#

18.60.5 NMAC, Pipeline Safety Excavation Damage Prevention, filed 12/15/2014 was replaced by 18.60.5 NMAC, Pipeline Safety Excavation Damage Prevention effective 1/15/2019.#

History[18.60.5.22 NMAC - Rp, 18.60.5.22 NMAC, 1/15/2019; A, 8/9/2022]#