Tenn. Comp. R. & Regs. 1680-06-01-.07 - CONTROLS GOVERNING UTILITY INSTALLATIONS

(1) At all times while construction and maintenance of utility facilities is in progress, the utility shall provide signing and if required flagging for control of traffic. Signing shall conform to Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways. The utility shall substitute the word "Utility" on signs where the word "Road" appears.

(2) Areas disturbed by utility installations, relocations or removals shall be kept to a minimum. Utilities will not be permitted to install facilities by cutting the pavement or adjacent shoulders of State highways except in extreme hardship cases where soil conditions prohibit other feasible and economical methods of installing facilities under the highway. In no instance will the Department of Transportation permit cutting of the traveled way of freeway highways to facilitate installation of utility facilities after the highway is complete and placed in service. This applies to conventional highways which have been paved or resurfaced within the previous three years. The Regional Engineering Director must approve open cutting of the highway. Conditions under which the work is to be performed shall be incorporated as a special provision in the Use and Occupancy Agreement. (See Appendix #8 for minimum requirements for open cut trenching, replacement paving and backfilling).

(3) If the Department approves installation of Utility facilities by open cutting the highway as set out in paragraph (2) above, the utility will be required to accommodate the traveling Public at all times by keeping one lane of traveled way open and providing necessary flagging and/or construction signing to properly inform the traveling public of the impairment to normal traffic flow.

(4) The utility company shall replace or repair any portion of the right-of-way, embankment, pavement, shoulders, highway bridges and drainage structures, guardrail, private driveways, access roads or ramps or any other part of said highway which may be disturbed or damaged, Repair work will be in accordance with applicable provisions of the Department of Transportation's "Standard Specifications for Road and Bridge Construction", as same may be amended, and special provisions or instructions issued by the Department of Transportation and/or made a part of the Use and Occupancy Agreement.

In the event replacement or repairs made by the utility company are not satisfactory to the Department of Transportation. the Department of Transportation, at its discretion, will undertake the work and the utility company shall reimburse the Department of Transportation for the cost of such work. Except in cases of emergency the Department of Transportation shall notify the utility company of the nature and extent of such replacements or repairs to be accomplished prior to undertaking the work.

(5) No excavated material or equipment shall be placed on the pavement or shoulders of the highway without the express approval of the Department of Transportation's Regional Engineering Director Where conditions warrant such procedures. In no instance will the utility be permitted to leave equipment (trucks, cranes, backhoes, etc.) on the pavement or shoulder overnight. Materials (poles, cable, pipe) to be installed which are placed on the right-of-way in advance of construction shall be placed in such a manner as not to interfere with the safe operation of the highway.

(6) The trimming, cutting, spraying or removal of trees and shrubs or other vegetation located within the highway right-of-way shall either be permitted or denied in accordance with then current regulations established by the Maintenance Division of the Department of Transportation. In cases where rest areas or land acquired for scenic enhancement of the highway is involved, approval of the State Transportation Engineer is required.

(7) Boring, jacking or driving of encasement or carrier pipes under existing highways shall be accomplished without jetting, sluicing or wetboring unless express approval of the method to be utilized is obtained from the Department of Transportation's Regional Engineering Director in writing.

(8) All debris, refuse and waste of any kinds, which have accumulated upon the highway right-of way as a result of the installation of utility facilities, shall be removed immediately upon completion of construction operations.

(9) The utility owner or its agent shall schedule the installation of facilities in an orderly manner and shall not leave ditches, boring pits and other hazards to the traveling public open for extended periods of time. At such time as construction is commenced, it shall proceed without delay to completion subject to weather and conditions beyond the control of the utility owner,

(11) The oversize of the boring excavation shall be no greater than one inch in excess of the outside diameter of the encasement or carrier pipe being installed. Grout backfill shall be used for pipes in excess of 12 inches in diameter for overbreaks, unused holes, or abandoned pipes.

(12) All Use and Occupancy Agreements covering installation of utility facilities within highway rights-of-way shall be accompanied by a bond executed by the owner with good and sufficient surety, acceptable to the Department of Transportation guaranteeing the performance of the terms and conditions of the agreement. This will not be required for a single shot charge, except when blasting in the vicinity of a bridge or other structure. The amount of the bond will be determined by the Regional Utilities Engineer based on the extent the highway facilities are disturbed by the installation.

(a) The utility owner may select one of the following procedures of providing the required bond:

1. Post a cashier's or certified check in the amount established by the Regional Utilities Engineer, or

2. Post a Surety Bond (Form U-5) in the amount established by the Regional Utilities Engineer; however a Surety Bond for an amount less than two thousand, five hundred dollars ($2,500.00) will not be acceptable; or

3. Post a Running Surety Bond (Form U-4) in the amount established by the Regional Utilities Engineer to cover all approved Use and Occupancy Agreements for a specified area.

(b) All Surety Bonds shall be on forms supplied by the Department of Transportation and must be accompanied by a copy of the Power of Attorney properly executed by the company authorizing the agent signing the Surety Bond to bind the company as Surety on the bond. Surety Bond (Form U-5) and Running Surety Bond (Form U-4) forms are shown in Appendix -7 of these rules and regulations.

(c) Notwithstanding any other provision of this Paragraph, the surety bond or bonds required for the installation of certain fiber optic cable facilities on freeway rights-of-way, as provided in Rule 1680-6-1-.09, shall be submitted to the Right-of-Way Division, Utilities Section, of the Department of Transportation in such form and under such terms as may be specified by the Department in the Use and Occupancy Agreement.

(13) When blasting is necessary, the utility shall include an outline of its blasting procedure and a diagram of its blasting pattern with the applications and Use and Occupancy Agreement. This will not be required for a single shot charge, except when blasting in the vicinity of a bridge or other structure. The utility shall observe the Special Provisions for Blasting on Highway Rights-of-Way as detailed in Appendix -9 and in accordance with other applicable State laws.

(14) Where it is determined by the Department that utility facilities have not been installed according to approved plans or that they are likely to be associated with injury or accident to the highway user, as indicated by accident history or safety studies, the utility will be required to adjust, relocate or remove such facilities at its own expense.

Notes

Tenn. Comp. R. & Regs. 1680-06-01-.07

Original rule filed August 8, 1983; effective September 7, 1983. Amendment filed July 20, 1984; effective August 19, 1984. Amendment filed September 24, 2002; effective December 8, 2002.

Authority: T.C.A. § 4-3-2303(2).