It’s not just about digging anymore – it’s a public safety issue
Source: Mississippi 811 Magazine
You probably don’t remember exactly where you were on March 5, 2008 either. After all, it was a day like most days, filled with the hopes and dreams of things that could be. No one could have anticipated the horrifying and deadly event that took place in one of Plum Borough, Pennsylvania’s quieter neighborhoods.
Without warning, the explosion that ripped through the house killed a man and seriously injured his four-year old granddaughter. The neighborhood would never be the same as three homes were destroyed and 11 more damaged.
Accident investigations following the incident determined the probable cause of the accident was “excavation damage to a two-inch natural gas, distribution pipeline; the pipe’s protective coating had been stripped which made the pipe susceptible to corrosion and failure.”
Further research showed that “five years earlier, a sewer line to the house was replaced. The sewer line crossed the gas pipeline near the location where the pipeline later failed.” The sewer project was completed. No one would have thought that the scarred gas pipeline left behind was really a ticking time bomb that would be heard from again long after the grass healed the construction site.
Naturally, the victims in this incident did not have a clue of the impending destruction. Had there been a stakeholder meeting in their city, no one there would have missed them because no one expected them to show up. Clearly, those who are responsible for protecting their families, homes and neighborhoods must be better informed about the dangers associated with underground construction and they need to know what can be done to insure the maximum protection of their families.
These kinds of incidents across the country have led the U.S. Congress to pass more stringent regulation defining an effective and measurable damage prevention program. The responsibilities of the stakeholders associated with it go far beyond compliance to include not only informing the general public, but also involving the public as a stakeholder. And the truth is that nobody has more at stake with less information than the average citizen of our state.
That’s why Bill Rutledge, Mayor of Pontotoc has been led to say, “Effective damage prevention happens when we begin to educate the public about the importance of these issues. If they really understand what’s at stake, they’ll demand we get serious about protecting their families and their services from unnecessary damages.”
Mississippi’s Response.
Federal legislation such as the PIPES Act and its nine elements of a stronger and more effective damage prevention program brought stakeholders together in Mississippi. This diverse group of stakeholders formed the Mississippi Damage Prevention Committee (MDPC) and hit the ground running. They agreed to work together, to go beyond their past differences and keep their state in tune with the federal initiatives.
Lieutenant Governor Phil Bryant supports working together to make Mississippi a safer place to live and work. “Legislators have homes, families and we work around our farms just like everyone else. We’ve all got responsibilities and it is critical that we call Mississippi 811 before we dig. I believe that it is important that we apply all of the resources that we can to protect life and property in our state.”
District 38 Representative, Tyrone Ellis summarized the significance of the MDPC efforts recently at a gathering of damage prevention professionals. “Stronger damage prevention laws are not just about digging anymore,” he said. “It’s a public safety issue. Our counties and municipalities need to be aware of the importance of protecting Mississippi’s critical infrastructure and our commitment to it.”
It’s the law.
Two champions making Mississippi a safer place to live and work are Representative Tyrone Ellis, Chairman, House Public Utilities Committee and Senator Nolan Mettetal, Chairman, Senate Public Utilities Committee. Their unique perspectives and understanding of the vital issues led them to author and introduce a bill in the 2008 legislative session. The proposal would require all owners/operators of underground facilities to be a member of Mississippi 811. Associations that had opposed such initiatives in the past supported the MDPC proposal in the best interest of all citizens. The Committee continued to share the message of a measurable damage prevention and public safety program in meeting after meeting.
Public Service Commissioner, Leonard Bentz, Southern District, an advocate for developing the damage prevention program at the state level encouraged the group by saying, “We really have some great minds in our legislature who understand the needs of our people. I am convinced they will work diligently to pass legislation that both benefits and protects our citizens.”
The bill passed in the House by a vote of 116 – 2 and was adopted by the Senate unanimously. There were no celebrations. It did seem obvious, however, that the legislation was not only needed, but was also wanted by an overwhelming majority of legislators and by the forward thinking professionals charged with protecting the health and safety of our citizens while minimizing disruptions to our underground infrastructure. Senator Mettetal said, “I am extremely proud of Mississippi 811 and its board. They’ve worked hard to protect the underground facilities in our state. We are all very proud of our underground infrastructure, but the main thing is that we must protect the public. And we as legislators want to work with this group to help them keep all of us safe. I am grateful to them for their efforts.”
The MDPC was energized to identify and develop the next logical steps to make Mississippi a safer place to live and work.
Bill Rutledge, Mayor of Pontotoc sits on the Mississippi Municipal League Board of Directors, the Mississippi Rural Water Board and is a member of the MDPC. When asked about utilities that might resist joining the One-Call system following the passage of the bill he replied, “Now that the law is passed, the discussion should be over. As far as I’m concerned, there is no need to have a discussion about the merits of membership. No matter what the reasons may be for or against it, the issue has been settled in the legislature. What’s left is for all owners/operators is either to comply or be in violation of Mississippi law.”
Mayor Rutledge added that he has been fortunate to be associated with really good people. “I’ve made lots of friends in the MML and have the greatest respect for them. The Mayors and other elected officials want to do what is right for those they represent. They are not going to sit in their offices and not do what is necessary to protect their citizens or municipality.”
Kirby Mayfield, CEO of Mississippi Rural Water and the newest board member of Mississippi 811 is in agreement with Mayor Rutledge. “The requirement for all owners/operators of underground facilities to be a member of Mississippi 811 was the right thing to do.”
The next step.
The nine elements of a stronger and more effective damage prevention program identify other issues that will take shape legislatively. Issues such as positive response, dispute resolution and effective enforcement are issues that will cause the various associations and groups across the state to choose sides. However challenging the issues may be for the MDPC, in the end these initiatives will be supported and adopted by the coalition built to protect Mississippi’s greatest asset, because it will be the right thing to do.
Sam Johnson, Executive Director of Mississippi 811 and a member of the MDPC reinforced the committee’s commitment when he said, “It is critical that we get all the players together. This effort is not a one-sided issue. In order to gain the respect of our peers, we must be willing to listen and confidently affirm our commitment to doing the right thing for all stakeholders in the state.”
Whatever may be the difficulties in gaining consensus for legislation, the committee is in complete agreement that the single most important task they face going forward is the education of the stakeholders and the inclusion of the general public as a stakeholder.
Reaching all stakeholders with a consistent message is anyone’s Goliath. Commissioner Bentz cautioned the committee, “It’s important to have a well thought out plan that can be measured as it’s implemented.”
The MDPC agreed to work to develop a consistent message. The message will be delivered through its website. It will be delivered through the Mississippi 811 ACTS magazine and through meetings, from civic club presentations to the more traditional Damage Prevention Coordinating Council meetings.
The MDPC has placed a premium on building relationships. There are ongoing efforts to reach out to other stakeholders who are not yet involved. Representative Ellis reminded the committee of their responsibility when he said, “Our citizens must be involved in this effort, and the way you get them involved is to spread the word.”
Roger Cox, ACTS Now, Inc. suggested to the committee, “It may be that the most effective approach is to tell people why they are a stakeholder, not that they are a stakeholder. Taking the message of ‘you need to be involved in the damage prevention process’ to the general public will create questions.” He went on to say, “We must be able to answer the questions of ‘why’ and ‘what can I do’ with conviction.”
=Can this really happen in Mississippi?
Mark McCarver, Director of Pipeline Safety for the Public Service Commission is quick to point out that the pipeline industry has worked hard to ensure the safety of its employees, the excavating community and the affected public within the influence of their pipelines.
Having said that, McCarver added, “We certainly have had incidents in our state over the past few years and as recently as last year. These incidents have caused the destruction of property and tragically, in some instances, the loss of life.
“The causes for this destruction range from inadequate training to corroded pipe. Pipe corrosion can be caused by a number of reasons. But one of the causes is certainly the scarring of gas pipe caused by excavation. Gas pipe is compromised anytime the protective coating is removed. This can be caused by excavating equipment, but could also be caused by a shovel.” Anytime contact is made with gas pipe, the safest thing to do is to contact your local gas company. The gas company will appreciate the opportunity to insure that their system remains protected.
McCarver cautioned everyone, “At some point that unprotected piece of pipe will fail. Its failure often results in catastrophe and tragedy. We must be more effective in reaching and defining the stakeholders in our efforts to keep Mississippi a safer place to live and work. The MDPC has committed itself to this goal and I’m pleased to be part of the team.”
What can I do?
Mayfield said it best. “We need to educate one another. Our water operators know our business better than anybody. The gas industry understands their business better than we do. What we must do is work together to protect all underground utilities because we all work for the same people. Our customers depend on us for safe drinking water. They also have a right to expect that we and all utilities are working together to protect them from unintended disruption of service or catastrophic consequences of unsafe excavation practices.”
You might say, “I’m not an excavator and I don’t work for a utility, what am I able do?” Great question! Because what you think is important, becomes important to everybody around you.
Make sure that before any work is performed for you that a call has been made to Mississippi 811 for your protection. Even if you are going to remove that old stump yourself, dial 811 and make sure you aren’t going to pull up a utility line with the roots.
Ask your city or water system to support damage prevention by becoming a member of Mississippi 811. It’s not only the law, but more importantly, it is the right thing to do.
Ask your legislator to support the MDPC proposals designed to keep you and your family safe.
Recognize yourself as a stakeholder in developing a stronger and more effective damage prevention program in Mississippi. In so doing, you’ll learn more about how to protect your home and family from the dangers of the unseen network of highways.
After all, you still tell them to look both ways before crossing the street, don’t you? Of course you do – because even the safest highways can be dangerous.
