(a) Regular maintenance.
  (1) Maintenance of the utility facility is the responsibility of the utility owner.
  (2) Maintenance must be performed to keep the facility in an as-constructed condition, and in a good state of repair in accordance with the requirements of applicable federal, state, and local laws, regulatory standards, and utility codes.
  (3) The utility shall replace and stabilize all earth cover and vegetation when it has eroded over an underground utility facility where such erosion is due to, or caused by, the placement or existence of the underground utility facility.
  (4) The utility shall be responsible for correcting any settlement of backfill, fills, and embankments that may occur.
(b) Emergency maintenance.
  (1) Emergency maintenance of utilities located on state railroad right of way is permissible if an emergency exists that endangers the life, safety, or welfare of the public and requires immediate repair. The utility shall take all necessary and reasonable safety measures to protect the public and the railroad.
  (2) The utility will advise the department of the need for emergency maintenance as soon as possible and will restore the right of way and facilities to their original condition.

Source Note: The provisions of this §21.907 adopted to be effective April 20, 2006, 31 TexReg 3273