(a) The saltwater pipeline operator shall use the right of way beneath or above the established gradeline of a highway in conformance with §21.36 and §21.40 of this chapter (relating to Rights of Utilities and Underground Utilities, respectively) and shall provide sufficient vertical and horizontal clearances for the construction, operation, maintenance, ventilation, and safety of highway facilities.
(b) The saltwater pipeline operator may not install a saltwater pipeline facility in a location that will interfere with the visibility or reduce sight distance or in any other way interfere with the safety and free flow of traffic or level of service on highway facilities.
(c) Any structural support for a saltwater pipeline facility to be constructed on the right of way shall be located to clear all horizontal and vertical dimensions specified by design standards of the department.
(d) The saltwater pipeline operator may not use right of way in any way that results in any person, whether or not a highway user, being unduly exposed to hazardous materials or conditions.
(e) The saltwater pipeline operator shall provide appropriate safety precautions and features necessary to minimize the possibility of injury to users of either highway facilities or the right of way. The department will not approve construction of saltwater pipeline facilities over or under highway facilities, unless the plans contain adequate provisions, acceptable to the department, for evacuation of the facilities in case of an accident that endangers those occupants.
(f) A saltwater pipeline facility must be fire resistant and conform with existing applicable local codes, a nationally accepted model construction standard, or other standards required by the department.
(g) The design, occupancy, and use of any saltwater pipeline facility may not result in the use, safety, appearance, and the enjoyment of the highway facilities being adversely affected by fumes, vapors, odors, drippings, droppings, or discharges of any kind from the saltwater pipeline facility.

Source Note: The provisions of this §21.970 adopted to be effective October 12, 2014, 39 TexReg 7946