27 CAR § 91-605. Abandonment of facilities

(a)(1) If a utility owner abandons any portion of its facilities located on highway right-of-way, it must notify the Arkansas Department of Transportation of that status in writing and indicate whether the facility will be removed or abandoned in place. (2) The notification must include a statement certifying that the abandoned facility does not contain, or is not composed of, hazardous or contaminated materials. (b) The utility owner shall indicate, on the plans, the location, size, and disposition for all utility facilities being abandoned. (c)(1) If a utility owner discontinues use of an above-ground facility, the facility shall be entirely removed from the highway right-of-way within six (6) months after its use is discontinued, unless the department grants written approval for a time extension. (2) All removal costs shall be the responsibility of the utility owner. (d)(1) If a utility owner discontinues use of an underground facility but desires to leave it in place on the highway right-of-way, written approval to do so shall be obtained from the department and a record shall be retained in the utility owner's permanent files in order that such facility may be accurately located in the field. (2) The department may, at its sole discretion, require abandoned and out-of-service pipes and appurtenant facilities, e.g., manholes, pull boxes, etc., to be filled in or removed. (3) If so required, the utility owner shall fill in or remove the abandoned facilities within six (6) months after its use is discontinued, unless the department grants written approval of a time extension. (4) All necessary removal and related costs shall be the responsibility of the utility owner. (e)(1) If a utility owner discontinues use of a facility on a highway bridge or structure, the facility shall be removed within six (6) months, unless the department grants written approval of a time extension. (2) Any abandoned or out-of-service facilities that are removed from a bridge must be done so utilizing removal procedures approved by the department. (3) All removal costs shall be the responsibility of the utility owner. (f) If the owner fails to remove the abandoned utility facilities, the department may do so at the expense of the utility owner. (g) Abandonment shall not be construed as a change in ownership of the facility.