66-1802. Definitions.
66-1802
66-1802. Definitions.As used in this act:
(a) "Damage" means any impact or contact with an underground facility,its appurtenances or its protective coating, or any weakening of thesupport for the facility or protective housing which requires repair.
(b) "Emergency" means any condition constituting a clear and presentdanger to life, health or property, or a customer service outage.
(c) "Excavation" means any operation in which earth, rock or othermaterial below the surface is moved or otherwise displaced by anymeans, except tilling the soil for normal agricultural purposes, orrailroad or road and ditch maintenance that does not change the existingrailroad grade, road grade and/or ditch flowline, or operations related toexploration and production of crude oil or natural gas, or both.
(d) "Excavator" means any person who engages directly in excavationactivities within the state of Kansas, but shall not include any occupant of adwelling who: (1) Uses such dwelling as aprimary residence; and (2) excavates on the premises of such dwelling.
(e) "Facility" means any sanitary sewer or underground line, system orstructure used fortransporting, gathering, storing, conveying, transmitting ordistributing potable water, gas,electricity, communication, crude oil, refined or processed petroleum,petroleum products or hazardous liquids; facility shall not include, anystormwater sewers or production petroleum lead lines, salt waterdisposal linesor injection lines, which arenot located on platted land or inside thecorporatelimits of any city.
(f) "Locatable facility" means facilities for which the tolerance zone canbe determined by the operator using generally accepted practices such asas-built construction drawings, system maps, probes, locator devices or anyother type of proven technology for locating.
(g) "Marking" means the use of stakes, paint, flagsor other clearly identifiable materials to show the field location ofunderground facilities, in accordance with the rules and regulationspromulgatedby the state corporation commission in the administration and enforcement ofthis act.
(h) "Municipality" means any city, county, municipalcorporation, publicdistrict or public authority located in whole or in part within this statewhich provides firefighting, law enforcement,ambulance, emergency medical or other emergency services.
(i) "Notification center" means the statewide communicationsystem operated by an organization which has as one of its purposes to receiveand record notification of planned excavation in the state fromexcavators and to disseminate such notification of planned excavation tooperators who are members and participants.
(j) "Operator" means any person who owns or operates anunderground tier 1 or tier 2 facility, except for any person who is theowner of real propertywherein is located underground facilities for the purpose of furnishingservices or materials only to such person or occupants of such property.
(k) "Preengineered project" means a public project or aproject which is approved by a public agency wherein the public agencyresponsible for the project, as part of its engineering and contractprocedures, holds a meeting prior to the commencement of any construction workon such projectin which all persons, determined by the public agency to have undergroundfacilities located within the construction area of the project, are invitedto attend and given an opportunity to verify or inform the public agency ofthe location of their underground facilities, if any, within theconstruction area and where the location of all known and undergroundfacilities are duly located or noted on the engineering drawing asspecifications for the project.
(l) "Permitted project" means a project where a permit forthe work to be performed must be issued by a city, county, state or federalagency and, as a prerequisite to receiving such permit, the applicant mustlocate all underground facilities in the area of the work and in the vicinityof the excavation and notify each owner of such underground facilities.
(m) "Person" means any individual, partnership,corporation, association, franchise holder, state, city, county or anygovernmentalsubdivision or instrumentality of a state and its employees, agents orlegal representatives.
(n) "Production petroleum lead line" means an underground facility usedforproduction, gathering or processing on the lease or unit, or for delivery ofhydrocarbon gas and/or liquids to an associated tank battery, separator orsales facility. Production petroleum lead lines shall include underground linesassociated with lease fuel and saltwater disposal and injection.
(o) "Platted land" means a tract or parcel of land which has been subdividedinto lots of less than five acres for the purpose of building developments,including housing developments, and for which a surveyor's plat has been filedof record in the office of the register of deeds in the county where the landis located.
(p) "Tier 1 facility" means an underground facility used for transporting,gathering, storing, conveying, transmitting or distributing gas, electricity,communications, crude oil, refined or reprocessed petroleum, petroleum productsor hazardous liquids.
(q) "Tier 2 facility" means an underground facility used for transporting,gathering, storing, conveying, transmitting or distributing potable water orsanitary sewage.
(r) "Tier 3 facility" means a water or wastewater system utility whichserves more than 20,000 customers who elects to be a tier 3 member of thenotification center pursuant to this subsection. The operator of a tier 3facility shall:
(1) Develop and operate a locate service website capable of receiving locaterequests;
(2) publish and maintain a dedicated telephone number for locate services;
(3) maintain 24-hour response capability for emergency locates; and
(4) employ not less than two individuals whose primary job function shall bethe location of underground utilities. Operators of tier 3 facilities shallmake either such website or contact information available to the notificationcenter. The notification center shall collect and charge a fee of $500 a yearfor each tier 3 facility. No other fee, charge or cost shall be assessed to atier 3 facility by the notification center. Tier 3 members shall be subject toall provisions of section 5 throughsection 10 [*], and amendments thereto.
(s) "Tolerance zone" means the area notless than 24 inches of theoutside dimensions in all horizontal directions of an underground facility,except that a larger tolerance zone for a tier 1, 2 or 3 facility may beestablished byrules andregulations adopted underK.S.A. 2009 Supp. 66-1815, and amendments thereto.An operator of a water or wastewaterfacility may elect to use a tolerance zone for such water or wastewaterfacilityin which tolerance zone means thearea not less than 60 inches of the outside dimensions in all horizontaldirections of an underground water or wastewater facility upon notification ofthe excavator, except that a larger tolerance zonemay beestablished by rules and regulations adopted under K.S.A. 2009 Supp. 66-1815,and amendments thereto.
(t) "Update" means an additional request from the excavatorto extend thetime period of the request for intent to excavate beyond the 15 calendarday duration of the request.
(u) "Whitelining" means the act of marking by the excavatorthe route orboundary of the proposed excavation site with white paint, white stakes orwhite flags.
(v) "Working day" means every day Mondaythrough Friday beginning at 12:01 a.m., except for the followingofficiallyrecognized holidays: New Year's day, Memorial day, Independence day, Labor day,Thanksgiving day, the day after Thanksgiving and Christmas.
History: L. 1993, ch. 217, § 2;L. 1994, ch. 207, § 1;L. 1998, ch. 78, § 1;L. 2002, ch. 41, § 1;L. 2008, ch. 122, § 5; July 1, 2009.