§ 39-1.2-1 - Definitions.
SECTION 39-1.2-1
§ 39-1.2-1 Definitions. – As used in this chapter:
(1) "Administrator" means the administrator of the divisionof public utilities and carriers.
(2) "Approximate location of underground facilities" means astrip of land extending not more than one and one-half (1 1/2) feet on eitherside of the underground facilities.
(3) "Association" means the group of public utilities formedpursuant to § 39-1.2-4 for the purpose of receiving and giving notice ofexcavation activity within the state.
(4) "Damage" means and includes but is not limited to thesubstantial weakening of structural or lateral support of a utility line,penetration, or destruction of any utility line protective coating, housing, orother protective device or the severance, partial or complete of any utilityline.
(5) "Demolition" means the wrecking, razing, rending, moving,or removing of any structure.
(6) "Excavation" means an operation for the purpose ofmovement or removal of earth, rock, or other materials in or on the ground, orotherwise disturbing the subsurface of the earth, by the use of powered ormechanized equipment, including but not limited to digging, blasting, auguring,back filling, test boring, drilling, pile driving, grading, plowing in,hammering, pulling in, trenching, and tunneling; excluding the movement ofearth by tools manipulated only by human or animal power and the tilling ofsoil for agricultural purposes.
(7) "Governing authority" means the permit issuing authority.
(8) "Person" means an individual, partnership, corporation,association, or a public utility, including a person engaged as a contractor bya public agency and including a public agency.
(9) "Public agency" means the state or any politicalsubdivision thereof, including any governmental agency.
(10) "Public utility" means the owner or operator ofunderground facilities for furnishing electric, gas, telephone, or waterservice as defined in § 39-1-2(20); and also means and includes, for thepurposes of this chapter only, electric transmission companies and nonregulatedpower producers, as defined in § 39-1-2(13) and (19); any cable televisionservice; and any water company which voluntarily becomes a member of theassociation provided for under § 39-1.2-4.
(11) "Public utility facilities" means the underground plantand equipment owned and operated by a public utility for the purpose offurnishing electricity, gas, water, cable television or telephone service;including the underground plant and equipment owned and operated by any watercompany, not subject to regulation by the administrator of the division of thepublic utilities which voluntarily joins the association provided for under§ 39-1.2-4. Utility facilities shall include active, newly installed andinactive or abandoned, utility facilities.
(12) "Abandoned utility facilities" means any knownunderground or submerged utility line or facility that has been permanentlytaken out of service. For excavation purposes the abandoned underground utilityfacilities should always be considered to be active utility service.
(13) "Inactive utility facilities" means any underground orsubmerged utility facilities line or facility that has been temporarily takenout of service with the expectation of becoming usable in the future.