56-265.19 - Duties of operator; regulations.
§ 56-265.19. Duties of operator; regulations.
A. If a proposed excavation or demolition is planned in such proximity to theunderground utility line that the utility line may be destroyed, damaged,dislocated, or disturbed, the operator shall mark the approximate horizontallocation of the underground utility line on the ground to within two feet ofeither side of the underground utility line by means of stakes, paint, flags,or a combination thereof. The operator shall mark the underground utilityline and report the marking status to the excavator-operator informationexchange system by no later than 7:00 a.m. on the third working day followingthe excavator's notice to the notification center, unless the operator isunable to do so due to extraordinary circumstances. If the operator is unableto mark the location within the time allowed under this section due toextraordinary circumstances, the operator shall notify directly the personwho proposes to excavate or demolish and shall, in addition, notify theperson of the date and time when the location will be marked. The deferral tomark for extraordinary circumstances shall be no longer than 96 hours from7:00 a.m. on the next working day following notice to the notificationcenter, unless a longer time is otherwise agreed upon by the operator andexcavator. The operator shall also inform the notification center of anydeferral.
B. If a proposed excavation or demolition is not planned in such proximity tothe operator's underground utility lines that the utility line may bedamaged, the operator shall so report to the notification center'sexcavator-operator information exchange system no later than 7:00 a.m. on thethird working day following the excavator's notice to the notification center.
C. An operator shall participate in all preplanning and preconstructionmeetings originated by state, county or municipal authorities relating toproposed construction projects which may affect the operator's existing orfuture utility lines and shall cooperate in implementing decisions reached insuch preplanning and preconstruction meetings.
D. Any contract locator acting on behalf of an operator and failing toperform the duties imposed by this chapter shall be subject to theliabilities in § 56-265.25 and the civil penalties in § 56-265.32.
E. Locators shall be trained in applicable locating industry standards andpractices no less stringent than the National Utility Locating ContractorsAssociation's locator training standards and practices. Each locator'straining shall be documented. Such documents shall be maintained by theoperator or contract locator.
F. The Commission shall be authorized to adopt regulations designating: (i)letters for each operator to be used in conjunction with marking ofunderground utility lines, and (ii) symbols for marking of undergroundutility lines, in compliance with subsection B of § 56-265.17:3. Such letterdesignation and marking symbols shall be in accordance with industrystandards.
G. For underground utility lines abandoned after July 1, 2002, operatorsshall make a reasonable attempt to keep records of these abandoned utilitylines, excluding service lines connected to a single-family dwelling unit.When an operator has knowledge that the operator's abandoned utility linesmay be present within the area of the proposed excavation, the operator shallprovide a response to the excavator-operator information exchange system.Such information regarding abandoned lines shall be for informationalpurposes only. An operator shall not be liable to any person, or subject tocivil penalties, as a result of the operator's providing incorrectinformation regarding abandoned lines or the subsequent use of suchinformation. The excavator-operator information exchange system may refer anyperson with concerns about the accuracy of information regarding abandonedlines to the appropriate operator.
H. An operator shall respond to an emergency notice as soon as possible butno later than three hours from the excavator's call to the notificationcenter.
(1979, c. 291; 1980, c. 696; 1994, c. 890; 1996, c. 79; 2002, c. 841; 2005,c. 395.)