56-265.19:1 - (Effective January 1, 2011) Private sewer laterals and sewer system laterals
§ 56-265.19:1. (Effective January 1, 2011) Private sewer laterals and sewersystem laterals.
A. Notwithstanding any provision of this chapter to the contrary, theprotection of sewer system laterals and private sewer laterals shall beimplemented as provided in this section. When an excavation is to take placewithin a public right-of-way or public sewer easement, the sewer systemoperator shall exercise reasonable care to mark the approximate horizontallocation of sewer system laterals within the public right-of-way or publicsewer easement as provided in § 56-265.19.
B. When (i) an excavation is to take place outside the public right-of-way orpublic sewer easement, (ii) the excavation involves the installation ormaintenance of gas or electric utility lines by trenchless technology, (iii)the potential for a conflict with a sewer lateral exists, and (iv) sewersystem laterals are located in the public right-of-way:
1. The sewer system operator shall exercise reasonable care to mark theapproximate horizontal location of sewer system laterals by:
a. Marking the location of the sewer system lateral where it meets the edgeof the right-of-way or public sewer easement, if known; or
b. If the location described in subdivision B 1 a is unknown, marking thelocation where the sewer system lateral connects to the sewer system main.
2. When the sewer system laterals have been marked in accordance withsubdivision B 1 and the excavator reasonably concludes that a private sewerlateral may be impacted by the planned excavation based upon visual evidence,knowledge of the proposed excavation site, or other information available tothe excavator, the excavator shall exercise reasonable care to protect theprivate sewer lateral. For purposes of this subdivision, reasonable careincludes the following actions:
a. Reviewing information provided by the private sewer lateral owner;
b. Meeting with the sewer system operator on-site, if the sewer systemoperator has additional information to provide about the location of privatesewer laterals; or
c. Conducting a visual inspection of the proposed excavation site in aneffort to determine the probable path of the sewer lateral.
C. When (i) an excavation is to take place within or outside the publicright-of-way or public sewer easement, (ii) the excavation involves theinstallation or maintenance of gas or electric utility lines by trenchlesstechnology, (iii) the potential for a conflict with a sewer lateral exists,and (iv) private sewer laterals are located in the public right-of-way oreasement:
1. The sewer system operator shall assist the excavator by one of thefollowing methods, unless the operator marks private sewer laterals in themanner required for its sewer system laterals under subsection B:
a. Provide copies of the best reasonably available records regarding thelocation of the private sewer laterals by electronic message, mail,facsimile, or other delivery method. If an excavation affects 25 or moreprivate sewer laterals, the sewer system operator's response shall be inaccordance with the timelines set forth in § 56-265.17:3. If the provision ofrecords required by this subsection imposes an unreasonable burden orsubstantial cost upon a sewer system operator, the excavator and the sewersystem operator shall endeavor in good faith to reach an agreement to providethe sewer system operator with additional time to provide the records or anyother mutually agreeable accommodation.
b. Provide the best reasonably available records on the Internet or anotherreadily accessible electronic system in order that the records may beretrieved by the excavator from a remote location. If the sewer systemoperator has implemented such a system, then the sewer system operator shallhave no further obligations to provide records under subdivision C 1 a.
c. If the sewer system operator has no such records, but has additionalinformation to provide about the location of private sewer laterals, then thesewer system operator shall notify the excavator of such information and,upon request, either meet with the excavator on-site or convey suchinformation to the excavator.
2. When the records have been made available in accordance with subdivision C1 and the excavator reasonably concludes that a private sewer lateral may beimpacted by the planned excavation based upon visual evidence, knowledge ofthe proposed excavation site, or other information available to theexcavator, the excavator shall exercise reasonable care to protect theprivate sewer lateral. For purposes of this subdivision, reasonable careincludes the following actions:
a. Reviewing information provided by the sewer system operator;
b. Reviewing information provided by the private sewer lateral owner;
c. Meeting with the sewer system operator on-site if the sewer systemoperator has additional information to provide about the location of privatesewer laterals; or
d. Conducting a visual inspection of the proposed excavation site in aneffort to determine the probable path of the sewer lateral.
D. Sewer system operators shall mark utility lines, other than sewer systemlaterals and private sewer laterals, as provided by other sections of thischapter.
E. Water system operators shall mark water system utility lines as providedby other sections of this chapter, except that a water system operator shallnot be responsible for marking private water laterals.
F. Records regarding the location of private sewer laterals provided on theInternet or otherwise made accessible by an electronic system pursuant tosubdivision C 1 b shall also be accessible to other public utilities andcable operators or excavators working on their behalf for purposes ofcompliance with this chapter.
G. In all excavations, the excavator shall exercise reasonable care toprotect underground utility lines.
(2010, c. 205.)