§ 56-265.15. (Effective until January 1, 2011) Definitions; calculation oftime periods.
A. As used in this chapter:
"Abandoned" means no longer in service and physically disconnected from aportion of the underground utility line that is in use for storage orconveyance of service.
"Commission" means the State Corporation Commission.
"Contract locator" means any person contracted by an operator specificallyto determine the approximate horizontal location of the operator's utilitylines that may exist within the area specified by a notice served on anotification center.
"Damage" means any impact upon or removal of support from an undergroundfacility as a result of excavation or demolition which according to theoperating practices of the operator would necessitate the repair of suchfacility.
"Demolish" or "demolition" means any operation by which a structure ormass of material is wrecked, razed, rendered, moved, or removed by means ofany tools, equipment, or discharge of explosives which could damageunderground utility lines.
"Designer" means any licensed professional designated by the project ownerwho designs government projects, commercial projects, residential projectsconsisting of twenty-five or more units, or industrial projects, whichprojects require the approval of governmental or regulatory authoritieshaving jurisdiction over the project area.
"Emergency" means a sudden or unexpected occurrence involving a clear andimminent danger, demanding immediate action to prevent or mitigate loss of,or damage to, life, health, property, or essential public services.
"Excavate" or "excavation" means any operation in which earth, rock, orother material in the ground is moved, removed, or otherwise displaced bymeans of any tools, equipment, or explosives and includes, withoutlimitation, grading, trenching, digging, ditching, dredging, drilling,augering, tunneling, scraping, cable or pipe plowing and driving, wrecking,razing, rendering, moving, or removing any structure or mass of material."Excavate" or "excavation" shall not include installation of a sign thatconsists of metal, plastic, or wooden poles placed in the ground by hand orby foot without the use of tools or equipment.
"Extraordinary circumstances" means floods, snow, ice storms, tornadoes,earthquakes, or other natural disasters.
"Hand digging" means any excavation involving nonmechanized tools orequipment. Hand digging includes, but is not limited to, digging withshovels, picks, and manual post hole diggers, vacuum excavation or softdigging.
"Notification center" means an organization whose membership is open to alloperators of underground facilities located within the notification center'sdesignated service area, which maintains a data base, provided by its memberoperators, that includes the geographic areas in which its member operatorsdesire transmissions of notices of proposed excavation, and which has thecapability to transmit, within one hour of receipt, notices of proposedexcavation to member operators by teletype, telecopy, personal computer, ortelephone.
"Notify," "notice" or "notification" means the completed delivery ofinformation to the person to be notified, and the receipt of same by suchperson in accordance with this chapter. The delivery of information includes,but is not limited to, the use of any electronic or technological means ofdata transfer.
"Operator" means any person who owns, furnishes or transports materials orservices by means of a utility line.
"Person" means any individual, operator, firm, joint venture, partnership,corporation, association, municipality, or other political subdivision,governmental unit, department or agency, and includes any trustee, receiver,assignee, or personal representative thereof.
"Soft digging" means any excavation using tools or equipment that utilizeair or water pressure as the direct means to break up soil or earth forremoval by vacuum excavation.
"Special project notice" means a valid notice to the notification center byan excavator covering a specific, unique or long-term project.
"Utility line" means any item of public or private property which is buriedor placed below ground or submerged for use in connection with the storage orconveyance of water, sewage, telecommunications, electric energy, cabletelevision, oil, petroleum products, gas, or other substances, and includesbut is not limited to pipes, sewers, combination storm/sanitary sewersystems, conduits, cables, valves, lines, wires, manholes, attachments, andthose portions of poles below ground. The term "sewage" as used herein doesnot include any gravity storm drainage systems. Except for any publicly ownedgravity sewer system within a county which has adopted the urban countyexecutive form of government, the term "utility line" does not include anygravity sewer system or any combination gravity storm/sanitary sewer systemwithin any counties, cities, towns or political subdivisions constructed orreplaced prior to January 1, 1995. No excavator shall be held liable for thecost to repair damage to any such systems constructed or replaced prior toJanuary 1, 1995, unless such systems are located in accordance with §56-265.19.
"Willful" means an act done intentionally, knowingly, and purposely,without justifiable excuse, as distinguished from an act done carelessly,thoughtlessly, heedlessly or inadvertently.
"Working day" means every day, except Saturdays, Sundays, and legal stateand national holidays.
B. Unless otherwise specified, all time periods used in this chapter shall becalculated from the time of the original notification to the notificationcenter as provided in § 56-265.17. In addition, all time periods excludeSaturdays, Sundays, and legal state and national holidays.
(1979, c. 291; 1980, cc. 696, 710; 1992, c. 192; 1994, c. 890; 1996, c. 79;2002, c. 841; 2010, cc. 777, 832.)
§ 56-265.15. (Effective January 1, 2011) Definitions; calculation of timeperiods.
A. As used in this chapter:
"Abandoned" means no longer in service and physically disconnected from aportion of the underground utility line that is in use for storage orconveyance of service.
"Commission" means the State Corporation Commission.
"Contract locator" means any person contracted by an operator specificallyto determine the approximate horizontal location of the operator's utilitylines that may exist within the area specified by a notice served on anotification center.
"Damage" means any impact upon or removal of support from an undergroundfacility as a result of excavation or demolition which according to theoperating practices of the operator would necessitate the repair of suchfacility.
"Demolish" or "demolition" means any operation by which a structure ormass of material is wrecked, razed, rendered, moved, or removed by means ofany tools, equipment, or discharge of explosives which could damageunderground utility lines.
"Designer" means any licensed professional designated by the project ownerwho designs government projects, commercial projects, residential projectsconsisting of 25 or more units, or industrial projects, which projectsrequire the approval of governmental or regulatory authorities havingjurisdiction over the project area.
"Emergency" means a sudden or unexpected occurrence involving a clear andimminent danger, demanding immediate action to prevent or mitigate loss of,or damage to, life, health, property, or essential public services.
"Excavate" or "excavation" means any operation in which earth, rock, orother material in the ground is moved, removed, or otherwise displaced bymeans of any tools, equipment, or explosives and includes, withoutlimitation, grading, trenching, digging, ditching, dredging, drilling,augering, tunneling, scraping, cable or pipe plowing and driving, wrecking,razing, rendering, moving, or removing any structure or mass of material."Excavate" or "excavation" shall not include installation of a sign thatconsists of metal, plastic, or wooden poles placed in the ground by hand orby foot without the use of tools or equipment.
"Extraordinary circumstances" means floods, snow, ice storms, tornadoes,earthquakes, or other natural disasters.
"Hand digging" means any excavation involving nonmechanized tools orequipment. Hand digging includes, but is not limited to, digging withshovels, picks, and manual post hole diggers, vacuum excavation or softdigging.
"Notification center" means an organization whose membership is open to alloperators of underground facilities located within the notification center'sdesignated service area, which maintains a data base, provided by its memberoperators, that includes the geographic areas in which its member operatorsdesire transmissions of notices of proposed excavation, and which has thecapability to transmit, within one hour of receipt, notices of proposedexcavation to member operators by teletype, telecopy, personal computer, ortelephone.
"Notify," "notice" or "notification" means the completed delivery ofinformation to the person to be notified, and the receipt of same by suchperson in accordance with this chapter. The delivery of information includes,but is not limited to, the use of any electronic or technological means ofdata transfer.
"Operator" means any person who owns, furnishes or transports materials orservices by means of a utility line.
"Person" means any individual, operator, firm, joint venture, partnership,corporation, association, municipality, or other political subdivision,governmental unit, department or agency, and includes any trustee, receiver,assignee, or personal representative thereof.
"Private sewer lateral" means a privately owned, legally authorized utilityline that transports wastewater from one or more buildings to a sewer systemutility line owned by a sewer system operator.
"Private water lateral" means a privately owned, legally authorized utilityline that supplies water from a water system utility line owned by a watersystem operator to one or more buildings or properties.
"Sewer system" means a system of utility lines used for conveyingwastewater, and includes sewer system laterals but does not include privatesewer laterals.
"Sewer system lateral" means a lateral utility line located in the publicright-of-way or public sewer easement, owned by a sewer system operator, andused to transport wastewater to the operator's main sewer line.
"Sewer system operator" means an operator of a sewer system.
"Soft digging" means any excavation using tools or equipment that utilizeair or water pressure as the direct means to break up soil or earth forremoval by vacuum excavation.
"Special project notice" means a valid notice to the notification center byan excavator covering a specific, unique or long-term project.
"Utility line" means any item of public or private property which is buriedor placed below ground or submerged for use in connection with the storage orconveyance of water, sewage, telecommunications, electric energy, cabletelevision, oil, petroleum products, gas, or other substances, and includesbut is not limited to pipes, sewers, combination storm/sanitary sewersystems, conduits, cables, valves, lines, wires, manholes, attachments, andthose portions of poles below ground. The term "sewage" as used herein doesnot include any gravity storm drainage systems. Except for any publicly ownedgravity sewer system within a county which has adopted the urban countyexecutive form of government, the term "utility line" does not include anygravity sewer system or any combination gravity storm/sanitary sewer systemwithin any counties, cities, towns or political subdivisions constructed orreplaced prior to January 1, 1995. No excavator shall be held liable for thecost to repair damage to any such systems constructed or replaced prior toJanuary 1, 1995, unless such systems are located in accordance with §56-265.19.
"Water system" means a system of utility lines used for supplying water,and does not include private water laterals.
"Water system operator" means an operator of a water system.
"Willful" means an act done intentionally, knowingly, and purposely,without justifiable excuse, as distinguished from an act done carelessly,thoughtlessly, heedlessly or inadvertently.
"Working day" means every day, except Saturdays, Sundays, and legal stateand national holidays.
B. Unless otherwise specified, all time periods used in this chapter shall becalculated from the time of the original notification to the notificationcenter as provided in § 56-265.17. In addition, all time periods excludeSaturdays, Sundays, and legal state and national holidays.
(1979, c. 291; 1980, cc. 696, 710; 1992, c. 192; 1994, c. 890; 1996, c. 79;2002, c. 841; 2010, cc. 205, 777, 832.)
§ 56-265.15. (Effective until January 1, 2011) Definitions; calculation oftime periods.
A. As used in this chapter:
"Abandoned" means no longer in service and physically disconnected from aportion of the underground utility line that is in use for storage orconveyance of service.
"Commission" means the State Corporation Commission.
"Contract locator" means any person contracted by an operator specificallyto determine the approximate horizontal location of the operator's utilitylines that may exist within the area specified by a notice served on anotification center.
"Damage" means any impact upon or removal of support from an undergroundfacility as a result of excavation or demolition which according to theoperating practices of the operator would necessitate the repair of suchfacility.
"Demolish" or "demolition" means any operation by which a structure ormass of material is wrecked, razed, rendered, moved, or removed by means ofany tools, equipment, or discharge of explosives which could damageunderground utility lines.
"Designer" means any licensed professional designated by the project ownerwho designs government projects, commercial projects, residential projectsconsisting of twenty-five or more units, or industrial projects, whichprojects require the approval of governmental or regulatory authoritieshaving jurisdiction over the project area.
"Emergency" means a sudden or unexpected occurrence involving a clear andimminent danger, demanding immediate action to prevent or mitigate loss of,or damage to, life, health, property, or essential public services.
"Excavate" or "excavation" means any operation in which earth, rock, orother material in the ground is moved, removed, or otherwise displaced bymeans of any tools, equipment, or explosives and includes, withoutlimitation, grading, trenching, digging, ditching, dredging, drilling,augering, tunneling, scraping, cable or pipe plowing and driving, wrecking,razing, rendering, moving, or removing any structure or mass of material."Excavate" or "excavation" shall not include installation of a sign thatconsists of metal, plastic, or wooden poles placed in the ground by hand orby foot without the use of tools or equipment.
"Extraordinary circumstances" means floods, snow, ice storms, tornadoes,earthquakes, or other natural disasters.
"Hand digging" means any excavation involving nonmechanized tools orequipment. Hand digging includes, but is not limited to, digging withshovels, picks, and manual post hole diggers, vacuum excavation or softdigging.
"Notification center" means an organization whose membership is open to alloperators of underground facilities located within the notification center'sdesignated service area, which maintains a data base, provided by its memberoperators, that includes the geographic areas in which its member operatorsdesire transmissions of notices of proposed excavation, and which has thecapability to transmit, within one hour of receipt, notices of proposedexcavation to member operators by teletype, telecopy, personal computer, ortelephone.
"Notify," "notice" or "notification" means the completed delivery ofinformation to the person to be notified, and the receipt of same by suchperson in accordance with this chapter. The delivery of information includes,but is not limited to, the use of any electronic or technological means ofdata transfer.
"Operator" means any person who owns, furnishes or transports materials orservices by means of a utility line.
"Person" means any individual, operator, firm, joint venture, partnership,corporation, association, municipality, or other political subdivision,governmental unit, department or agency, and includes any trustee, receiver,assignee, or personal representative thereof.
"Soft digging" means any excavation using tools or equipment that utilizeair or water pressure as the direct means to break up soil or earth forremoval by vacuum excavation.
"Special project notice" means a valid notice to the notification center byan excavator covering a specific, unique or long-term project.
"Utility line" means any item of public or private property which is buriedor placed below ground or submerged for use in connection with the storage orconveyance of water, sewage, telecommunications, electric energy, cabletelevision, oil, petroleum products, gas, or other substances, and includesbut is not limited to pipes, sewers, combination storm/sanitary sewersystems, conduits, cables, valves, lines, wires, manholes, attachments, andthose portions of poles below ground. The term "sewage" as used herein doesnot include any gravity storm drainage systems. Except for any publicly ownedgravity sewer system within a county which has adopted the urban countyexecutive form of government, the term "utility line" does not include anygravity sewer system or any combination gravity storm/sanitary sewer systemwithin any counties, cities, towns or political subdivisions constructed orreplaced prior to January 1, 1995. No excavator shall be held liable for thecost to repair damage to any such systems constructed or replaced prior toJanuary 1, 1995, unless such systems are located in accordance with §56-265.19.
"Willful" means an act done intentionally, knowingly, and purposely,without justifiable excuse, as distinguished from an act done carelessly,thoughtlessly, heedlessly or inadvertently.
"Working day" means every day, except Saturdays, Sundays, and legal stateand national holidays.
B. Unless otherwise specified, all time periods used in this chapter shall becalculated from the time of the original notification to the notificationcenter as provided in § 56-265.17. In addition, all time periods excludeSaturdays, Sundays, and legal state and national holidays.
(1979, c. 291; 1980, cc. 696, 710; 1992, c. 192; 1994, c. 890; 1996, c. 79;2002, c. 841; 2010, cc. 777, 832.)
§ 56-265.15. (Effective January 1, 2011) Definitions; calculation of timeperiods.
A. As used in this chapter:
"Abandoned" means no longer in service and physically disconnected from aportion of the underground utility line that is in use for storage orconveyance of service.
"Commission" means the State Corporation Commission.
"Contract locator" means any person contracted by an operator specificallyto determine the approximate horizontal location of the operator's utilitylines that may exist within the area specified by a notice served on anotification center.
"Damage" means any impact upon or removal of support from an undergroundfacility as a result of excavation or demolition which according to theoperating practices of the operator would necessitate the repair of suchfacility.
"Demolish" or "demolition" means any operation by which a structure ormass of material is wrecked, razed, rendered, moved, or removed by means ofany tools, equipment, or discharge of explosives which could damageunderground utility lines.
"Designer" means any licensed professional designated by the project ownerwho designs government projects, commercial projects, residential projectsconsisting of 25 or more units, or industrial projects, which projectsrequire the approval of governmental or regulatory authorities havingjurisdiction over the project area.
"Emergency" means a sudden or unexpected occurrence involving a clear andimminent danger, demanding immediate action to prevent or mitigate loss of,or damage to, life, health, property, or essential public services.
"Excavate" or "excavation" means any operation in which earth, rock, orother material in the ground is moved, removed, or otherwise displaced bymeans of any tools, equipment, or explosives and includes, withoutlimitation, grading, trenching, digging, ditching, dredging, drilling,augering, tunneling, scraping, cable or pipe plowing and driving, wrecking,razing, rendering, moving, or removing any structure or mass of material."Excavate" or "excavation" shall not include installation of a sign thatconsists of metal, plastic, or wooden poles placed in the ground by hand orby foot without the use of tools or equipment.
"Extraordinary circumstances" means floods, snow, ice storms, tornadoes,earthquakes, or other natural disasters.
"Hand digging" means any excavation involving nonmechanized tools orequipment. Hand digging includes, but is not limited to, digging withshovels, picks, and manual post hole diggers, vacuum excavation or softdigging.
"Notification center" means an organization whose membership is open to alloperators of underground facilities located within the notification center'sdesignated service area, which maintains a data base, provided by its memberoperators, that includes the geographic areas in which its member operatorsdesire transmissions of notices of proposed excavation, and which has thecapability to transmit, within one hour of receipt, notices of proposedexcavation to member operators by teletype, telecopy, personal computer, ortelephone.
"Notify," "notice" or "notification" means the completed delivery ofinformation to the person to be notified, and the receipt of same by suchperson in accordance with this chapter. The delivery of information includes,but is not limited to, the use of any electronic or technological means ofdata transfer.
"Operator" means any person who owns, furnishes or transports materials orservices by means of a utility line.
"Person" means any individual, operator, firm, joint venture, partnership,corporation, association, municipality, or other political subdivision,governmental unit, department or agency, and includes any trustee, receiver,assignee, or personal representative thereof.
"Private sewer lateral" means a privately owned, legally authorized utilityline that transports wastewater from one or more buildings to a sewer systemutility line owned by a sewer system operator.
"Private water lateral" means a privately owned, legally authorized utilityline that supplies water from a water system utility line owned by a watersystem operator to one or more buildings or properties.
"Sewer system" means a system of utility lines used for conveyingwastewater, and includes sewer system laterals but does not include privatesewer laterals.
"Sewer system lateral" means a lateral utility line located in the publicright-of-way or public sewer easement, owned by a sewer system operator, andused to transport wastewater to the operator's main sewer line.
"Sewer system operator" means an operator of a sewer system.
"Soft digging" means any excavation using tools or equipment that utilizeair or water pressure as the direct means to break up soil or earth forremoval by vacuum excavation.
"Special project notice" means a valid notice to the notification center byan excavator covering a specific, unique or long-term project.
"Utility line" means any item of public or private property which is buriedor placed below ground or submerged for use in connection with the storage orconveyance of water, sewage, telecommunications, electric energy, cabletelevision, oil, petroleum products, gas, or other substances, and includesbut is not limited to pipes, sewers, combination storm/sanitary sewersystems, conduits, cables, valves, lines, wires, manholes, attachments, andthose portions of poles below ground. The term "sewage" as used herein doesnot include any gravity storm drainage systems. Except for any publicly ownedgravity sewer system within a county which has adopted the urban countyexecutive form of government, the term "utility line" does not include anygravity sewer system or any combination gravity storm/sanitary sewer systemwithin any counties, cities, towns or political subdivisions constructed orreplaced prior to January 1, 1995. No excavator shall be held liable for thecost to repair damage to any such systems constructed or replaced prior toJanuary 1, 1995, unless such systems are located in accordance with §56-265.19.
"Water system" means a system of utility lines used for supplying water,and does not include private water laterals.
"Water system operator" means an operator of a water system.
"Willful" means an act done intentionally, knowingly, and purposely,without justifiable excuse, as distinguished from an act done carelessly,thoughtlessly, heedlessly or inadvertently.
"Working day" means every day, except Saturdays, Sundays, and legal stateand national holidays.
B. Unless otherwise specified, all time periods used in this chapter shall becalculated from the time of the original notification to the notificationcenter as provided in § 56-265.17. In addition, all time periods excludeSaturdays, Sundays, and legal state and national holidays.
(1979, c. 291; 1980, cc. 696, 710; 1992, c. 192; 1994, c. 890; 1996, c. 79;2002, c. 841; 2010, cc. 205, 777, 832.)
§ 56-265.15. (Effective until January 1, 2011) Definitions; calculation oftime periods.
A. As used in this chapter:
"Abandoned" means no longer in service and physically disconnected from aportion of the underground utility line that is in use for storage orconveyance of service.
"Commission" means the State Corporation Commission.
"Contract locator" means any person contracted by an operator specificallyto determine the approximate horizontal location of the operator's utilitylines that may exist within the area specified by a notice served on anotification center.
"Damage" means any impact upon or removal of support from an undergroundfacility as a result of excavation or demolition which according to theoperating practices of the operator would necessitate the repair of suchfacility.
"Demolish" or "demolition" means any operation by which a structure ormass of material is wrecked, razed, rendered, moved, or removed by means ofany tools, equipment, or discharge of explosives which could damageunderground utility lines.
"Designer" means any licensed professional designated by the project ownerwho designs government projects, commercial projects, residential projectsconsisting of twenty-five or more units, or industrial projects, whichprojects require the approval of governmental or regulatory authoritieshaving jurisdiction over the project area.
"Emergency" means a sudden or unexpected occurrence involving a clear andimminent danger, demanding immediate action to prevent or mitigate loss of,or damage to, life, health, property, or essential public services.
"Excavate" or "excavation" means any operation in which earth, rock, orother material in the ground is moved, removed, or otherwise displaced bymeans of any tools, equipment, or explosives and includes, withoutlimitation, grading, trenching, digging, ditching, dredging, drilling,augering, tunneling, scraping, cable or pipe plowing and driving, wrecking,razing, rendering, moving, or removing any structure or mass of material."Excavate" or "excavation" shall not include installation of a sign thatconsists of metal, plastic, or wooden poles placed in the ground by hand orby foot without the use of tools or equipment.
"Extraordinary circumstances" means floods, snow, ice storms, tornadoes,earthquakes, or other natural disasters.
"Hand digging" means any excavation involving nonmechanized tools orequipment. Hand digging includes, but is not limited to, digging withshovels, picks, and manual post hole diggers, vacuum excavation or softdigging.
"Notification center" means an organization whose membership is open to alloperators of underground facilities located within the notification center'sdesignated service area, which maintains a data base, provided by its memberoperators, that includes the geographic areas in which its member operatorsdesire transmissions of notices of proposed excavation, and which has thecapability to transmit, within one hour of receipt, notices of proposedexcavation to member operators by teletype, telecopy, personal computer, ortelephone.
"Notify," "notice" or "notification" means the completed delivery ofinformation to the person to be notified, and the receipt of same by suchperson in accordance with this chapter. The delivery of information includes,but is not limited to, the use of any electronic or technological means ofdata transfer.
"Operator" means any person who owns, furnishes or transports materials orservices by means of a utility line.
"Person" means any individual, operator, firm, joint venture, partnership,corporation, association, municipality, or other political subdivision,governmental unit, department or agency, and includes any trustee, receiver,assignee, or personal representative thereof.
"Soft digging" means any excavation using tools or equipment that utilizeair or water pressure as the direct means to break up soil or earth forremoval by vacuum excavation.
"Special project notice" means a valid notice to the notification center byan excavator covering a specific, unique or long-term project.
"Utility line" means any item of public or private property which is buriedor placed below ground or submerged for use in connection with the storage orconveyance of water, sewage, telecommunications, electric energy, cabletelevision, oil, petroleum products, gas, or other substances, and includesbut is not limited to pipes, sewers, combination storm/sanitary sewersystems, conduits, cables, valves, lines, wires, manholes, attachments, andthose portions of poles below ground. The term "sewage" as used herein doesnot include any gravity storm drainage systems. Except for any publicly ownedgravity sewer system within a county which has adopted the urban countyexecutive form of government, the term "utility line" does not include anygravity sewer system or any combination gravity storm/sanitary sewer systemwithin any counties, cities, towns or political subdivisions constructed orreplaced prior to January 1, 1995. No excavator shall be held liable for thecost to repair damage to any such systems constructed or replaced prior toJanuary 1, 1995, unless such systems are located in accordance with §56-265.19.
"Willful" means an act done intentionally, knowingly, and purposely,without justifiable excuse, as distinguished from an act done carelessly,thoughtlessly, heedlessly or inadvertently.
"Working day" means every day, except Saturdays, Sundays, and legal stateand national holidays.
B. Unless otherwise specified, all time periods used in this chapter shall becalculated from the time of the original notification to the notificationcenter as provided in § 56-265.17. In addition, all time periods excludeSaturdays, Sundays, and legal state and national holidays.
(1979, c. 291; 1980, cc. 696, 710; 1992, c. 192; 1994, c. 890; 1996, c. 79;2002, c. 841; 2010, cc. 777, 832.)
§ 56-265.15. (Effective January 1, 2011) Definitions; calculation of timeperiods.
A. As used in this chapter:
"Abandoned" means no longer in service and physically disconnected from aportion of the underground utility line that is in use for storage orconveyance of service.
"Commission" means the State Corporation Commission.
"Contract locator" means any person contracted by an operator specificallyto determine the approximate horizontal location of the operator's utilitylines that may exist within the area specified by a notice served on anotification center.
"Damage" means any impact upon or removal of support from an undergroundfacility as a result of excavation or demolition which according to theoperating practices of the operator would necessitate the repair of suchfacility.
"Demolish" or "demolition" means any operation by which a structure ormass of material is wrecked, razed, rendered, moved, or removed by means ofany tools, equipment, or discharge of explosives which could damageunderground utility lines.
"Designer" means any licensed professional designated by the project ownerwho designs government projects, commercial projects, residential projectsconsisting of 25 or more units, or industrial projects, which projectsrequire the approval of governmental or regulatory authorities havingjurisdiction over the project area.
"Emergency" means a sudden or unexpected occurrence involving a clear andimminent danger, demanding immediate action to prevent or mitigate loss of,or damage to, life, health, property, or essential public services.
"Excavate" or "excavation" means any operation in which earth, rock, orother material in the ground is moved, removed, or otherwise displaced bymeans of any tools, equipment, or explosives and includes, withoutlimitation, grading, trenching, digging, ditching, dredging, drilling,augering, tunneling, scraping, cable or pipe plowing and driving, wrecking,razing, rendering, moving, or removing any structure or mass of material."Excavate" or "excavation" shall not include installation of a sign thatconsists of metal, plastic, or wooden poles placed in the ground by hand orby foot without the use of tools or equipment.
"Extraordinary circumstances" means floods, snow, ice storms, tornadoes,earthquakes, or other natural disasters.
"Hand digging" means any excavation involving nonmechanized tools orequipment. Hand digging includes, but is not limited to, digging withshovels, picks, and manual post hole diggers, vacuum excavation or softdigging.
"Notification center" means an organization whose membership is open to alloperators of underground facilities located within the notification center'sdesignated service area, which maintains a data base, provided by its memberoperators, that includes the geographic areas in which its member operatorsdesire transmissions of notices of proposed excavation, and which has thecapability to transmit, within one hour of receipt, notices of proposedexcavation to member operators by teletype, telecopy, personal computer, ortelephone.
"Notify," "notice" or "notification" means the completed delivery ofinformation to the person to be notified, and the receipt of same by suchperson in accordance with this chapter. The delivery of information includes,but is not limited to, the use of any electronic or technological means ofdata transfer.
"Operator" means any person who owns, furnishes or transports materials orservices by means of a utility line.
"Person" means any individual, operator, firm, joint venture, partnership,corporation, association, municipality, or other political subdivision,governmental unit, department or agency, and includes any trustee, receiver,assignee, or personal representative thereof.
"Private sewer lateral" means a privately owned, legally authorized utilityline that transports wastewater from one or more buildings to a sewer systemutility line owned by a sewer system operator.
"Private water lateral" means a privately owned, legally authorized utilityline that supplies water from a water system utility line owned by a watersystem operator to one or more buildings or properties.
"Sewer system" means a system of utility lines used for conveyingwastewater, and includes sewer system laterals but does not include privatesewer laterals.
"Sewer system lateral" means a lateral utility line located in the publicright-of-way or public sewer easement, owned by a sewer system operator, andused to transport wastewater to the operator's main sewer line.
"Sewer system operator" means an operator of a sewer system.
"Soft digging" means any excavation using tools or equipment that utilizeair or water pressure as the direct means to break up soil or earth forremoval by vacuum excavation.
"Special project notice" means a valid notice to the notification center byan excavator covering a specific, unique or long-term project.
"Utility line" means any item of public or private property which is buriedor placed below ground or submerged for use in connection with the storage orconveyance of water, sewage, telecommunications, electric energy, cabletelevision, oil, petroleum products, gas, or other substances, and includesbut is not limited to pipes, sewers, combination storm/sanitary sewersystems, conduits, cables, valves, lines, wires, manholes, attachments, andthose portions of poles below ground. The term "sewage" as used herein doesnot include any gravity storm drainage systems. Except for any publicly ownedgravity sewer system within a county which has adopted the urban countyexecutive form of government, the term "utility line" does not include anygravity sewer system or any combination gravity storm/sanitary sewer systemwithin any counties, cities, towns or political subdivisions constructed orreplaced prior to January 1, 1995. No excavator shall be held liable for thecost to repair damage to any such systems constructed or replaced prior toJanuary 1, 1995, unless such systems are located in accordance with §56-265.19.
"Water system" means a system of utility lines used for supplying water,and does not include private water laterals.
"Water system operator" means an operator of a water system.
"Willful" means an act done intentionally, knowingly, and purposely,without justifiable excuse, as distinguished from an act done carelessly,thoughtlessly, heedlessly or inadvertently.
"Working day" means every day, except Saturdays, Sundays, and legal stateand national holidays.
B. Unless otherwise specified, all time periods used in this chapter shall becalculated from the time of the original notification to the notificationcenter as provided in § 56-265.17. In addition, all time periods excludeSaturdays, Sundays, and legal state and national holidays.
(1979, c. 291; 1980, cc. 696, 710; 1992, c. 192; 1994, c. 890; 1996, c. 79;2002, c. 841; 2010, cc. 205, 777, 832.)
