§ 56-265.16:1. Operators to join notification centers; certification.
A. Every operator, including counties, cities and towns, but excluding theDepartment of Transportation, having the right to bury underground utilitylines shall join the notification center for the area.
B. Every notification center shall be certified by the Commission. TheCommission shall determine the optimum number of notification centers in theCommonwealth. If the Commission determines that there shall be more than onenotification center in the Commonwealth, it shall define the geographic areato be served by each notification center.
C. Any corporation desiring to serve as the notification center for an areaof the Commonwealth may apply to the Commission to be certified as thenotification center for that area. The Commission shall have authority togrant, amend, or revoke certificates under regulations promulgated relatingto certification. An application for certification shall include suchinformation as the Commission may reasonably require addressing theapplicant's operational plan for the notification center.
D. Every Commission action regarding the optimum number of notificationcenters, the geographic area to be served by each notification center, thepromulgation of notification center certification regulations, and the grant,amendment, or revocation of notification center certifications shall be madein furtherance of the purpose of preventing or mitigating loss of, or damageto, life, health, property or essential public services resulting from damageto underground utility lines. Any action by the Commission to approve orrevoke any notification center certification shall:
1. Ensure protection for the public from the hazards that this chapter isintended to prevent or mitigate;
2. Ensure that all persons served by the notification center receive anacceptable level of performance, which level shall be maintained throughoutthe period of the notification center's certification; and
3. Require the notification center and its agents to demonstrate financialresponsibility for any damages that may result from their violation of anyprovision of this chapter. Such requirement may be met by purchasing andmaintaining liability insurance on such terms and in such amount as theCommission deems appropriate.
E. A notification center shall maintain an excavator-operator informationexchange system in accordance with notification center certificationregulations promulgated by the Commission. The members of a notificationcenter shall be responsible for developing and implementing a publicawareness program to ensure that all parties affected by this chapter shallbe aware of their responsibilities. There shall be only one notificationcenter certified for each geographic area defined by the Commission.
(1989, c. 448; 1992, c. 192; 1994, c. 890; 2001, c. 399.)
§ 56-265.16:1. Operators to join notification centers; certification.
A. Every operator, including counties, cities and towns, but excluding theDepartment of Transportation, having the right to bury underground utilitylines shall join the notification center for the area.
B. Every notification center shall be certified by the Commission. TheCommission shall determine the optimum number of notification centers in theCommonwealth. If the Commission determines that there shall be more than onenotification center in the Commonwealth, it shall define the geographic areato be served by each notification center.
C. Any corporation desiring to serve as the notification center for an areaof the Commonwealth may apply to the Commission to be certified as thenotification center for that area. The Commission shall have authority togrant, amend, or revoke certificates under regulations promulgated relatingto certification. An application for certification shall include suchinformation as the Commission may reasonably require addressing theapplicant's operational plan for the notification center.
D. Every Commission action regarding the optimum number of notificationcenters, the geographic area to be served by each notification center, thepromulgation of notification center certification regulations, and the grant,amendment, or revocation of notification center certifications shall be madein furtherance of the purpose of preventing or mitigating loss of, or damageto, life, health, property or essential public services resulting from damageto underground utility lines. Any action by the Commission to approve orrevoke any notification center certification shall:
1. Ensure protection for the public from the hazards that this chapter isintended to prevent or mitigate;
2. Ensure that all persons served by the notification center receive anacceptable level of performance, which level shall be maintained throughoutthe period of the notification center's certification; and
3. Require the notification center and its agents to demonstrate financialresponsibility for any damages that may result from their violation of anyprovision of this chapter. Such requirement may be met by purchasing andmaintaining liability insurance on such terms and in such amount as theCommission deems appropriate.
E. A notification center shall maintain an excavator-operator informationexchange system in accordance with notification center certificationregulations promulgated by the Commission. The members of a notificationcenter shall be responsible for developing and implementing a publicawareness program to ensure that all parties affected by this chapter shallbe aware of their responsibilities. There shall be only one notificationcenter certified for each geographic area defined by the Commission.
(1989, c. 448; 1992, c. 192; 1994, c. 890; 2001, c. 399.)
§ 56-265.16:1. Operators to join notification centers; certification.
A. Every operator, including counties, cities and towns, but excluding theDepartment of Transportation, having the right to bury underground utilitylines shall join the notification center for the area.
B. Every notification center shall be certified by the Commission. TheCommission shall determine the optimum number of notification centers in theCommonwealth. If the Commission determines that there shall be more than onenotification center in the Commonwealth, it shall define the geographic areato be served by each notification center.
C. Any corporation desiring to serve as the notification center for an areaof the Commonwealth may apply to the Commission to be certified as thenotification center for that area. The Commission shall have authority togrant, amend, or revoke certificates under regulations promulgated relatingto certification. An application for certification shall include suchinformation as the Commission may reasonably require addressing theapplicant's operational plan for the notification center.
D. Every Commission action regarding the optimum number of notificationcenters, the geographic area to be served by each notification center, thepromulgation of notification center certification regulations, and the grant,amendment, or revocation of notification center certifications shall be madein furtherance of the purpose of preventing or mitigating loss of, or damageto, life, health, property or essential public services resulting from damageto underground utility lines. Any action by the Commission to approve orrevoke any notification center certification shall:
1. Ensure protection for the public from the hazards that this chapter isintended to prevent or mitigate;
2. Ensure that all persons served by the notification center receive anacceptable level of performance, which level shall be maintained throughoutthe period of the notification center's certification; and
3. Require the notification center and its agents to demonstrate financialresponsibility for any damages that may result from their violation of anyprovision of this chapter. Such requirement may be met by purchasing andmaintaining liability insurance on such terms and in such amount as theCommission deems appropriate.
E. A notification center shall maintain an excavator-operator informationexchange system in accordance with notification center certificationregulations promulgated by the Commission. The members of a notificationcenter shall be responsible for developing and implementing a publicawareness program to ensure that all parties affected by this chapter shallbe aware of their responsibilities. There shall be only one notificationcenter certified for each geographic area defined by the Commission.
(1989, c. 448; 1992, c. 192; 1994, c. 890; 2001, c. 399.)
