A. Any person excavating within two feet on either side of the staked ormarked location of an operator's underground utility line or demolishing insuch proximity to an underground utility line that the utility line may bedestroyed, damaged, dislocated or disturbed shall take all reasonable stepsnecessary to properly protect, support and backfill underground utilitylines. For excavations not parallel to an existing underground utility line,such steps shall include, but may not be limited to:
1. Exposing the underground utility line to its extremities by hand digging;
2. Not utilizing mechanized equipment within two feet of the extremities ofall exposed utility lines; and
3. Protecting the exposed utility lines from damage.
In addition, for excavations parallel to an existing utility line, such stepsshall include, but may not be limited to, hand digging at reasonabledistances along the line of excavation. The excavator shall exercise due careat all times to protect underground utility lines when exposing these linesby hand digging.
B. If the markings locating the underground lines become illegible due totime, weather, construction, or any other cause, the person performing theexcavation or demolition shall so notify the notification center for thearea. Such notification shall constitute an extension under subsection D of §56-265.17.
C. If, upon arrival at the site of a proposed excavation, the excavatorobserves clear evidence of the presence of an unmarked utility line in thearea of the proposed excavation, the excavator shall not begin excavatinguntil an additional call is made to the notification center for the areapursuant to subsection B of § 56-265.17.
D. In the event of any damage to, or dislocation, or disturbance of anyunderground utility line including its appurtenances, covering, and coating,in connection with any excavation or demolition, the person responsible forthe excavation or demolition operations shall immediately notify the operatorof the underground utility line and shall not backfill around the undergroundutility line until the operator has repaired the damage or has givenclearance to backfill. The operator shall either commence repair of thedamage or give clearance to backfill within twenty-four hours, and upon hisfailure to commence or prosecute with diligence such repair or giveclearance, the giving of clearance shall be presumed.
E. If the damage, dislocation, or disturbance of the underground utility linecreates an emergency, the person responsible for the excavation or demolitionshall, in addition to complying with subsection D of this section, takeimmediate steps reasonably calculated to safeguard life, health and property.
F. With the exception of designers requesting marking of a site, inaccordance with § 56-265.17, no person, including operators, shall requestmarking of a site through a notification center unless excavation shallcommence within thirty working days from the date of the originalnotification to the notification center. Except for counties, cities, andtowns, any person who willfully fails to comply with this subsection shall beliable to the operator for three times the cost of marking its utility line,not to exceed $1,000.
G. Any person performing excavation or demolition shall provide to theoperator of the underground utility line in the area of excavation or to theappropriate regulatory authority having jurisdiction, the number issued bythe notification center for that excavation site in response to theexcavator's notice, within one hour of a request for the number issued by thenotification center.
H. If an excavator discovers an unmarked line, the excavator shall protectthis line pursuant to subsection C of this section. An excavator shall notremove an abandoned line without first receiving authorization to do so bythe operator.
(1979, c. 291; 1994, c. 890; 1996, c. 79; 2002, c. 841.)
A. Any person excavating within two feet on either side of the staked ormarked location of an operator's underground utility line or demolishing insuch proximity to an underground utility line that the utility line may bedestroyed, damaged, dislocated or disturbed shall take all reasonable stepsnecessary to properly protect, support and backfill underground utilitylines. For excavations not parallel to an existing underground utility line,such steps shall include, but may not be limited to:
1. Exposing the underground utility line to its extremities by hand digging;
2. Not utilizing mechanized equipment within two feet of the extremities ofall exposed utility lines; and
3. Protecting the exposed utility lines from damage.
In addition, for excavations parallel to an existing utility line, such stepsshall include, but may not be limited to, hand digging at reasonabledistances along the line of excavation. The excavator shall exercise due careat all times to protect underground utility lines when exposing these linesby hand digging.
B. If the markings locating the underground lines become illegible due totime, weather, construction, or any other cause, the person performing theexcavation or demolition shall so notify the notification center for thearea. Such notification shall constitute an extension under subsection D of §56-265.17.
C. If, upon arrival at the site of a proposed excavation, the excavatorobserves clear evidence of the presence of an unmarked utility line in thearea of the proposed excavation, the excavator shall not begin excavatinguntil an additional call is made to the notification center for the areapursuant to subsection B of § 56-265.17.
D. In the event of any damage to, or dislocation, or disturbance of anyunderground utility line including its appurtenances, covering, and coating,in connection with any excavation or demolition, the person responsible forthe excavation or demolition operations shall immediately notify the operatorof the underground utility line and shall not backfill around the undergroundutility line until the operator has repaired the damage or has givenclearance to backfill. The operator shall either commence repair of thedamage or give clearance to backfill within twenty-four hours, and upon hisfailure to commence or prosecute with diligence such repair or giveclearance, the giving of clearance shall be presumed.
E. If the damage, dislocation, or disturbance of the underground utility linecreates an emergency, the person responsible for the excavation or demolitionshall, in addition to complying with subsection D of this section, takeimmediate steps reasonably calculated to safeguard life, health and property.
F. With the exception of designers requesting marking of a site, inaccordance with § 56-265.17, no person, including operators, shall requestmarking of a site through a notification center unless excavation shallcommence within thirty working days from the date of the originalnotification to the notification center. Except for counties, cities, andtowns, any person who willfully fails to comply with this subsection shall beliable to the operator for three times the cost of marking its utility line,not to exceed $1,000.
G. Any person performing excavation or demolition shall provide to theoperator of the underground utility line in the area of excavation or to theappropriate regulatory authority having jurisdiction, the number issued bythe notification center for that excavation site in response to theexcavator's notice, within one hour of a request for the number issued by thenotification center.
H. If an excavator discovers an unmarked line, the excavator shall protectthis line pursuant to subsection C of this section. An excavator shall notremove an abandoned line without first receiving authorization to do so bythe operator.
(1979, c. 291; 1994, c. 890; 1996, c. 79; 2002, c. 841.)
A. Any person excavating within two feet on either side of the staked ormarked location of an operator's underground utility line or demolishing insuch proximity to an underground utility line that the utility line may bedestroyed, damaged, dislocated or disturbed shall take all reasonable stepsnecessary to properly protect, support and backfill underground utilitylines. For excavations not parallel to an existing underground utility line,such steps shall include, but may not be limited to:
1. Exposing the underground utility line to its extremities by hand digging;
2. Not utilizing mechanized equipment within two feet of the extremities ofall exposed utility lines; and
3. Protecting the exposed utility lines from damage.
In addition, for excavations parallel to an existing utility line, such stepsshall include, but may not be limited to, hand digging at reasonabledistances along the line of excavation. The excavator shall exercise due careat all times to protect underground utility lines when exposing these linesby hand digging.
B. If the markings locating the underground lines become illegible due totime, weather, construction, or any other cause, the person performing theexcavation or demolition shall so notify the notification center for thearea. Such notification shall constitute an extension under subsection D of §56-265.17.
C. If, upon arrival at the site of a proposed excavation, the excavatorobserves clear evidence of the presence of an unmarked utility line in thearea of the proposed excavation, the excavator shall not begin excavatinguntil an additional call is made to the notification center for the areapursuant to subsection B of § 56-265.17.
D. In the event of any damage to, or dislocation, or disturbance of anyunderground utility line including its appurtenances, covering, and coating,in connection with any excavation or demolition, the person responsible forthe excavation or demolition operations shall immediately notify the operatorof the underground utility line and shall not backfill around the undergroundutility line until the operator has repaired the damage or has givenclearance to backfill. The operator shall either commence repair of thedamage or give clearance to backfill within twenty-four hours, and upon hisfailure to commence or prosecute with diligence such repair or giveclearance, the giving of clearance shall be presumed.
E. If the damage, dislocation, or disturbance of the underground utility linecreates an emergency, the person responsible for the excavation or demolitionshall, in addition to complying with subsection D of this section, takeimmediate steps reasonably calculated to safeguard life, health and property.
F. With the exception of designers requesting marking of a site, inaccordance with § 56-265.17, no person, including operators, shall requestmarking of a site through a notification center unless excavation shallcommence within thirty working days from the date of the originalnotification to the notification center. Except for counties, cities, andtowns, any person who willfully fails to comply with this subsection shall beliable to the operator for three times the cost of marking its utility line,not to exceed $1,000.
G. Any person performing excavation or demolition shall provide to theoperator of the underground utility line in the area of excavation or to theappropriate regulatory authority having jurisdiction, the number issued bythe notification center for that excavation site in response to theexcavator's notice, within one hour of a request for the number issued by thenotification center.
H. If an excavator discovers an unmarked line, the excavator shall protectthis line pursuant to subsection C of this section. An excavator shall notremove an abandoned line without first receiving authorization to do so bythe operator.
(1979, c. 291; 1994, c. 890; 1996, c. 79; 2002, c. 841.)
