Excavator Manual


Section 1 – West Virginia Underground Facility Damage Prevention
Section 2 – Determining Who and When to Call
Section 3 – Responsibilities of The Facility Owner/Operator (After Receiving the Locate Request)
Section 4 – Responsibilities of the Excavator (After Making the Call)
Section 5 – Responsibilities of the One Call System (West Virginia 811)
Section 6 – Guidelines for Preparing to CallSection 7 – Fax-A-Locate
Section 8 – Email
Section 9 – Design Stage Ticket Request
Section 10 – WV 811 Website
Section 11 – Reporting Problems
Section 12 – Information Requests
Section 13 – Governing Structure
Section 14 – Associate Membership
Section 15 – West Virginia Chapter 24-C

Disclaimer of Liability

This manual has been prepared as an aid for anyone planning excavation or other earth disturbance activities. It is intended as a reference tool for interacting with the West Virginia 811, Inc. (WV 811) One Call Center. Neither WV 811 nor its vendor assumes any responsibility for the acts, omissions or conduct of any reader of this manual.

This manual is provided solely as a convenience for the person or persons requesting it, and it is not to be used as a legal reference document. Persons seeking a legal reference document should contact their legal representative.

This manual does not have a copyright. WV 811 recommends duplication of this manual, or additional copies may be obtained by writing:

West Virginia 811, Inc.

5608 MacCorkle Ave., SW
South Charleston, WV 25309

The contents of this manual are subject to change without notice.

Section1

West Virginia Underground Facility Damage Prevention

Effective July 15, 1996 (and modified June 8, 2006) Chapter 24-C, Underground Facility Damage Prevention Act became law. This statute is an effort to provide for public and worker safety in West Virginia by providing certain requirements before excavation and/or demolition work can take place near underground facilities. The law makes it a requirement to notify the state One Call System before any excavation or demolition activities are done. The law now provides for monetary penalties for non-compliance. The law is reprinted in this manual in its entirety for your reference and convenience (See Section XVI Chapter 24-C). This law is in addition to OSHA Regulations, 1926.651 General Requirements, which state that prior to any earth disturbance, utility companies or owners shall be notified.

Furthermore, the following federal regulation mandates notification of the One Call System before beginning work near interstate pipelines:

Title 49 United States Code

A person shall be fined under Title 18, imprisoned for not more than five years, or both, if the person knowingly and willfully engages in an excavation activity without first using an available One Call Notification System to establish the location of underground facilities in the excavation area; or without paying attention to appropriate location information or markings the operator of a pipeline facility establishes; and subsequently damages a pipeline facility that results in death, serious bodily harm, or actual damage to property of more than $50,000 or a hazardous liquid pipeline facility that results in the release of more than 50 barrels of product. Section 2

Determining Who and When to Call

The state law provides for the certification and operation of a statewide One Call System. West Virginia 811, Inc. (WV 811), in operation since 1981, meets all requirements to function in this capacity. Its purpose is to receive notification of proposed excavation, demolition or other earth disturbing activities from persons planning to do such work. WV 811 will relay this information to member owners/operators of underground facilities in order for them to determine the location of and mark their facilities. Damage to underground facilities is prevented, the general safety of the public is maintained and unnecessary lost time is avoided by the excavator. WV 811 can be contacted 24 hours a day, seven days a week by calling toll free 811 or 1-800-245-4848. Notification for routine tickets can also be made by fax, email or using WV 811 provided software. Whenever possible, it is best to call between 7AM and 5PM, Monday through Friday. Notification of proposed excavation, demolition, or any other earth disturbing activities are required to be placed to WV 811 not less than 48 business hours before any such work is to begin. A notification shall not be made more than 10 business working days in advance of the beginning of any such work due to the possible deterioration of the locate markings. Failure to make the required notification may result in a misdemeanor and up to $5,000.00 in fines. The time requirements are exclusive of Saturdays, Sundays and legal holidays.

There are exemptions to making notification for certain types of excavation or demolition. They are:

•  Underground or surface mining operations or related activities
•  Tilling the soil for agricultural purposes and domestic gardening
•  Routine maintenance of paved public roads by governmental entities where all work is done on the traveled portion of the paved public way and excavation depth is not more than 12 inches from the top of the pavement (While such work is not subject to the notification requirements of the law, care should be taken as liability may result from any damages resulting from such activities.)

It must be remembered that WV 811 is not responsible for the actual marking of facilities. WV 811 receives information from the excavator and relays it to the affected member underground facility owners/operators. Each facility owner/operator is responsible for ensuring that its facilities are properly marked. Privately installed lines by property owners are their responsibility and may not be marked by our members.

Section 3

Responsibilities of The Facility Owner/Operator
(After Receiving the Locate Request)

In West Virginia, underground facility operators must belong to the One Call System except for:

•  Privately owned public water utilities regulated by the Public Service Commission
•  State Agencies
•  Municipalities or Counties
•  Municipal or County Agencies
•  Underground pipeline facilities not under the jurisdiction of the Federal Energy Regulatory Commission

*Owner/operators of these exempt facilities may be voluntary members

Each member must provide the One Call System with its name, address and telephone number and the location of its underground facilities. Any changes to this information must be revised not more than180 days after the change.

Upon receiving notification of a locate request for excavation or demolition work from the One Call System, members must mark the facilities in the work area within 48 hours, excluding Saturday, Sundays and legal holidays. The members shall mark their facilities within two feet horizontally from the outside walls of such facilities using the color code stated in Section 24C-1-6 (standard color code for temporary markings). The type of facility must also be given.

It is recommended that the following symbols be used:

E    Electric Power

ST  Steam

TE  Telephone

TV  Cable TV

G    Gas

FA  Fire Alarm

S    Sewer

TC  Traffic Control

W   Water

CH  Chemical

PP  Petroleum Products

SS  Storm Sewer

HZ  Hazardous Pipelines

Any members who have no underground facilities at the work area must notify the party requesting the locate of this. This notification

will be made by the one call center to a contact point provided by the party when the locate request was made.

Underground facility owners/operators who fail to comply with the provisions of the law may not prevent excavation or demolition work from proceeding. This failure to comply shall bar the facility owner/operator form recovering any cost of damage resulting from such failure, except damage caused by the willful or intentional act of the excavator. Recovery for damages resulting from underground facility owners responding to a notification and unable to accurately locate their facilities electronically, shall be determined by common law.

Liability for damages occurring to underground facilities owned by an operator who is not required to be a member, and who is not a member of the One Call System at the time of damage, shall be determined solely by common law and cannot use the provisions of Chapter 24-C.

Section 4

Responsibilities of The Excavator
(After Making the Call)

Notifying WV 811 and providing required information is only the first step in the locating process. There are several other responsibilities which need to be considered to comply with state and federal laws.

When possible, use white markings to designate a proposed excavation site. It is recommended that survey markings be made using tile color pink. Following these guidelines helps to prevent confusion at work sites. Identifying markings of underground facilities at work sites must be protected and preserved.

Excavators must instruct all equipment operators involved with the intended work to perform in a manner which will avoid damage to underground facilities, including hand digging when necessary. Proper clearance must be maintained between the cutting edge or point of any powered equipment and underground facilities.

Underground facilities exposed during excavation or demolition work must be adequately supported at the work site and during backfilling operations for the protection of the facilities.

Any damage, leak or break caused or discovered by an excavator at the work site must be reported to WV 811 within 24 hrs. If the damage results in an emergency situation, the public must also be alerted, and you must immediately report any damage caused or found that creates an emergency to the appropriate medical, law-enforcement and fire prevention authorities (calling 911, if available, meets the requirement).

Upon such damage being discovered or caused, excavation or demolition work in the immediate area shall be discontinued until the facility operator has reasonable time to accomplish repairs.

If proper notification has been given and the excavation start date and time has arrived as reported, the excavator may proceed with caution. When one underground facility owner/operator indicates there are no facilities in conflict with a specific excavation, the excavator must realize that this does not mean that WV 811 has cleared the site; nor does it mean that other facilities are not present at that location. Excavators are reminded not to begin excavation until all underground facilities have been marked, including those that might be operated by facility owners/operators not having membership in WV 811, and therefore, not notified of the excavation by WV 811.

WV 811 must also be notified, as soon as reasonably practical of excavations necessary to address an emergency. An emergency is defined as any condition which endangers life, health or property as specified in Chapter 24-C. These notifications are given top priority and, upon receipt of such notification, member underground facility owner/operators of WV 811 will mark their facilities at the site as soon as practical. Extreme care must be taken to avoid damaging other underground facilities that may be in the area since excavation activity during emergency conditions normally begins before adequate time has been allowed for locating and marking of other facilities.

Should a person involved in excavation or demolition work fail to comply with the provisions of the state law and this failure results in damages to facilities owned/operated by members of WV 811, that person shall be held liable for the total cost to repair the damage as computed by the underground facility owner/operator in accordance with Chapter 24-C. If any excavation or demolition causes damage to any other person or property, the liability of the person causing damage shall be determined by common law. Any person who fails to notify the One Call System prior to performing any excavation or demolition, or fails to follow the provisions for reporting damages, or who fails to fulfill any other duties and responsibilities of an excavator, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000.00.

Section 5

Responsibilities of the One Call System
(West Virginia 811, Inc.)

Excavators can fax, email or use software to input their locate requests using approved means available through WV 811.

In rare instances, WV 811 may not have a record of an underground facility in the area of the intended work and therefore will not give the name of the owner/operator for this notification. This occurs due to new installations or changes and the data is in the process of being placed in the computer data bank. Should this happen and the caller is certain that a member has a facility in the area of the intended work, the caller may have the One Call System operator manually notify that member of this request.

Notification of excavation or demolition activities may be made to WV 811 by any means that provide at least 48 hours and not more than ten days’ notice, excluding Saturdays, Sundays and legal holidays. While making a phone call to the One Call System is the most common method, other communication means may be used. Excavators can fax, email or use software to input their locate requests using approved means available through WV 811. The use of fax, email or software is limited to routine requests and cannot be used for short notices, emergencies or dig-ups.

Using WV 811 to notify underground utility owner/operator members of intended excavation or demolition work or emergencies is free of charge. All notifications of WV 811 are made using toll-free phone numbers and there is no charge for either making the call or for the members to locate their facilities. The cost of this service is borne by the members of WV 811 and is provided at no cost to anyone notifying the One Call System of intended excavating or demolition work activity.

WV 811 can also provide a free safety program on the One Call System. The program is approximately 30 minutes in duration and is suitable for anyone engaged in excavation activities. Interested persons can call 304-345-3959 for more information or to arrange for the program.

Section 6

Guidelines For Preparing to Call West Virginia 811, Inc.

The West Virginia 811, Inc. call center is open 24 hrs. a day, 365 days a year and all calls to WV 811 are tape recorded. The WV 811 telephone answering attendants are trained to obtain specific information concerning locate requests. The answering attendants enter Information into a computer terminal, therefore the order of questions are preset. There is a specific reason for each question asked which are explained in this section.

Locate request processing is simple if the caller is prepared to answer all questions with information that is as detailed and precise as possible. This limits unnecessary call backs from WV 811 members. Preparation is the key for your call to go as quickly and efficiently as possible. The best way to prepare to make a call to WV 811 is to complete a copy of the work information sheet as shown on the inside of the back cover of this pamphlet.

1. Caller’s Name. The caller’s first and last names are taken in order to maintain a record of all locate requests. This information is also helpful in the event it is necessary for a facility owner/operator to contact someone for additional information.

2. Telephone Number. The telephone number (including area code) of the caller is taken in case additional information is required at a later time by WV 811 members. This number is also used to activate computer databases, which can fill in the answers to questions 3, 4, 5, 6 & 18, which saves the caller additional time. The attendant will read back this information for verification.

3. Fax Number. If applicable, provide this information.

4. Not Involved Response. WV 811 members must notify callers if they have no facilities at the work site. The caller will be asked If they would like this response or not. If they do, they will be asked how they wish to receive it, which can be to phone, fax or email.

5. Business Mailing Address. The mailing address of the caller’s company address and not to be confused with the excavation site address. This is recorded in order to maintain the computer database and a mailing list which may be utilized to notify excavators of information pertaining to WV 811 on a periodic basis. This information will not be used for any other reason.

6. Work Date and Time. It is very important not to begin your excavation or demolition work prior to the stated date and time. Notices of not less than 48 business hours nor more than 10 business days, exclusive of Saturdays, Sundays, state & federal holidays are required by Chapter 24-C.

*Answers to questions 7 through 13 should be as detailed as possible. This information is used to determine which members will be notified for your work site.

7. County and Town/Community. The county and town/community (or nearest town in the county) where the work is to be performed.

8. In or Out of the Town Corporate Limits. The excavation work is going to take place inside or outside of the town limits; the work will be both inside and outside the town limits; or you are not sure or don’t know.

9. Work Site Address. This is the site where the excavation is to take place.

10. Nearest Intersection or Cross Street/Road. This information helps to pinpoint where the job site is if within a town or city. Also provide distance and direction from intersection.

11. Longitude, Latitude. If available, WV 811 map grids may be given. WV 811 grid maps can be ordered through our website (www.muwv.org) or by calling 412-415-5093. Longitude and latitude points may also be used if known. If readings are obtained from GPS units, make certain the GPS units are performing accurately.

12 & 13. Length, Direction and Depth of Excavation. This information helps to determine the extent of your work and is meaningful since lengthy excavations (e.g. installing a two-mile gas line) may involve more underground utilities than single site excavations (e.g. excavating for a basement, drilling a well, etc.) Length can be given in feet, yards or miles. It is important to remember to call 48 business hours before you dig but not more than 10 business days in advance of your dig date. Once the buried facilities are identified and marked by our members it becomes the responsibility of the excavator to maintain the integrity of the marked facilities. Work of an excavator covering great distances must consider how the contractor can maintain the integrity of the marked facilities. Consideration should be given to dividing tile work into sections, calling 48 hours before the start of each section. Direction is given in main compass points (e.g. North, East, Southwest, etc.) from the beginning of the work site.This applies to excavations of length more so than single site excavations. Depth of excavation helps our members to determine if they my have to provide more than just marking their lines (e.g. determine depth of the lines, have locator onsite, etc.)

14. Is Work Site Marked with White Markings? When possible, mark the work site with white markings. This will provide the exact location where WV 811 members need to mark their underground facilities.

15. Blasting. Tile caller will be asked if blasting will occur.

16. Type of Work. Field locators need to know the specific purpose of the excavation. Detailed Information is requested. For example: “Installation of a sanitary sewer lateral” is much more helpful than “Digging for a sewer line.”

17. Street, Sidewalk, Private Property or Other. If other, the caller will be asked to specify where the work will take place (e.g. road shoulder, highway right-of-way, etc.)

18. Work Being Done For Whom. The identification of whom the work is being performed for is another source for obtaining additional information, such as a more definitive location, about the project. The customer’s name or property owner’s name is sufficient.

19. Contact Name and Phone Number. The person to contact in case additional information is needed concerning the project. This can be different from the information given for questions 1 and 2. When available supply alternate contract information. (i.e. mobile phone, pager number, etc…).

20. Alternate Contact. When available provide alternate contact information (i.e. mobile phone, pager number, etc…).

21. Remarks. The caller may wish to give additional information (e.g. driving instructions, land marks, meeting requests, etc.) pertaining to the locate request. Detailed information of exact excavation site is particularly helpful.

22. Members Notified. Identity of WV 811 members notified will be provided to the caller.

23. Serial Number. An identification number associated with the call for future reference if needed.

Section 7

Fax-A-Locate

Excavators may make routine 48 hour locate requests and receive information by fax. This procedure can take the place of making phone calls to the one call center. The faxes are sent to WV 811 on an 800 number and replies to such requests will be faxed back to the originator with the serial number of the request and the names of the members notified. This is a free service. Visit wv811.com for more information.

Section 8

Email

Excavators may originate routine 48 hour locate requests and receive information by email. This procedure eliminates the need to phone calls WV 811’s call center. Confirmation to email locate requests will occur within a two-hour period providing a serial number of the request and the names of WV 811 members notified. This is a free service. Visit wv811.com for more information.

Section 9

Design Stage Inquiry

When planning for a future project (normally 20 or more days from the present date), it may be useful to know if underground facilities are present at the proposed project site in order to determine what effect, if any, such facilities will have on the project. This information is also useful when doing land surveys. When calling, please inform the WV 811 operator that “This is a Design Stage Inquiry”. After giving the operator the necessary information, WV 811 will fax or mail a list of contact numbers for the members in the area of your project. You are responsible for contacting these members.

Since underground facilities will not be marked at this time, another call must be made to WV 811 prior to the beginning of excavation or other earth disturbances, to assure that lines will be marked at the project site.

Section 10

WV 811 Website

Additional West Virginia 811 information can now be found at our website www.wv811.com. Organization structure, email forms and frequently asked questions and answers are some of the items found at our site. Callers can view WV 811 members by county. Visit the site for a better view of WV 811.

Section 11

Reporting Problems

There are circumstances when an excavator may encounter problems during the locating process. WV 811 can and will assist in the resolution of such problems if possible. The following are example of the more commonly experienced problems and a brief description of the proper procedures to follow.

1. Correcting Errors. If at any time it is discovered that incorrect information was provided to WV 811, callers should notify WV 811 as soon as possible. Answering attendant will assist the caller in making corrections, depending on the circumstances. Corrections to a “Locate Request” message will only be accepted from callers working for the same company which originated the “Locate Request.” In other words, a subcontractor may not change information on a “Locate Request” filed by the general contractor.

2. Repeated Failure to Locate Facilities Prior to the Start Date.
If a member of WV 811 consistently fails to mark facilities prior to the proposed start date, the excavator should discuss this problem with the owner/operator of the facility in an effort to correct this. If no improvement is realized, a complaint can be filed with WV 811. The Board of Directors/Operating Committee will investigate the problem and assist in seeking a solution.

Section 12

Information Requests

WV 811 records all conversations which pertain to locate requests and dig-up notifications. Voice recordings are kept for a five year period.
A hard copy printout of each message is also maintained for a period of seven years.

In the event a contractor or a facility owner/operator is involved in a legal action, WV 811 can be of assistance in providing copies of these records. In some cases, there may be a fee charged for record retrieval.

WV 811 employs various methods of searching for these records. The most efficient method of retrieving a file is through the use of the “locate request” serial number.

Section 13

Governing Structure

West Virginia 811, Inc. (WV 811) is a not-for-profit corporation incorporated under the Statutes of the State of West Virginia. Membership is open to all owners/operators of underground facilities who agree to abide by WV 811’s Articles of Incorporation, By-Laws and Operating Agreement with the One Call Center vendor.

Section 14

Associate Membership

Excavators, locating services and other parties who share the goals of WV 811 may join as Associate Members for a nominal fee. Information on Associate Membership may be obtained by contacting:

West Virginia 811, Inc.
5608 MacCorkle Ave. S.W.
South Charleston, WV 25309
(304) 345-3959

Section 15

Chapter 24C. Underground Facilities Damage Prevention.

ARTICLE 1. ONE CALL SYSTEM.

24C-1-1. Purpose. It is hereby declared to be the purpose and policy of the Legislature in enacting this article to enhance the safety of the citizens of this state and to provide increased protection to underground facilities and by persons engaged in excavation or demolition in the vicinity of underground facilities.

24C-1-2. Definitions. As used in this chapter, unless the context clearly requires a different meaning:

A. “Damage” means any impact or contact with or weakening of the support for an underground facility, its appurtenances, protective casing, coating or housing, which, according to the operation practices of the operator or state or federal regulation, requires repair.

B. “Demolish” or “demolition” means any operation by which a structure or mass of material is wrecked, razed, rendered, moved, or removed by means of any tools, equipment or discharge of explosives which could damage underground facilities: provided that “demolish” and “demolition” do not include earth-disturbing activities authorized pursuant to the provisions of article three, chapter twenty-two of this code or article two, chapter twenty-two-a of this code.

C. “Emergency” means:

(1) A condition constituting a clear and present danger to life, health or property by reason of escaping toxic, corrosive or explosive product, oil or oil-gas or natural gas hydrocarbon product, exposed wires or other breaks or defects in an underground facility; or

(2) A condition that requires immediate correction to assure continuity of services provided by or through an underground facility.

D. “Equipment operator” means any individual in physical control of powered equipment or explosives when being used to perform excavation work or demolition work.

E. “Excavate” or “excavation” means any operation in which earth, rock or other material in the ground is moves, removed or otherwise displaced by means of any tools, equipment or explosives, and includes, without limitation, grading, trenching, digging, ditching, dredging, drilling, auguring, tunneling, moleing, scraping, cable or pipe plowing and driving, wrecking, razing, rendering moving or removing any structure or mass of material, but does not include underground or surface mining operations or related activities or the tiling of soil for agricultural purposes or for domestic gardening. Further, for purposes of this article, the terms “excavate” and “excavation” do not include routine maintenance of paved public roads or highways by employees of state, county or municipal entities or authorities which:

(1) Perform all work within the confines of the traveled portion of the paved public way; and

(2) Do not excavate to a depth greater than 12 inches measured from the top of the paved road surface.

F. “Excavator” means any person intending to engage or engaged in excavation or demolition work.

G. “Member” means a member of a One Call System as authorized by this article.

H. “One Call System” means a communication system that receives notification from excavators of intended excavation work and prepares and transmits such notification to operators of underground facilities in accordance with this article.

I. “Operator” means any person who owns or operates an underground facility used in the providing or transmission of any of the goods or services described in subsection (1) of this section.

J. “Person” means any individual, firm, join venture, partnership. corporation, association, state agency, county. municipality. cooperative association or joint stock association, and any trustee, receiver, assignee, agency or personal representative thereof.

K. “Powered equipment” means any equipment energized by an engine, motor or hydraulic, pneumatic or electrical device and used in excavation or demolition work.

L. “Underground facility” means any underground pipeline facility, owned by a utility and regulated by the public service commission, which is used in the transportation or distribution of gas, oil or a hazardous liquid; any underground pipeline facility, owned by a company subject to the jurisdiction of the Federal Energy Regulatory Commission, which is used in the gathering, transportation or distribution of gas, oil or a hazardous liquid; any underground facility used as a water main. storm sewer. sanitary sewer or steam line; any underground facility used for electrical power transmission or distribution; any underground cable, conductor, waveguide, glass fiber or facility used to transport telecommunications, optical, radio, telemetry, television, or other similar transmissions, and any facility used in connection with any of the foregoing facilities on bridge, a pole or other span, or on the surface of the ground, any appur10ance, device. cathodic protection system, conduit, protective casing or housing used in connection with any of the foregoing facilities: provided that “underground facility” does not include underground or surface coal mine operations.

M. “Workday” means any day except Saturday, Sunday or a federal or state legal holiday.

N. “Work site” means the location of excavation or demolition work as described by an excavator, operator, or person or persons performing the work.

24C-1-3. Duties and Responsibilities of Operators of Underground Facilities; Failure of Operator to Comply.
A. Each operator of an underground facility in this state, except any privately owned public water utility regulated by the public service commission, any stale agency, any municipality or county, or any municipal or county agency, shall be a member of a One Call System for the area in which the underground facility is located. Privately owned public water utilities regulated by the public service commission, state agencies, municipalities and counties and municipal and county agencies may be voluntary members of such a One Call System.

B. Each member shall provide the following information to the One Call System on forms developed and provided for that purpose by the One Call System:

(1) The name of the member;

(2) The geographic location of the member’s underground facilities as prescribed by the One Call System; and

(3) The member’s office address and telephone number to which inquiries may be directed as to the locations of the
operator’s underground facilities.

C. Each member shall revise in writing the information required by subsection (b) of this section as soon as reasonably practicable, but not to exceed 180 days, after any change.

D. Within 48 hours, excluding Saturdays, Sundays and legal federal or state holidays, after receipt of a notification by the One Call System from an excavator of a specific area where excavation
or demolition will be performed, the operator at underground facilities shall:

(1) Respond to such notification by providing to the excavator the approximate location, within two feet horizontally from the outside walls of such facilities, and type of underground facilities at the site; and

(2) Use the color code prescribed in section six of this article when providing temporary marking of the approximate location of underground facilities; or

(3) Notify the excavator that the operator did not leave a temporary marking of the location of underground facilities because there are no lines in the area of the proposed excavation or demolition.

E. Failure of an operator who is required to be a member to comply with the provisions of this article may not prevent the excavator from proceeding but shall bar the operator from recovery of any costs associated with damage to its underground facilities resulting from such failure, except for damage caused by the willful or intentional act of the excavator.

F. Notwithstanding the provisions of subsection (e) of this section, such a member is not barred from recovery under subsection (e) for failure to comply with subdivision (1), subsection (d) of this section, but shall have his or her right to recover, if any, determined by common law, if the operator responded to one-call notification in a timely manner, but was unable to accurately locate lines because such lines were nonmetallic and had no locating wire or other marker.

24C-1-4. Qualifications for Certification and Responsibilities
of a One Call System.

A. In order to qualify for certification as a One Call System under the provisions of this article, a One Call System shall be operated on a not-for-profit basis but may be operated by anyone or more of the following:

(1) A person who operates underground facilities;

(2) A private contractor;

(3) A state or local government agency; or

(4) A person with is otherwise eligible under state or federal law to operate a One Call System.

B. A One Call System which complies with the requirements set forth in subsection (a) of this section shall be certified by the public service commission for the area in which it will conduct operations prior to commencing such operations: provided that any One Call System in operation prior to the first day of January, 1996, may not be required to be so certified. The public service commission shall certify a One Call System where the public interest so require and when such system complies with the provisions of this article.

C. A One Call System operating under the provisions of this article shall:

(1) Receive and record information from excavators about intended excavation or demolition activities;

(2) Promptly transmit to its affected members the information received from excavators about intended excavation or demolition;

(3) Maintain a record of each notice of intent to engage in excavation or demolition. provided pursuant to the requirements of section five of this article;

(4) Upon receipt of notification of intended excavation or demolition from an excavator, inform the person making such notification of the names of all members having underground facilities in the vicinity of the intended       work site; and

(5) Assign a serial number for each notification received from an excavator and provide that serial number to both the excavator and affected members.

§24C-1-5. Duties and Responsibilities of Excavators; Failure of
Excavator to Comply.

A. Except as provided in section seven of this article, any person who intends to perform excavation or demolition work shall:

(1) Not less than 48 hours, excluding Saturdays, Sundays and legal federal or state holidays, nor more than 10 work days prior to the beginning of such work, notify the One Call System of the intended excavation or demolition and provide the following information:

(a) Name of the individual making the notification;

(b) Company name;

(c) Telephone number;

(d) Company address;

(e) Work site location; including county, nearest city or town, street location. nearest cross street and landmarks or other location information;

(f) Work to be performed;

(g) Whether or not use of explosives is planned;

(h) Name and telephone number of individual to contact; and

(i) Starting date and time.

(2) Notify the One Call System not less than 24 hours, excluding Saturdays, Sundays and federal or state holidays, in advance of any change in the starling date or time of the intended work; and

(3) Instruct each such equipment operator involved in the intended work:

(a) To perform all excavation or demolition work in such as manner as to avoid damage to underground facilities in the vicinity of the intended work site, including hand digging, when necessary; (b) To report immediately any break or leak in underground facilities, or any dent, gouge, groove or other damage to such facilities, made or discovered in the course of the excavation or demolition, and to allow the operator a reasonable time to accomplish necessary repair before continuing the excavationor demolition in the immediate area of such facilities;

(c) To immediately alert the public at or near the work site as to any emergency created or discovered at or near such work site;

(d) {i} To report immediately to the appropriate medical, law-enforcement and fire prevention authorities any break or leak in underground facilities, or any dent, gouge, groove or other damage to such facilities, made or in the course of the excavation or demolition which creates an “emergency’ as defined in subdivision (1), subsection (C), section two of this article. For purposes of this subdivision, an excavator calling the “911” emergency telephone number satisfies this requirement;

(d) {ii} To notify the One Call System, within 24 hours, of any break or leak in underground facilities, or any dent, gouge, groove or other damage to such facilities, made or in the course of the excavation or demolition which does not create an “emergency” as defined in subdivision (1), subsection (c), section two of this article. limited by reason of this article.

(e) To maintain a clearance between each underground facility and the cutting edge or point of any powered equipment, taking into account the known limit of control of such culling edge or point, as may be reasonably necessary for the protection of such facility;

(f) To protect and preserve markers, stakes and other designations identifying the location of underground facilities at the work site; and (g) To provide such support for underground facilities in the

location of the work site, including during backfilling operations, as may be reasonably necessary for the protection of such facilities. Temporary support and backfill shall provide support for such facilities at least equivalent to the previously existing support.

B. If any underground facility is damaged by a person who has failed to comply with any provision this section, that person is liable to the operator of the underground facility for the total cost to repair the damage in an amount equal to that as is normally computed by the operator, provided that the operator:

(1) Is a member at the One Call System covering the area in which the damage to the facility takes place; and

(2) Upon receiving the proper notice in accordance with this article. has complied with the provisions of section three of this article: provided that a member is not barred from recovering costs solely for its own failure to comply with subdivision (1) subsection (d) of said section three, but shall have his or her right to recover, if any, determined by common law, if the conditions of subsection (f) of said section three are met.

The liability of such person for such damage is not limited by reason of this article.

C. If any excavation or demolition causes damage to any underground facilities owned by an operator who is not required to be a member of a One Call System, and who is not a member of such a system at the time of damage, the liability of the person causing such damage shall be determined solely by applicable principles of common law.

D. If any excavation or demolition causes damage to any other person or properly, the liability of the person causing damage shall be determined solely by applicable principles of common law.

E. Any person who fails to notify the One Call System prior to performing any excavation or demolition, or fails to follow the reporting provisions of this section, or who violates any other provision of  this section. shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000.00.

F. Nothing in this chapter may be construed to restrict or expand the rights, duties and liabilities provided in common law or by other provisions of this code of all operator who is not required to be a member of a One Call System and who is not a member of such a system.

§24C-1-6. Standard Color Code for Temporary Markings.
Temporary marking provided by operators and excavators to indicate the approximate location of underground facilities and work site boundaries shall utilize the following color code:

Facility Type & Identifying Color

•  Electrical power distribution and transmission (Safety Red)
•  Municipal electric systems (Safety Red)
•  Gas distribution and transmission (High Visibility Safety Yellow)
•  Oil and petroleum transmission (High Visibility Safety Yellow)
•  Dangerous materials, product lines and steam lines
(High Visibility Safety Yellow)
•  Telephone and telegraph systems (Safety Alert Orange)
•  Police and fire communications (Safety Alert Orange)
•  Cable television (Safety Alert Orange)
•  Water systems (Safety Precaution Blue)
•  Slurry systems (Safety Precaution Blue)
•  Sewer systems (Safety Green)
•  Proposed excavations (White)

§24C-1-7. Exceptions During Emergencies.
A. Compliance with tile notification requirements of section five of this article is not required of any person engaging in excavation or demolition in the event of an emergency: provided that the person gives oral notification of the emergency work as soon as reasonably practicable to the One Call System.

B. During any emergency, excavation or demolition may begin immediately: provided, that reasonable precautions are taken to protect underground facilities: provided, however, that such precautions may not serve to relieve the excavator from liability for damage to underground facilities. The One Call System shall accept all emergency notifications and shall provide immediate notice to the affected members and indicate the emergency nature of the notice.

§24C-1-8. Construction; Sovereign Immunity.
A. This article shall be liberally construed so as to effectuate the public policy set forth in section one of this article.

B. Nothing in this article may be construed as imposing liability upon a state agency from which the agency is otherwise immune.