1. (a)

   1. (1)

      1. (A) All operators of underground facilities shall become members of the One Call Center.
      2. (B) “Operator” means any public utility, as defined in Arkansas Code § 23-1-101, that owns or operates an underground facility and all municipality-owned or municipality-operated water, sewer, gas, or gas utilities owned or operated individually or by property owner associations, improvement districts, or property developers, serving in excess of one hundred (100) customers.
   2. (2) Certain operators may not be subject to the provisions of the Arkansas Underground Facilities Damage Prevention Act, Arkansas Code § 14-271-101 et seq., if an ordinance or formal resolution was adopted in accordance with Arkansas Code § 14-271-105.

2. (b)

   1. (1) The One Call Center is responsible for identifying all operators as defined in subsection (a) of this section.
   2. (2) The One Call Center shall provide written notice of membership requirements to any operator that is not a member.
3. (c) The One Call Center will report to the Arkansas Public Service Commission the names of all operators that fail to comply with subsection (a) of this section.

4. (d)

   1. (1) Other persons who own or control underground facilities or similar facilities may upon application become members of the One Call Center.
   2. (2) Membership shall be evidenced by participation in and payment for the services furnished by the One Call Center.

Codification Notes: This section was promulgated as Section 5 of the One Call Center Rules prior to codification into the Code of Arkansas Rules.