Notice of excavator, form of — written record maintained — incorrect location of facility, duty of excavator
Effective Aug 28, 1991(L. 1991 S.B. 214 & 264)
Viewing an earlier version · effective Aug 28, 1991View current - 1. An excavator shall serve notice of intent to excavate to the notification center by toll-free telephone number operated on a twenty-four hour per day, seven day per week basis or to individual nonparticipant owners or operators at least two full working days, but not more than ten working days, before commencing the excavation activity. The notification center receiving such notice shall inform the excavator of all owners, operators and other persons to whom such notice will be transmitted and shall promptly transmit such notice to every public utility, municipal corporation and all persons owning or operating an underground facility in the area of excavation and which are participants in and have registered their locations with the notification center.
- 2. Each notice of intent to excavate given hereunder shall contain the name, address and telephone number of the person filing the notice of intent, the name, address and telephone number of the excavator, the date the excavation activity is to commence, the depth of planned excavation and, if applicable, that the use of explosives is anticipated on the excavation site, and the type of excavation being planned, including whether the excavation involves tunneling or horizontal boring. The notice shall also specify the location of the excavation by any one or more of the following means: by reference to a specific street address, or by reference to platted lot number of record, or by reference to specific quarter section, and shall state whether excavation is to take place within the city limits.
- 3. A written record of each notice of intent to excavate shall be maintained by the notification center or nonmember owner or operator receiving direct notifications for a period of five years. The record shall include the date the notice was received and all information required by subsection 2 of this section which was provided by the excavator. If the recipient creates a record of the notice by computer or telephonic recording, such record of the original notice shall be maintained for one year from the date of receipt. Persons holding records of notices of intent to excavate and records of information provided to the excavator by the notification center or owner or operator of the facility, shall make copies of such records available for a reasonable copying fee upon the request of the owner or operator of the underground facilities or the excavator filing the notice.
- 4. If in the course of excavation the person responsible for the excavation operations discovers that the owner or operator of the underground facility has incorrectly located the underground facility, he shall notify the owner or operator. The person responsible for maintaining records of the location of underground facilities for the owner or operator shall correct such records to show the actual location of such facilities, if current records are incorrect.
- 5. Notwithstanding the fact that a project is a preengineered project or a permitted project, excavators connected therewith shall be required to give notification in accordance with this section prior to commencement of construction or excavation, whichever event first occurs.
(L. 1991 S.B. 214 & 264)