Waiver and Release of Homeowner by Contractor Texas

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					                                              Compliance Task Team Research State Statutes


                          Alabama                                Alaska                   Arizona              Arkansas
Definitions    State Code 299                       330                                             State Code 14-271


Approximate    Information about an operator's
Location       underground facilities which is
               provided to a person by an
               operator and must be accurate
               to within 18 inches measured
               horizontally from the outside
               edge of each side of such
               operator's facility, or a strip of
               land eighteen inches either side
               of the operator's field mark or
               the marked width of the facility
               plus eighteen inches on each
               side of the marked width of the
               facility.


Business Day   A 24 hour period-commencing "Working Day" - a day on which                           Working Day - every day, except
               from the time of receipt of-the an underground facility operator                     Saturday, Sunday, and national
               notification, excluding          is open for regular business.                       and legal state holidays.
               Saturday, Sunday and the
               following nine holidays: New
               Year's Day, Memorial Day
               (observed), Independence Day,
               Labor Day, Veterans Day,
               Thanksgiving Day, the Friday
               following Thanksgiving Day,
               Christmas Eve, and Christmas
               Day. When any of these
               holidays occur on a Saturday, it
               will be observed on the
               preceeding Friday and when
               any of these holidays occur on
               a Sunday, it will be observed
               on the following Monday.


Damage         The substantial weakening of         (A) substantial weakening of                    The substantial weakening of
               structural or lateral support of     structural or lateral support of an             structural or lateral support of
               an underground facility,             underground facility; (B)                       underground facilities, the
               penetration or destruction of        penetration, impairment, or                     penetration or destruction of any
               any underground facility's           destruction of any underground                  protective coating, housing, or
               protective coating, housing or       protective coating, housing, or                 other protective device of
               other protective device, and the     other protective device; and (C)                underground facilities, the partial
               severance (partial or complete)      the partial or complete severance               or complete severance of an
               of any underground facility, but     of an underground facility to the               underground facility, and the
               does not apply to any operator's     extent that the project owner or                rendering of any underground
               abandoned underground                facility operator determines that               facility inaccessible.
               facility.                            repairs are required.




Demolation     Any operation by which a                                                             Any operation by which a
               structure or mass of material is                                                     structure or mass of material is
               wrecked, razed, rendered,                                                            wrecked, razed, rendered, moved,
               moved or removed by means of                                                         or removed by means of any
               any tools, equipment or                                                              powered tools, powered
               explosives.                                                                          equipment, exclusive of
                                                                                                    transportation equipment, or
                                                                                                    discharge explosives.




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                                             Compliance Task Team Research State Statutes


                         California                            Colorado                            Connecticut                             Florida
Definitions    State Code 4216                      State Code 9-5.5-102                                                       Underground Facilities Damage
                                                                                                                               Prevention & Safety Act 556.102

Approximate    “A strip of land not more than 24                                         A strip of land not more than
Location       inches on either side of the                                              three feet wide or a strip of land
               exterior surface of the subsurface                                        extending not more than one and
               installation. Approximate                                                 one-half feet on either side of the
               location does not mean depth.”                                            underground facilities.




Business Day                                                                                                                   “Monday through Friday,
                                                                                                                               excluding the following holidays:
                                                                                                                               New Year's Day, Birthday of Dr.
                                                                                                                               Martin Luther King, Jr.,
                                                                                                                               Memorial Day, Independence
                                                                                                                               Day, Labor Day, Thanksgiving
                                                                                                                               Day and the following Friday,
                                                                                                                               Christmas Eve, and Christmas
                                                                                                                               Day. Any such holiday that falls
                                                                                                                               on a Saturday shall be observed
                                                                                                                               on the preceding Friday. Any
                                                                                                                               such holiday that falls on a
                                                                                                                               Sunday shall be observed on the
                                                                                                                               following Monday. “

                                                                                                                               Business hours – “the hours of a
                                                                                                                               day during which the toll-free
                                                                                                                               telephone number is answered by
                                                                                                                               a natural person.”
Damage                                              "The penetration or destruction of   Includes but is not limited to the    “Any impact upon or contact
                                                    any protective coating, housing,     substantial weakening of              with, including, without
                                                    or other protective device of an     structural or lateral support of a    limitation, penetrating, striking,
                                                    underground facility, the partial    utility line, penetration or          scraping, displacing, or denting,
                                                    or complete severance of an          destruction of any utility line       however slight, the protective
                                                    underground facility, or the         protective coating, housing or        coating, housing, or other
                                                    rendering of any underground         other protective device or the        protective devices of any
                                                    facility inaccessible.”              severance, partial or complete, of    underground facility, or the
                                                                                         any utility line and "contact"        removal or weakening of any
                                                                                         includes, without limitation, the     lateral or vertical support from
                                                                                         striking, scraping or denting,        any underground facility, or the
                                                                                         however slight, of any                severance, partial or complete, of
                                                                                         underground utility facility          any underground facility.”
                                                                                         including any underground utility
                                                                                         line protective coating, housing
                                                                                         or other protective device, or any
                                                                                         significant weakening or
                                                                                         disturbance of the structural or
                                                                                         lateral support of any
                                                                                         underground utility facility.
Demolation                                                                               The wrecking, razing, rending,        “Any operation by which a
                                                                                         moving or removing of any             structure or mass of material is
                                                                                         structure.                            wrecked, razed, rended, moved,
                                                                                                                               or removed by means of any tool,
                                                                                                                               equipment, or discharge of
                                                                                                                               explosives, or any disturbance of
                                                                                                                               the earth in any manner on public
                                                                                                                               or private lands which could
                                                                                                                               damage any underground
                                                                                                                               facility."




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                           Georgia                              Idaho                   Illinois   Indiana
Definitions


Approximate                                       Reasonable Accuracy - "Location
Location                                          within twenty-four (24) inches
                                                  horizontally of the outside
                                                  dimensions of each side of an
                                                  underground facility."




Business Day   Monday through Friday             Any day other than Saturday,
               excluding the following holidays, Sunday, or legal, local, state, or
               New Year's Day, birthday of       federal holiday.
               MLK, Jr. Memorial Day,
               Independence Day, Labor Day,
               Thanksgiving Day, and the
               following Friday, Christmas Eve,
               and Christmas Day. Any such
               holiday that falls on a Saturday
               shall be observed on the
               preceding Friday. Any such
               holiday that falls on a Sunday
               shall be observed on the
               following Monday.

               Business Hours - 7:00 am to 4:30
               pm local time on business days.



Damage                                            The substantial weakening of
                                                  structural or lateral support of an
                                                  underground facility, penetration,
                                                  impairment, or destruction of any
                                                  underground protective coating,
                                                  housing, or other protective
                                                  device, or the severance, partial
                                                  or complete, of any underground
                                                  facility to the extent that the
                                                  project owner or the affected
                                                  underground facility owner
                                                  determines that repairs are
                                                  required.




Demolation




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                             Iowa                               Kansas                              Kentucky                    Louisiana
Definitions


Approximate                                         Tolerance Zone - The area within     For underground metallic
Location                                            24 inches of the outside             facilities and underground non-
                                                    dimensions in all horizontal         metallic facilities with metallic
                                                    directions of an underground         tracer wire, a distance not to
                                                    facility.                            exceed the combined width of the
                                                                                         underground facility plus
                                                                                         eighteen inches measured from
                                                                                         the outer edge of each side of the
                                                                                         underground facility;

                                                                                         For non-metallic facilities without
                                                                                         metallic tracer wire, the
                                                                                         underground facility shall be
                                                                                         located as accurately as possible
                                                                                         from field location records.

Business Day                                        Working Day - Every day except       8 am to 5 pm every day except
                                                    Saturday, Sunday or a legally        Saturday, Sunday and holidays
                                                    proclaimed local, state or federal   established by federal or state
                                                    holiday.                             statute




Damage         Any impact with partial or           Any impact or contact with an        Weakening of structural or lateral
               complete, destruction,               underground facility, its            support or penetration of a facility
               impairment or penetration of, or     appurtenances or its protective      coating, housing, or other
               removal of support from an           coating, or any weakening of the     protective device. It also means
               underground facility, including      support for the facility or          the partial or complete dislocation
               damage to its protective coating,    protective housing which requires    or severance of underground
               housing or device. Substantial       repair.                              facilities.
               weakening of structural or lateral
               support.




Demolation                                                                               Any operation by which a
                                                                                         structure or mass of material is
                                                                                         wrecked, razed, moved, or
                                                                                         removed by means of mechanized
                                                                                         equipment, or discharge of
                                                                                         explosives.




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                                              Compliance Task Team Research State Statutes


                           Maine                        Massachusetts                  Maryland   Michigan
Definitions


Approximate
Location




Business Day   Any day other than Saturday,
               Sunday or a legal holiday.




Damage




Demolation




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                         Minnesota                            Mississippi                             Missouri                             Montana
Definitions                                         State Law 77-13                                                              State Code 69-4-501


Approximate                                         Information about an operator's       A strip of land not wider than the     Reasonable Accuracy - "Location
Location                                            underground utility lines or          width of the underground facility      within twenty-four (24) inches
                                                    underground facilities which is       plus two feet on either side           horizontally of the outside
                                                    provided to a person by an            thereof. In situations where           dimensions of each side of an
                                                    operator and must be accurate         reinforced concrete, multiplicity      underground facility."
                                                    within eighteen (18) inches           of adjacent facilities or other
                                                    measured horizontally from the        unusual specified conditions
                                                    outside edge of each side such        interfere with location attempts,
                                                    operator's facility, or a strip of    the owner or operator shall
                                                    land eighteen (18) inches either      designate to the best of his ability
                                                    side of the operator's field mark,    an approximate location of
                                                    or the marked width of the            greater width.
                                                    facility or line plus eighteen (18)
                                                    inches on each side of the marked
                                                    width of the facility or line.

Business Day                                        A twenty-four-hour period              Every day, except Saturday,           “Any day other than Saturday,
                                                    commencing from the time of           Sunday or a legally declared           Sunday, New Year's Day,
                                                    receipt by Mississippi One-Call       local, state or federal holiday.       Memorial Day, Independence
                                                    System, Inc., or the nonmember                                               Day, Labor Day, Thanksgiving
                                                    operator of the notification in                                              Day, and Christmas Day.”
                                                    accordance with this act,
                                                    excluding Saturdays, Sundays
                                                    and legal holidays.




Damage         Any impact with partial or           The substantial weakening of
               complete, destruction,               structural or lateral support of
               impairment or penetration of, or     underground utility lines and
               removal of support from an           underground facilities,
               underground facility, including      penetration or destruction of any
               damage to its protective coating,    protective coating, housing or
               housing or device. Substantial       other protective devices of an
               weakening of structural or lateral   underground utility line or
               support.                             underground facility, and the
                                                    partial or complete severance of
                                                    any underground utility line or
                                                    underground facility, but does not
                                                    include any operator's abandoned
                                                    facility.




Demolation




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                           Nevada                               Nebraska                  New Hampshire   New Jersey
Definitions    State Statute NRS 455.082 -
               455.105

Approximate    "A strip of land not more than 30
Location       inches on either side of the
               exterior surface of a subsurface
               installation. the term does not
               include the depth of the
               subsurface installation.”




Business Day   "Working Day" - Every day, 7
               a.m. to 5 p.m., except Sat., Sun.,
               and any federal or state holiday.




Damage         "1) The substantial weakening of      Any impact with partial or
               the structure or lateral support of   complete, destruction,
               a subsurface installation; 2) The     impairment or penetration of, or
               penetration or destruction of any     removal of support from an
               protective coating, housing or        underground facility, including
               other protective device of a          damage to its protective coating,
               subsurface installation; or 3) The    housing or device. Substantial
               partial or complete severance of a    weakening of structural or lateral
               subsurface installation."             support.




Demolation     "The wreaking, razing, rendering,
               movement or removal of a
               structure or mass of material by
               means of tools, equipment or the
               placement and discharge of
               explosives.”




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               New Mexico                  New York                           North Carolina                         North Dakota
Definitions                     Article 36-760 & Public Service        Chapter 87
                                199-b

Approximate
Location




Business Day                                                           "Work day" - every day except
                                                                       Saturdays, Sundays, national
                                                                       legal holidays and State legal
                                                                       holidays.




Damage                          An impact upon or removal of           The substantial weakening of          Any impact with partial or
                                support from an underground            structural or lateral support of an   complete, destruction,
                                facility consequent to excavation      underground utility, penetration      impairment or penetration of, or
                                or demolition which, according to      or destruction of protective          removal of support from an
                                the operating practices of the         coating, housing, or other            underground facility, including
                                operator, would necessitate repair     protective device of an               damage to its protective coating,
                                of such facility, destruction of any   underground utility, and the          housing or device. Substantial
                                underground facility or its            partial or complete severance of      weakening of structural or lateral
                                protective coating, housing or         an underground utility.               support.
                                other protective device, and
                                impact with or severance of an
                                underground facility.




Demolation                      The wrecking, razing, rending,
                                moving or removing of any
                                structure.




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               Ohio               Oklahoma                        Oregon                    Pennsylvania
Definitions                                           Oregon Administrative Rules
                                                      Chapter 952-001-0010 to 0090

Approximate                                           "Reasonable Accuracy" - location,
Location                                              within 24 inches, of the outside
                                                      lateral dimensions of both sides
                                                      of an underground facility.




Business Day                                          "Any 24 hour day other than a
                                                      Saturday, Sunday or federal or
                                                      state legal holiday.”




Damage                                                "Harm to or destruction of
                                                      underground facilities including,
                                                      but not limited to, the weakening
                                                      of structural, lateral or subjacent
                                                      support; the penetration,
                                                      impairment or destruction of any
                                                      coating, housing or other
                                                      protective device; and the denting
                                                      of, penetration into or severance
                                                      of underground facilities.”




Demolation




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                                              Compliance Task Team Research State Statutes


                        Rhode Island                       South Carolina                         South Dakota                            Tennessee
Definitions                                         Underground Utility Damage                                                 State Law 65-31
                                                    Prevention Act 58-35

Approximate    A strip of land extending not        Strip of land at least five feet
Location       more than one and on-half (1 ½)      wide, but not wider than the
               feet on either side of the           width of the utility plus two and
               underground facilities.              one-half feet on either side of the
                                                    utility.




Business Day                                        "Working Day" - Every day,                                                 "Working Day" - every day
                                                    except Saturday, Sunday and                                                except Saturday, Sunday and
                                                    legal holidays.                                                            national and legal state holidays.
                                                                                                                               For purposes of measuring any
                                                                                                                               period of time that requires notice
                                                                                                                               under this chapter, a working day
                                                                                                                               shall commence at the time the
                                                                                                                               written notice or telephone call is
                                                                                                                               received and shall expire at the
                                                                                                                               same time on the next working
                                                                                                                               day.




Damage         Includes but is not limited to the   The substantial weakening of          Any impact with partial or           The substantial weakening of
               substantial weakening of             structural or lateral support of an   complete, destruction,               structural or lateral support of an
               structural or lateral support of a   underground utility, penetration      impairment or penetration of, or     underground utility, penetration
               utility line, penetration or         or destruction of protective          removal of support from an           or destruction of any protective
               destruction of any utility line      coating, housing or other             underground facility, including      coating, housing or other
               protection coating, housing, or      protective device of a utility and    damage to its protective coating,    protective device of an
               other protective device or the       the partial or complete severance     housing or device. Substantial       underground utility, the partial or
               severance, partial or complete of    of a utility.                         weakening of structural or lateral   complete severance of an
               any utility line.                                                          support.                             underground utility and rendering
                                                                                                                               any underground utility
                                                                                                                               inaccessible.




Demolation     The wrecking, razing, rending,       Any operation by which a                                                   Any operation by which a
               moving or removing of any            structure or mass of material is                                           structure or mass of material is
               structure.                           wrecked, razed, rendered, moved                                            wrecked, razed, rendered, moved
                                                    or removed by means of any                                                 or removed by means of any
                                                    tools, equipment, or discharge of                                          tools, equipment or discharge of
                                                    explosives.                                                                explosives.




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               Texas                  Utah                         Vermont                                Virginia
Definitions


Approximate                                            A strip of land extending not
Location                                               more than eighteen inches on
                                                       either side of the underground
                                                       utility facilities.




Business Day                                                                                  Every day, except Saturdays,
                                                                                              Sundays, and legal state and
                                                                                              national holidays.
                                                                                              (Working Day)




Damage                                                 Includes, but is not limited to, the   Any impact upon or removal of
                                                       substantial weakening of               support from an underground
                                                       structural or lateral support of an    facility as a result of excavation
                                                       underground utility facility,          or demolition which according to
                                                       penetration or destruction of any      the operating practices of the
                                                       underground utility facility's         operator would necessitate the
                                                       protective coating, housing or         repair of such facility.
                                                       device, or partial or complete
                                                       severance of any underground
                                                       utility facility.




Demolation                                                                                    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 utility tines.




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                         Washington                          West Virginia                  Wisconsin              Wyoming
Definitions    Chapter 19.122.020


Approximate    Reasonable Accuracy - "Location
Location       within twenty-four inches of the
               outside dimensions of both sides
               of an underground facility.”




Business Day   Any day other than Saturday,          Any day except Saturday, Sunday
               Sunday, or a legal local, state, or   or a federal or state legal holiday.
               federal holiday.




Damage         "The substantial weakening of         Any impact or contact with or                      Any impact with partial or
               structural or lateral support of an   weakening of the support for an                    complete, destruction,
               underground facility, penetration,    underground facility, its                          impairment or penetration of, or
               impairment, or destruction of any     appurtenances, protective casing,                  removal of support from an
               underground protective coating,       coating or housing, which,                         underground facility, including
               housing, or other protective          according to the operation                         damage to its protective coating,
               device, or the severance, partial     practices of the operator or state                 housing or device. Substantial
               or complete, of any underground       or federal regulation, requires                    weakening of structural or lateral
               facility to the extent that the       repair.                                            support.
               project owner or the affected
               underground facility or utility
               owner determines that repairs are
               required."




Demolation                                           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;




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                         District of Columbia
Definitions


Approximate
Location




Business Day




Damage




Demolation         Any operation by which a structure or
                   mass of material is wrecked, razed,
                   moved, or removed by means of any
                   tool, equipment, or explosive.




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                                           Compliance Task Team Research State Statutes


                        Alabama                               Alaska                             Arizona                            Arkansas
Emergency                                        (A) any condition constituting a
                                                 clear and present danger to life,
                                                 health, or property.
                                                 (B) an unplanned service
                                                 interruption.




Excavate or   Any operation for the purpose      (A) any activity in which earth,     Any operation in which earth,      To dig, compress, or remove
Excavation    of the movement, or removal of     rock or other material below the     rock or other material in the      earth, rock, or other materials in
              earth, rock or other material by   ground is moved or otherwise         ground is moved, removed or        or on the ground by use of
              mechanized equipment or            displaced by any means;              otherwise displaced by means or    mechanized equipment or
              explosive-device and includes,     (B) road maintenance that            use of any tools, equipment or     blasting including, but not
              but is not limited to, augering,   changes the original road grade;     explosives and includes, without   necessarily limited to, auguring,
              backfilling, blasting, boring,     (C) demolition or movement of        limitation, grading, trenching,    boring, backfilling, drilling,
              digging, ditching, drilling,       earth by equipment, tools, or        digging, ditching, drilling,       grading, pile driving, plowing in,
              grading, plowing-in, pulling-in,   explosive device except tilling of   auguring, tunneling or scraping,   pulling in, trenching, tunneling,
              ripping, scraping, sub-soiling,    the soil less than 12 inches in      cable or pipe plowing and          and plowing.
              trenching and tunneling.           depth for agricultural purposes.     driving.

              Exemptions -                       Exemption -
              -State & county highway            Tilling less than 12” deep for
              departments are exempt for         agricultural purposes.
              routine maintenance
              -Agriculture work less than 12     Excavating done by a railroad
              inches in depth                    when said excavating is done
              -You own & operate property        entirely on land which the
              and know nothing is there          railroad owns or on which the
                                                 railroad operates or, in the event
                                                 of emergency, on adjacent land.




Excavator     Any person who engages in          A person who conducts
              excavation.                        excavation in the state.




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                         California                              Colorado                             Connecticut                              Florida
Definitions
Emergency     “A sudden, unexpected                   “Ruptures and leakage of
              occurrence, involving a clear and       pipelines, explosions, fires, and
              imminent danger, demanding              similar instances where
              immediate action to prevent or          immediate action is necessary to
              mitigate loss of, or danger to, life,   prevent loss of life or significant
              health, property, or essential          damage to underground facilities
              public services.                        and advance notice of proposed
                                                      excavation is impracticable under
                                                      the circumstances.”




Excavate or   “Any operation in which earth,          “Any operation in which earth is      An operation for the purposes of       “Any manmade cut, cavity,
Excavation    rock, or other material in the          moved or removed by means of          movement or removal of earth,          trench, or depression in the
              ground is moved, removed, or            any tools, equipment, or              rock or other materials in or on       earth's surface, formed by
              otherwise displaced by means of         explosives and includes augering,     the ground, or otherwise               removal of earth, intended to
              tools, equipment, or explosives in      backfilling, ditching, drilling,      disturbing the subsurface of the       change the grade or level of land,
              any of the following ways:              grading, plowing-in, pulling-in,      earth, by the use of powered or        or intended to penetrate or disturb
              grading, trenching, digging,            ripping, scraping, trenching and      mechanized equipment, including        the surface of the earth.”
              ditching, drilling, auguring,           tunneling.”                           but not limited to digging,
              tunneling, scraping, cable or pipe                                            blasting, auguring, back filling,
              plowing and driving, or any other                                             test boring, drilling, pile driving,
              way.”                                                                         grading, plowing-in, hammering
                                                                                            pulling-in, trenching and
                                                                                            tunneling. Reclaimation
                                                                                            processes, and milling; excluding
                                                                                            the movement of earth by tools
                                                                                            manipulated only by human or
                                                                                            animal power and the tilling of
                                                                                            soil for agricultural purposes.




Excavator     “Any person, firm, contractor or                                              A person, partnership,
              subcontractor, owner, operator,                                               corporation or association,
              utility, association, corporation,                                            including a public utility or a
              partnership, business trust, public                                           person engaged as a contractor by
              agency, or other entity which,                                                a public utility or public agency,
              with their, or his or her, own                                                directly performing or engaged in
              employees or equipment performs                                               the act of excavation, demolition
              any excavation.”                                                              or discharge of explosives.

              Exemption: An owner of real
              property who contracts for an
              excavation not requiring a permit
              or doing own excavation for real
              property improvements not
              requiring a permit. (4216.8 (a) &
              (b))




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                          Georgia                                Idaho                   Illinois               Indiana
Definitions
Emergency                                           Any condition constituting a clear
                                                    and present danger to life or
                                                    property, or a customer service
                                                    outage.




Excavate or   Any operation by which the level      Any operation in which earth,                   Exemptions - Excavation using
Excavation    or grade of land is changed and       rock, or other material in the                  only hand-powered tools,
              includes, without limitation,         ground is moved or otherwise                    excavation using only animals,
              grading, trenching, digging,          displaced by any means                          agricultural tilling, surface coal
              ditching, augering, scraping, and     including, but not limited to                   mining and reclamation, railroad
              pile driving. Such term, however,     explosives.                                     right-of-way
              does not include public road                                                          maintenance/operations.
              maintenance activities within the
              rights of way of a public road on
              the state highway system, the
              county road system, or the city
              street system.

              Exemptions - 25-9-10
              Any utility may have with
              relation to any facility or to any
              easement, right of way, license,
              permit or other interest in or with
              respect to the land on which the
              facility is located.

              29-9-11
              The state or the Department of
              Transportation with respect to the
              state highway system, the county
              road system, or the municipal
              street system, or of a county with
              respect to the county road system
              or of a municipality with respect
              to the city street system, with
              relation to any gas pipe or other
Excavator     underground utility facility which Any person who engages directly
                                                 in excavation.




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                            Iowa                                  Kansas                              Kentucky                        Louisiana
Definitions
Emergency     Condition where there is clear         Any condition constituting a clear    There exists substantial
              and immediate danger to life or        and present danger to life, health    likelihood that loss of life,
              health or essential services, or a     or property, or a customer service    property, or utility service will
              potentially significant loss of        outage.                               result before procedures required
              property.                                                                    under Section 5 through 7 of this
                                                                                           Act can be completed.




Excavate or   An operation in which a structure      Any operation in which earth,         Any activity that results in the  Any operation for the purpose of
Excavation    or earth, rock, or other material in   rock or other material below the      movement, placement, probing,     movement or removal of earth,
              or on the ground is moved,             surface is moved or otherwise                                           rock or other materials in or on
                                                                                           or removal of earth, rock, or other
              removed, or compressed, or             displaced by any means, except        material in or on the ground by   the ground the ground by the use
              otherwise displaced by means of        tilling of the soil, or railroad or   the use of mechanized equipment   of powered or mechanical or
              any tools, equipment, or               road or ditch maintenance that        or by the discharge of explosives.manual means, including pile
              explosives and includes, but is        does nt change the existing                                             driving, digging, blasting,
              not limited to, grading, trenching,    railroad grade, road grade and or   Exemptions - Section 8.             auguring, boring, back filling,
              tiling, digging, ditching, drilling,   ditch flowline, or operations       The requirements of [the entire     dredging, compressing, plow-in,
              augering, tunneling, scraping,         related to exploration and          statute] shall not apply to the     trenching, ditching, tunneling,
              cable or pipe plowing, driving,        production of crude oil, natural    following: (1) Excavation after all land leveling, grading, and
              and demolition of structures.          gas, or both.                       involved excavators and operators mechanical probing.
                                                                                         have completed joint working
              Exemptions - Sanitary sewer,           Exemptions - Property owners        agreements and documented that Exemption: Activities by
              storm sewer laterals, and water        who are excavating on the           all proposed excavation and         operators or land owners
              service lines.                         premises of their primary           demolition was reviewed and         excavating their own
                                                     residence are not considered as     notification provided. (2)          underground facilities on their
                                                     excavators. Road, railroad and      Excavation by an operator on its own property or operators'
                                                     ditch maintenance are not           own easement except where that exclusive right-of-way provided
                                                     excavations if they fail to change easement is crossed by another       there is no encroachment on the
                                                     the grade. Tilling of the soil is   operator's facilities. (3) Routine right-of-way of any operator.
                                                     not considered excavating.          road maintenance. (4) Excavation
                                                                                         using only non-powered hand
                                                                                         tools or animal power. (5) Tilling
                                                                                         of soil for agricultural purposes.
                                                                                         (6) Persons, other than those in
                                                                                         the excavation business for hire,
                                                                                         excavating on residential
                                                                                         property. (7) The opening of a
                                                                                         grave in a cemetery. (8) A solid
                                                                                         waste disposal site which is
Excavator     Person proposing to engage or          Any person who engages directly properly permitted. (9) Coal
                                                                                         Any entity or individual engaged
              engaging in excavation.                in excavation activities within the in a trade or business or
                                                     state of Kansas, but shall not      government service which
                                                     include any occupant of a           includes excavation or
                                                     dwelling who: (1) Uses such         demolition.
                                                     dwelling as a primary residence;
                                                     and (2) excavates on the premises Excavator does not mean a utility
                                                     of such dwelling.                   operator or utility operator sub-
                                                                                         contractor performing work to
                                                                                         provide or repair utility
                                                                                         construction service




                                                                           17
                                            Compliance Task Team Research State Statutes


                          Maine                            Massachusetts                             Maryland                          Michigan
Definitions
Emergency                                          A condition in which the safety of
                                                   the public is in imminent danger,
                                                   such as a threat to life or health or
                                                   where immediate correction is
                                                   required to maintain or restore
                                                   essential public utility service.




Excavate or   Any operation in which earth,        An operation for the purpose of         Any operation in which earth,       Exemptions - non-powered hand
Excavation    rock or other material on or below   movement or removal of earth,           rock or other material in or on the tools; DOT.
              the ground is moved or otherwise     rock or the materials in the            ground is moved, removed or
              displaced, by means of power         ground including, but not limited       otherwise displaced by means of
              tools, power equipment or            to, digging, blasting, augering,        any tools, equipment or
              explosives and including grading,    backfilling, test boring, drilling,     explosives and includes, without
              trenching, digging, ditching,        pile driving, grading, plowing in,      limitation, grading, trenching,
              drilling, auguring, tunneling,       hammering, pulling in, jacking in,      digging, ditching, drilling,
              scraping and cable or pipe drive,    trenching, tunneling and                augering, tunneling, scraping,
              except tilling of soil and           demolition of structures,               cable or pipe plowing and
              gardening or displacement of         excluding excavation by tools           driving, demolition, wrecking,
              earth, rock or other material for    manipulated only by human               razing, rending, moving or
              agricultural purposes, and except    power for gardening purposes and        removing any structure or mass of
              installation and maintenance of      use of blasting for quarrying           material.
              signs performed by the               purposes.
              Department of Transportation.                                                Exemptions - Nothing in this
                                                                                           section shall apply to any
                                                                                           excavation done by the owner of
                                                                                           a private residence when said
                                                                                           excavation is made entirely on
                                                                                           the land on which the private
                                                                                           residence is situated.




Excavator                                          Any entity including, but not
                                                   limited to, a person, partnership,
                                                   joint venture, trust corporation,
                                                   association, public utility,
                                                   company or state or local
                                                   government body which performs
                                                   excavation operations.




                                                                         18
                                              Compliance Task Team Research State Statutes


                         Minnesota                             Mississippi                       Missouri                             Montana
Definitions
Emergency     Condition where there is clear
              and immediate danger to life or
              health or essential services, or a
              potentially significant loss of
              property.




Excavate or   An operation in which a structure      Any operation in which earth,   Any operation in which earth,         “An operation in which earth,
Excavation    or earth, rock, or other material in                                   rock or other material in or on the
                                                     rock or other material or mass of                                     rock, or other material in the
              or on the ground is moved,             material on or below the ground ground is moved, removed or           ground is moved, removed, or
              removed, or compressed, or             is moved or otherwise displaced otherwise displaced by means of       otherwise displaced by means or
              otherwise displaced by means of        by any means,                   any tools, equipment or               use of any tools, equipment, or
              any tools, equipment, or                                               explosives and includes, without      explosives. The term includes but
              explosives and includes, but is    Except (i) the tilling of the soil  limitation, backfilling, grading,     is not limited to grading,
              not limited to, grading, trenching,less than twenty-four inches in     trenching, digging, ditching,         trenching, digging, ditching,
                                                 depth for agricultural purposes; or drilling, well-drilling, augering,
              tiling, digging, ditching, drilling,                                                                         drilling, augering, tunneling,
              augering, tunneling, scraping,     (ii) an operation in which earth, boring, tunneling, scraping, cable      scraping, and cable or pipe
              cable or pipe plowing, driving,    rock or other material or mass of or pipe plowing, plowing-in,            plowing and driving.
              and demolition of structures.      material on or below the ground pulling-in, ripping, driving, and
                                                 is moved or otherwise displaced demolition of structures.                 Excavation does not include
              Exemptions - Excavation of         to a depth of less than twelve                                            surface road grading maintenance
              minerals or graves; normal         inches on private property by the Except that, the use of                 or road or ditch maintenance that
              maintenance of roads; agricultural property owner without the use of mechanized tools and equipment          does not change the original road
              activities with depths < 18”;      mechanical excavating               to break and remove pavement          or ditch grade or flow line.”
              gardening activities with depths < equipment; or (iii) an operation in and masonry down only to the
              12”.                               which earth, rock or other          depth of such pavement or             Emergency Excavation - “An
                                                 material or mass of material on or masonry, the use of high-velocity      excavation in response to an
                                                 below the ground is moved or        air to disintegrate and suction to    emergency locate that is
                                                 otherwise displaced without the remove earth, rock and other              necessary to: (a) alleviate a
                                                 use of mechanical excavating        materials for agricultural or         condition that constitutes a clear
                                                 equipment to a depth of less than seeding purposes shall not be           and present danger to life or
                                                 twelve inches on private property deemed excavation. Backfilling          property; or (b) repair a customer
                                                 by an excavator who is not the      or moving earth on the ground in      outage involving a previously
                                                 property owner, except when         connection with other excavation      installed utility-owned facility.”
                                                 such excavation is in a clearly     operations at the same site shall
                                                 marked underground facility right not be deemed separate instances
                                                 of way. The term "excavate" shall of excavation.
                                                 include, but not be limited to, the
Excavator     Person proposing to engage or      operations of demition, blasting,
                                                 Any person who engages directly                                           “A person conducting the
              engaging in excavation.            in excavation.                                                            excavation activities defined in
                                                                                                                           Excavation.”




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                                             Compliance Task Team Research State Statutes


                           Nevada                              Nebraska                          New Hampshire                        New Jersey
Definitions
Emergency     "A sudden, unexpected                 Condition where there is clear                                          Any condition constituting a clear
              occurrence that involves clear and    and immediate danger to life or                                         and present danger to life, health
              imminent danger and requires          health or essential services, or a                                      or property caused by the escape
              immediate action to prevent or        potentially significant loss of                                         of any material or substance
              mitigate loss of life or damage to    property.                                                               transported by means of an
              health, property or essential                                                                                 underground facility or the
              public service.”                                                                                              interruption of a vital
                                                                                                                            communication or public service
                                                                                                                            that requires immediate action to
                                                                                                                            prevent or mitigate loss or
                                                                                                                            potential loss of the
                                                                                                                            communication or public service,
                                                                                                                            or any condition on or affecting a
                                                                                                                            transportation right-of-way or
                                                                                                                            transportation facility that creates
                                                                                                                            a risk to the public of potential
                                                                                                                            injury or property damage.
Excavate or   "The movement or removal of           An operation in which a structure Any operation conducted in a          Any operation in which earth,
Excavation    earth, rock or other material in or                                     public way, right-of-way,
                                                    or earth, rock, or other material in                                    rock, or any other material in the
              on the ground by use of               or on the ground is moved,        easement, public street, or other     ground s moved, removed, or
              mechanical equipment or by the        removed, or compressed, or        public place, in which earth, rock,   otherwise displaced by means of
              placement and discharge of            otherwise displaced by means of   or other material in the ground is    any tools, equipment, or
              explosives. The term includes         any tools, equipment, or          moved, removed, or otherwise          explosive, and includes but is not
              auguring, backfilling, digging,       explosives and includes, but is   displaced by means of any tools,      limited to drilling, grading,
              ditching, drilling, grading,                                            equipment, or explosive, and
                                                    not limited to, grading, trenching,                                     boring, milling to a depth greater
              plowing-in, ripping, scraping,                                          includes but is not limited to
                                                    tiling, digging, ditching, drilling,                                    than six inches, trenching,
              trenching and tunneling.”             augering, tunneling, scraping,    drilling, grading, boring, milling,   tunneling, scraping, tree and root
                                                    cable or pipe plowing, driving,   trenching, tunneling, scraping,       removal, cable or pipe plowing,
                                                    and demolition of structures.     tree and root removal, cable or       fence post or pile driving, and
                                                                                      pipe plowing, fence or sign post      wrecking, razing, rending, or
                                                    Exemptions - Real property        installation, pile driving,           removing and structure or mass
                                                    owners; road maintenance; tilling wrecking, razing, rending or          material,
                                                    of soil & gardening; graves;      moving any structure or mass
                                                    maintenance of RR unless grade material, but does not include the       Does not include routine
                                                    changes; hand digging around      tilling of soil for agricultural      residential property or right-of-
                                                    pole                              purposes.                             way maintenance or landscaping
                                                                                                                            activities performed with non-
                                                                                                                            mechanized equipment,
                                                                                                                            excavation within the flexible or
                                                                                                                            rigid pavement box within the
                                                                                                                            right-of-way or the tilling of soil
                                                                                                                            for agricultural purposes to a
                                                                                                                            depth ;of 18 inches or less.




Excavator                                           Person proposing to engage or          Any person performing
                                                    engaging in excavation.                excavation.




                                                                          20
                                            Compliance Task Team Research State Statutes


                       New Mexico                          New York                           North Carolina                         North Dakota
Definitions
Emergency                                                                                                                   Condition where there is clear
                                                                                                                            and immediate danger to life or
                                                                                                                            health or essential services, or a
                                                                                                                            potentially significant loss of
                                                                                                                            property.




Excavate or   Movement or removal of earth       An operation for the purpose of       An operation for the purpose of      An operation in which a structure
Excavation    using mechanical excavating        movement or removal of earth,         the movement or removal of           or earth, rock, or other material in
              equipment or blasting and          rock or other materials in or on      earth, rock, or other materials in   or on the ground is moved,
              includes augering backfilling,     the ground by use of mechanized       or on the ground by use of           removed, or compressed, or
              digging, ditching, drilling,       equipment or by blasting, and         equipment operated by means of       otherwise displaced by means of
              grading, plowing in, pulling in,   includes, but is not limited to,      mechanical power and/or an           any tools, equipment, or
              ripping, scraping, trenching and   auguring, backfilling, drilling,      operation by which a structure or    explosives and includes, but is
              tunneling.                         grading, plowing in, pulling in,      mass of material is wrecked,         not limited to, grading, trenching,
                                                 trenching and tunneling;              razed, moved, or removed by          tiling, digging, ditching, drilling,
                                                                                       means of any tools, equipment, or    augering, tunneling, scraping,
                                                 The movement of earth by tools        discharge of explosives.             cable or pipe plowing, driving,
                                                 manipulated only by human or                                               and demolition of structures.
                                                 animal power and the tilling of      This term includes road
                                                 soil for agricultural purposes shall construction but does not include     Exemptions - DOT; opening
                                                 not be deemed excavation.            road maintenance activities           graves; agriculture activities;
                                                                                      within rights-of-way of a             gardening unless > 12 in.; normal
                                                                                      highway, including those              road maintenance; repair and
                                                                                      maintenance activities defined by     maintenance of RR tracks
                                                                                      the rules and regulations of the
                                                                                      North Carolina Department of
                                                                                      Transportation.




Excavator                                        A person who is engaged in a                                               Person proposing to engage or
                                                 trade or business which includes                                           engaging in excavation.
                                                 the carrying out of excavation or
                                                 demolition; provided, however,
                                                 that an individual employed by an
                                                 excavator, and having no
                                                 supervisory authority, other than
                                                 the routine direction of
                                                 employees, over an excavation or
                                                 demolition, shall not be deemed
                                                 an excavator for the purposes of
                                                 this article. In construing and
                                                 enforcing the provisions of this
                                                 article, the act of any employee or
                                                 agent of any excavator acting
                                                 within the scope of his or her
                                                 official duties or employment
                                                 shall be deemed to be the act of
                                                 such excavator.




                                                                      21
                                            Compliance Task Team Research State Statutes


                            Ohio                            Oklahoma                                 Oregon                             Pennsylvania
Definitions
Emergency                                                                               An occurrence involving an             A sudden or unforeseen
                                                                                        immediate danger, demanding            occurrence involving a clear and
                                                                                        prompt action to prevent loss of       immediate danger to life or
                                                                                        life, or to mitigate damage to         property, including but not
                                                                                        property, or to prevent                limited to, serious breaks or
                                                                                        interruption of essential public       defects in a facility owner's lines.
                                                                                        services) as determined by an
                                                                                        emergency response agency or
                                                                                        the facility operator) or to prevent
                                                                                        a customer service outage (as
                                                                                        determined by the facility
                                                                                        operator).




Excavate or   Exemptions - Private septic        To dig, compress or remove             "Any operation in which earth,         The use of powered equipment or
Excavation    systems, mining; agricultural <    earth, rock or other materials in      rock or other material on or below     explosives in the movement of
              12" in depth; property owner       or on the ground by use of             ground is moved or otherwise           earth, rock or other material, and
              (unless excavation where utility   mechanized equipment or                displaced by any means, except         includes but is not limited to
              easement is located or a public    blasting, including, but not           sidewalk, road and ditch               anchoring, augering, backfilling,
              right-of-way).                     limited to, augering, boring,          maintenance less than 12 inches        blasting, boring, digging,
                                                 backfilling, drilling, grading, pile   in depth that does not lower the       ditching, drilling, driving-in,
                                                 driving, plowing;                      road grade or original ditch flow      grading, plowing-in, pulling-in,
                                                                                        line.”                                 ripping, scraping, trenching and
                                                 Neither (a) the moving of earth                                               tunneling.
                                                 by tools manipulated only by           Exception - "Excavation does not
                                                 human or animal power, nor (b)         include the tilling of soil for        Does not include soft excavation
                                                 any form of cultivation for            agricultural purposes conducted        technology such as vacuum, high
                                                 agricultural purposes, nor (c)         on private property that is not        pressure air or water, tilling of
                                                 routing maintenance, nor (d)           within the boundaries of a             soil for agricultural purposes to a
                                                 work by a public agency or its         recorded right of way or easement      depth of less than eighteen
                                                 contractors on a preengineered         for underground facilities.” &         inches, operations necessary or
                                                 project, nor (e) work on a             also excepts “sidewalk, road and       incidental to the purposes of
                                                 certified project, nor (f) work on a   ditch maintenance less than 12         finding or extracting natural
                                                 permitted project, nor (g) the         inches in depth that does not          resources, political subdivision
                                                 opening of a grave in a cemetery,      lower the road grade or original       performing minor routine
                                                 nor (h) a solid waste disposal site    ditch flow line.”                      maintenance up to a depth of less
                                                 which is a preengineered project,                                             than eighteen inches within the
                                                 nor (I) any individual excavating                                             right-of-way of roads or employes
                                                 on his own property and who is                                                of the Department of
                                                 not in the excavating business for                                            Transportation performing within
                                                 hire, shall be deemed excavation.                                             the scope of their employment
                                                                                                                               work up to a depth of twenty-four
                                                                                                                               inches beneath the existing
                                                                                                                               surface within the right-of-way of
                                                                                                                               a State highway.
Excavator                                                                               "Any person who engages in
                                                                                        excavation.”




                                                                       22
                                              Compliance Task Team Research State Statutes


                       Rhode Island                         South Carolina                         South Dakota                      Tennessee
Definitions
Emergency                                                                                 Condition where there is clear
                                                                                          and immediate danger to life or
                                                                                          health or essential services, or a
                                                                                          potentially significant loss of
                                                                                          property.




Excavate or   An operation for the purpose of        An operation for the purpose of      An operation in which a structureAn operation for the purpose of
Excavation    movement or removal of earth,          the movement or removal of                                            the movement, placement or
                                                                                          or earth, rock, or other material in
              rock or other materials in or on       earth, rock, or other materials in   or on the ground is moved,       removal of earth, rock or other
              the ground, is otherwise               or on the ground by use of           removed, or compressed, or       materials in or on the ground by
              disturbing the subsurface of the       mechanized equipment or by           otherwise displaced by means of  use of mechanized equipment or
              earth, by the use of powered or        discharge of explosives and          any tools, equipment, or         by discharge of explosives, and
              mechanized equipment,                  including augering, backfilling,     explosives and includes, but is  including augering, backfilling,
              including, but not limited to          digging, ditching, drilling, well                                     digging, ditching, drilling,
                                                                                          not limited to, grading, trenching,
              digging, blasting, auguring, back      drilling, grading, plowing-in,                                        grading, plowing-in, pulling-in,
                                                                                          tiling, digging, ditching, drilling,
              filling, test boring, drilling, pile   pulling-in, ripping, scraping,       augering, tunneling, scraping,   ripping, scraping, trenching and
              driving, grading, plowing in,          trenching and tunneling, but not     cable or pipe plowing, driving,  tunneling, but not including the
              hammering, pulling in, trenching,      including the tilling of soil for    and demolition of structures.    tilling of soil for agricultural
              and tunneling; excluding the           agricultural purposes, gardening                                      purposes; or the digging of holes
              movement of earth by tools             or landscaping which involves the Exemptions - Normal farming         for fence posts on private
              manipulated only by human or           movement of less than one cubic   operations, residential,            property. Agricultural purposes
              animal power and the tilling of        yard of soil or other materials.  commercial, or similar gardening, shall include surface activities
              soil for agricultural purposes.                                          the opening of a gravesite in a     such as plowing, planting and
                                                     Exemption                         cemetery, normal activities         combining, but does not include
                                                     Excavation is exempt from the     involved in land surveying,         blasting, setting drainage tiles,
                                                     provisions of this chapter under operations in a solid waste          subsoiling or other sub-surface
                                                     the following conditions:         disposal site which has planned activities.
                                                      (a) When conducted after         for underground facilities, the
                                                     individual contacts with public   replacement of an existing traffic
                                                     utilities or after joint          sign at its current location and at
                                                     preconstruction conferences with no more than its current depth,
                                                     public utilities and the person   and normal road or highway
                                                     proposing the excavation or       maintenance which does not
                                                     demolition has a statement in     change the original grade of the
                                                     writing from all public utilities roadway or ditch. Extraction of
                                                     operating in the area that the    minerals.
                                                     proposed activity was reviewed
Excavator                                            and notification provided; or     Person proposing to engage or
                                                                                       engaging in excavation.




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                                            Compliance Task Team Research State Statutes


                           Texas                                 Utah                                Vermont                                Virginia
Definitions
Emergency                                         An occurrence necessitating                                                   A sudden or unexpected
                                                  immediate action to prevent or                                                occurrence involving a clear and
                                                  mitigate loss of, or damage to,                                               imminent danger, demanding
                                                  life, health, property, or essential                                          immediate action to prevent or
                                                  public services.                                                              mitigate loss of, or damage to,
                                                                                                                                life, health, property, or essential
                                                                                                                                public services.




Excavate or   To use explosive or motor,          An operation in which earth,           Activities involving the removal       Any operation in which earth,
Excavation    engine, hydraulic or                rock, or other material on or          of earth, rock or other materials in   rock, or other material in the
              pneumatically powered tool, or      below the ground is moved or           the ground, disturbing the             ground is moved, removed, or
              other machine-powered               displaced by tools, equipment, or      subsurface of the earth, or the        otherwise displaced by means of
              equipment of any kind and           explosives.                            demolition of any structure, by        any tools, equipment, or
              includes auguring, backfilling,                                            the discharge of explosives or the     explosives and includes, without
              boring, compressing, digging,                                              use of powered or mechanized           limitation, grading, trenching,
              ditching, drilling, dragging,                                              equipment, including but not           digging, ditching, dredging.
              dredging, grading, mechanical                                              limited to digging, trenching,         drilling, augering, tunneling,
              probing, plowing-in, pulling- in,                                          blasting, boring, drilling,            scraping, cable or pipe plowing
              ripping, scraping, trenching, and                                          hammering, post driving                and driving, wrecking, razing,
              tunneling to remove or otherwise                                           wrecking, razing or tunneling,         rendering, moving. or removing
              disturb soil to a depth of 16 or                                           within an underground utility          any structure or mass of material.
              more inches.                                                               easement or the area of a public
                                                                                         right of way in which an               Exemptions -
              Exemptions                                                                 underground utility facility is        +Hand digging performed by an
              1. An underground facility or                                              located. Excavation activities         owner or occupant of property
              underground storage tank, sump,                                            shall not include the tilling of the   +Agricultural plowing (tilling of
              or impoundment or piping                                                   soil for agricultural purposes or      soil)
              connected to an aboveground or                                             activities relating to routine         +Excavation done by railroad
              underground stage tank, sump, or                                           public highway maintenance.            when on railroad's land
              impoundment located in the same                                                                                   +Excavation done in an
              tract of land as the storage tank,                                                                                emergency
              sump, or impoundment;                                                                                             +Streets and roads needing
              2. An underground facility                                                                                        immediate repair
              operated by the owner of a                                                                                        +Routine pavement maintenance
              secured facility and located                                                                                      of 12 inch depth or less
              entirely within the secured                                                                                       +Roadway maintenance of 18
              facility;                                                                                                         inch depth or less
              3. An underground facility that                                                                                   +Excavation for the purpose of
              serves only the owner of the                                                                                      mining
Excavator     underground facility or the        Any person or entity that                                                      +Excavation by road agencies if
                                                 excavates or conducts excavation
                                                 activities.




                                                                        24
                                             Compliance Task Team Research State Statutes


                       Washington                           West Virginia                             Wisconsin                             Wyoming
Definitions
Emergency     "Any condition constituting a         A condition constituting a clear                                             Condition where there is clear
              clear and present danger to life or   and present danger to life, health                                           and immediate danger to life or
              property, or a customer service       or property by reason of escaping                                            health or essential services, or a
              outage."                              toxic, corrosive or explosive                                                potentially significant loss of
                                                    product, oil or oil-gas or natural                                           property.
                                                    gas hydrocarbon product,
                                                    exposed wires or other breaks or
                                                    defects in an underground
                                                    facility;
                                                    or
                                                    A condition that requires
                                                    immediate correction to assure
                                                    continuity of service provided by
                                                    or through an underground
                                                    facility.



Excavate or   "Any operation in which earth,        Any operation in which earth,          Exemptions - Transmission             An operation in which a structure
Excavation    rock or other material on or below    rock, or other material in the         owner or lessee whose                 or earth, rock, or other material in
              ground is moved or otherwise          ground is moved, removed, or           transmission facilities are located   or on the ground is moved,
              displaced by any means, except        otherwise displaced by means of        on property owned or leased by        removed, or compressed, or
              tilling of soil less than 12 inches   any tools, equipment, or               that person; a governmental unit      otherwise displaced by means of
              in depth for agricultural purposes,   explosives and includes, without       that is a transmission facilities     any tools, equipment, or
              or road and ditch maintenance         limitation, grading, trenching,        owner.                                explosives and includes, but is
              that does not change the original     digging, ditching, dredging.                                                 not limited to, grading, trenching,
              road grade or ditch flow line."       drilling, augering, tunneling,                                               tiling, digging, ditching, drilling,
                                                    moleing, scraping, cable or pipe                                             augering, tunneling, scraping,
                                                    plowing and driving, wrecking,                                               cable or pipe plowing, driving,
                                                    razing, rendering, moving. or                                                and demolition of structures.
                                                    removing any structure or mass of
                                                    material, but does not include                                               Exemptions - Normal farming
                                                    underground or surface mining                                                operations, residential,
                                                    operations or related activities or                                          commercial, or similar gardening,
                                                    the tilling of soil for agricultural                                         the opening of a gravesite in a
                                                    purposes or for domestic                                                     cemetery, normal activities
                                                    gardening.                                                                   involved in land surveying,
                                                                                                                                 operations in a solid waste
                                                    Further for purposes of this                                                 disposal site which has planned
                                                    article, the terms "excavate" and                                            for underground facilities, the
                                                    "excavation" do not include                                                  replacement of an existing traffic
                                                    routine maintenance of paved                                                 sign at its current location and at
                                                    public roads or highways by                                                  no more than its current depth,
                                                    employees of state, county or                                                and normal road or highway
                                                    municipal entities or authorities                                            maintenance which does not
                                                    which:                                                                       change the original grade of the
                                                     (1) Perform all work within the                                             roadway or ditch. Extraction of
                                                    confines of the traveled portion of                                          minerals.
                                                    the paved public way; and
Excavator     "Any person who engages               Any person intending to engage                                               Person proposing to engage or
              directly in excavation."              or engaged in excavation or                                                  engaging in excavation.
                                                    demolition work.




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   Compliance Task Team Research State Statutes


                         District of Columbia
Definitions
Emergency




Excavate or        Any operation in which earth, rock, or
Excavation         other material in or on the ground is
                   moved , removed or otherwise
                   displaced by means of any tool,
                   equipment, or explosive, and include
                   but are not limited to grading,
                   trenching, digging, ditching, drilling,
                   boring, augering, tunneling, scraping,
                   cable or pipe plowing and driving,
                   wrecking, razing, moving, or
                   removing any structure or mass of
                   material.




Excavator




                        26
                                                     Compliance Task Team Research State Statutes


                                 Alabama                                 Alaska                   Arizona              Arkansas
Mechanical            Equipment power or energized                                                          Equipment operated by means of
Equipment             by any motor, engine, hydraulic                                                       mechanical power including
                      or pneumatic device and is                                                            trenchers, bulldozers, power
                      used for excavation or                                                                shovels, augurs, backhoes,
                      demolition work including, but                                                        scrapers, drills, cable and pipe
                      not limited tot tractors,                                                             plows, and other equipment used
                      trenchers, bulldozers, power                                                          for plowing in or pulling in cable
                      shovels, augers, backhoes,                                                            or pipe.
                      scrapers, pile drivers, drills,
                      cable and pipe plows or other
                      equipment used for plowing-in
                      or pulling-in cable or pipe.

One-Call            One-Call System - A non-profit A service through which a person                         A center operated by an
Notification Center corporation, a public          is able to call one number to                            organization which has as one of
                      corporation or a governmental         notify member operators of                      its purposes to receive
                      entity which will provide a           underground facilities that an                  notification of planned
                      statewide notification-service,       excavation is proposed and to                   excavation and demolition in a
                      for the purpose of receiving          request the operators to mark                   specified area from excavators,
                      statewide telephonic toll-free        facilities located inside of the                and to disseminate such
                      notification of any planned           proposed excavation area.                       notification of planned
                      excavation or demolition                                                              excavation or demolition to
                      activities by excavators or other                                                     operators who are members of the
                      persons as set forth in Section 4                                                     center.
                      of this act and distributing the
                      required excavation or
                      demolition information to its
                      affected member operators as
                      set forth in Section 5 of this act.




Operator or Owner Any person, governmental              A person who supplies a service                     Any public utility as defined in 1-
                      agency or political subdivision, for commercial or public use by                      101, which owns or operates an
                      or their agents, who owns or      means of an underground facility.                   underground facility, all
                      operates a public or private                                                          municipally owned or operated
                      underground facility which                                                            water, sewer, or electric utilities,
                      furnishes services, information                                                       any gas utility however owned or
                      or materials, or transports or                                                        operated; all master meter
                      transmits electric energy, light,                                                     operators whose underground
                      water, steam, oil, gases, gas,                                                        facilities cross property other than
                      mixture of gases, petroleum,                                                          their own or under public right-of-
                      petroleum products, hazardous                                                         ways; and any other property
                      or flammable liquids, toxic or                                                        owners associations,
                      corrosive fluids and gases or                                                         improvement districts, or
                      items of like nature and                                                              property developers, serving in
                      telecommunications, cable                                                             excess of one hundred customers.
                      television, water, drainage,
                      sewage and traffic control                                                             “Member operator” - any
                      systems or other systems of like                                                      operator that is a member of the
                      nature.                                                                               Arkansas One Call Center.



Person                An individual, joint venture,         Any individual, public or private               Any individual, any corporation,
                      partnership, association,             corporation, political subdivision,             partnership, association, or any
                      authority, cooperative, firm,         government agency, municipality,                other entity organized under the
                      corporation, governmental             industry, partnership,                          laws of any state, any subdivision
                      entity, or any subdivision or         copartnership, association, firm,               or instrumentality of a state and
                      instrumentality of that entity        trust, estate, or any other entity              any employee, agent, or legal
                      and their employees, agents or        whatsoever.                                     representative thereof.
                      legal representatives

                      Exemption -
                      State highway department
                      County




                                                                                   27
                                                        Compliance Task Team Research State Statutes


                                  California                             Colorado                         Connecticut                  Florida
Definitions
Mechanical
Equipment




One-Call            “A nonprofit association or other “The Statewide Notification                 Central Clearinghouse - The
Notification Center organization of operators of      Association of Owners and                   single organization established by
                       subsurface installations which        Operators of Underground             the public utilities pursuant to
                       provides advance warning of           Facilities created in Section 9-5.5- section 16-348 of the General
                       excavations or other work close       105.”                                Statutes for the purpose of
                       to existing subsurface                                                     receiving and giving notice of
                       installations, for the purposes of    (Notification                        excavation activity within the
                       protecting those installations        association/association)             state.
                       from damage, removal,
                       relocation, or repair."

                       (Regional notification center)




Operator or Owner “Any person, corporation,                  “Any person, including public
                       partnership, business trust, public   utilities, municipal corporations,
                       agency, or other entity which         political subdivisions, or other
                       owns, operates, or maintains a        persons having the right to bury
                       subsurface installation.”             underground facilities in or near a
                                                             public road, street, alley, right-of-
                                                             way or utility easement.

                                                             Exemption: "Operator" or
                                                             "owner" does not include any
                                                             railroad.




Person                                                       “Any individual, partnership,
                                                             association, corporation or joint
                                                             venture; the state, any political
                                                             subdivision of the state, or any
                                                             instrumentality or agency of
                                                             either, or the legal representative
                                                             of any of them.”




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                                                      Compliance Task Team Research State Statutes


                                   Georgia                                  Idaho                    Illinois   Indiana
Definitions
Mechanical             All equipment which is powered
Equipment              by any motor, engine, or
                       hydraulic or pneumatic device
                       and which is used for excavating,
                       including, without limitation,
                       bulldozers, backhoes, power
                       shovels, scrapers, draglines,
                       clamshells, augers, drills, and pile
                       drivers.




One-Call            "Utilities Protection Center" - The "One-number locator service" - a
Notification Center corporation or other organization service through which a person
                       formed by utilities to provide a       can notify owners of underground
                       joint telephone number                 facilities and request field-
                       notification service for the           markings of their underground
                       purpose of receiving advance           facilities.
                       notification from persons
                       planning to blast or excavate and
                       distributing such notifications to
                       its affected utility members.




Operator or Owner                                             "Underground facility owner" -
                                                              any person who owns or operates
                                                              an underground facility.




Person                 An individual or a corporation.        An individual, partnership,
                                                              association, corporation, a state, a
                       Exemption -                            city, a county, or any subdivision
                       A railroad when said excavating        or instrumentality of a state, and
                       is made entirely on the land           its employees, agents, or legal
                       which the railroad owns or on          representatives.
                       which the railroad operates or, in
                       the event of emergency, on
                       adjacent land.
                       DOT, or its officers or employees
                       when excavating, blasting, or
                       operating mechanized excavating
                       equipment anywhere within
                       public road rights of way.




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                                                      Compliance Task Team Research State Statutes


                                    Iowa                                 Kansas                             Kentucky                  Louisiana
Definitions
Mechanical                                                                                       Any equipment or tool energized
Equipment                                                                                        by other than human or animal
                                                                                                 power




One-Call                                                     The statewide communication         "One-Call Center" - a private
Notification Center                                          system operated by an               sector, multi-member protection
                                                             organization which has as one of    notification center providing a
                                                             its purposes to receive             single telephone contact number
                                                             notification of planned             through which an excavator may
                                                             excavation in the state from        contact all operator one-call
                                                             excavators and to disseminate       center members and all affected
                                                             such notification of planned        operators may receive
                                                             excavation to operators who are     information to enable them to
                                                             members and participants.           provide the excavator with the
                                                                                                 approximate location of
                                                                                                 underground facilities.

                                                                                                 "Protection Notification Center" -
                                                                                                 an operator-provided notification
                                                                                                 center through which an
                                                                                                 excavator can contact the
                                                                                                 operator to enable the operator to
                                                                                                 provide the excavator with the
                                                                                                 approximate location of
                                                                                                 underground facilities.


Operator or Owner Person owning or operating an              Any person who owns or operates Any entity or individual owning
                      underground facility including,        an underground facility, except    underground facilities to serve
                      but not limited to, public, private,   for any person who is the owner the public.
                      and municipal utilities. An            of real property wherein is
                      operator does not include a            located underground facilities for
                      person who owns or otherwise           the purpose of furnishing services
                      lawfully occupies real property        or materials only to such person
                      where an underground facility is       or occupants of such property.
                      located only for the use and
                      benefit of the owner or occupant
                      on the property.




Person                                                       Any individual, partnership,
                                                             corporation, association,
                                                             franchise holder, state, city,
                                                             county, or any governmental
                                                             subdivision or instrumentality of
                                                             a state and its employees, agents
                                                             or legal representatives.




                                                                                 30
                                                       Compliance Task Team Research State Statutes


                                    Maine                        Massachusetts                    Maryland                    Michigan
Definitions
Mechanical
Equipment




One-Call
Notification Center




Operator or Owner The owner or operator of any                                         "Owner" - a public utility,
                      underground facility, other than                                 telecommunications or cable
                      an underground oil storage                                       television corporation, political
                      facility as defined in Title 38,                                 subdivision, municipality,
                      section 562-A, subsection 21 or                                  authority, or other person that: (1)
                      an airport aviation fuel hydrant                                 Owns or operates an underground
                      piping system, used in furnishing                                facility; and (2) Has the right to
                      electric, telephone, telegraph, gas,                             bury an underground facility.
                      petroleum transportation or cable
                      television service. "Underground
                      facility operator" does not include
                      a municipality or a public utility
                      with fewer than 5 full- time
                      employees or fewer than 300
                      customers.




Person                An individual, partnership,                                      Any individual, firm, joint
                      municipality, state, county,                                     venture, partnership, corporation,
                      political subdivision, utility, joint                            association, municipality,
                      venture or corporation and                                       governmental unit, department or
                      includes the employer of an                                      agency and shall include any
                      individual.                                                      trustee, receiver, assignee or
                                                                                       personal representative thereof,
                                                                                       provided, however, that nothing
                                                                                       in this section shall apply to any
                                                                                       excavation done by the owner of
                                                                                       a private residence when said
                                                                                       excavation is made entirely on
                                                                                       the land on which the private
                                                                                       residence is situated.




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                                                      Compliance Task Team Research State Statutes


                                 Minnesota                             Mississippi                             Missouri                             Montana
Definitions
Mechanical                                                   "Mechanical Excavating
Equipment                                                    Equipment" - all equipment
                                                             powered by any motor, engine, or
                                                             hydraulic or pneumatic device
                                                             used for excavating and shall
                                                             include but not be limited to
                                                             trenchers, bulldozers, backhoes,
                                                             power shovels, scrapers, drag
                                                             lines, clam shells, augers, drills,
                                                             cable and pipe plows and other
                                                             plowing-in or pulling-in
                                                             equipment.

One-Call                                                     A service through which a person      An organization operating on a        “A service through which a
Notification Center                                          can notify the operator(s) of         not for profit basis, supported by    person may request a locating and
                                                             underground facilities of plans to    its participants, or by more than     marking of underground
                                                             excavate and request marking of       one operator of underground           facilities.”
                                                             facilities, hereinafter referred to   facilities, having as its principal
                                                             as Mississippi One-Call System,       purpose the statewide receipt and
                                                             Inc.                                  dissemination to participating
                                                                                                   owners and operators of
                                                                                                   underground facilities of
                                                                                                   information concerning intended
                                                                                                   excavation activities in the area
                                                                                                   where such owners and operators
                                                                                                   have underground facilities; and
                                                                                                   open to participation by any and
                                                                                                   all such owners and operators on
                                                                                                   a fair and uniform basis.




Operator or Owner Person owning or operating an              Any individual who owns or
                      underground facility including,        operates a utility.
                      but not limited to, public, private,
                      and municipal utilities. An            "Nonmember operator" shall
                      operator does not include a            mean any operator who elects not
                      person who owns or otherwise           to join Mississippi One-Call
                      lawfully occupies real property        System, Inc.
                      where an underground facility is
                      located only for the use and           "Member operator" shall mean
                      benefit of the owner or occupant       any operator who is a member of
                      on the property.                       Mississippi One-Call System,
                                                             Inc.




Person                                                       Any individual, firm, partnership,    Any individual, firm, joint           “An individual, partnership, firm,
                                                             association, trustee, receiver,       venture, partnership, corporation,    joint venture, corporation,
                                                             assignee, corporation, utility,       association, cooperative,             association, municipality,
                                                             joint venture, municipality, state    municipality, political               governmental unit, department, or
                                                             governmental unit, subdivision or     subdivision, governmental unit,       agency, and includes a trustee,
                                                             instrumentality of the state, or      department or agency and shall        receiver, assignee, or personal
                                                             any legal representative thereof.     include a notification center and     representative of the listed
                                                                                                   any trustee, receiver, assignee or    entities.”
                                                                                                   personal representative thereof.




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                                                    Compliance Task Team Research State Statutes


                                  Nevada                              Nebraska                           New Hampshire                           New Jersey
Definitions
Mechanical            "Equipment operated by
Equipment             mechanical power, including a
                      trencher, bulldozer, power shovel,
                      auger, backhoe, scraper, drill,
                      cable or pipe plow or any other
                      equipment used for plowing-in
                      cable or pipe.”




One-Call
Notification Center




Operator or Owner "Any person who owns, operates Person owning or operating an                    Any public utility as defined by     A person owning or operating, or
                      or maintains a subsurface            underground facility including,        RSA 362:2 or RSA 362:4 and any       controlling the operation of an
                      installation.”                       but not limited to, public, private,   cable television system as defined   underground facility, but shall not
                                                           and municipal utilities. An            by RSA 53-C:1, that owns or          include a homeowner who owns
                      Exemption - does include state       operator does not include a            operates underground facilities.     only residential underground
                      D.O.T.                               person who owns or otherwise                                                facilities, such as an underground
                                                           lawfully occupies real property                                             lawn sprinkler system or an
                      Association for operators - "an      where an underground facility is                                            underground structure for a
                      organization that receives           located only for the use and                                                residential low-voltage lighting
                      notifications and transmits such     benefit of the owner or occupant                                            system.
                      notifications to its members."       on the property.




Person                "Includes a government,                                                     Any individual, trust, firm, joint
                      government agency or political                                              stock company, corporation
                      subdivision of a government.”                                               (including a government
                                                                                                  corporation), partnership,
                                                                                                  association, state, municipality,
                                                                                                  commission, United States
                                                                                                  government or any agency
                                                                                                  thereof, political subdivision of
                                                                                                  the state, or any interstate body.




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                                   Compliance Task Team Research State Statutes


                      New Mexico                 New York                          North Carolina                        North Dakota
Definitions
Mechanical
Equipment




One-Call                               An organization among whose
Notification Center                    purposes is establishing and
                                       carrying out procedures and
                                       programs to protect underground
                                       facilities from damage due to
                                       excavation and demolition
                                       including, but not limited to,
                                       receiving notices of intent to
                                       perform excavation and
                                       demolition, and transmitting the
                                       notices to one or more of its
                                       member operators of underground
                                       facilities in the specified area.




Operator or Owner                      A person who operates an            "Utility owner" - any person who      Person owning or operating an
                                       underground facility or facilities owns or operates an underground        underground facility including,
                                       to furnish any of the following     utility.                              but not limited to, public, private,
                                       services or materials: electricity,                                       and municipal utilities. An
                                       gases, steam, liquid petroleum                                            operator does not include a
                                       products, telephone or telegraph                                          person who owns or otherwise
                                       communications, cable television,                                         lawfully occupies real property
                                       sewage removal, traffic control                                           where an underground facility is
                                       systems, or water.                                                        located only for the use and
                                                                                                                 benefit of the owner or occupant
                                                                                                                 on the property.




Person                                 Any individual, firm, corporation,   A corporation, individual, co-
                                       association or partnership,          partnership, company,
                                       cooperative association, joint       association, or any combination
                                       venture, joint stock association,    of individuals or organizations
                                       business trust, their lessees,       doing business as a unit, any
                                       trustees or receivers,               subdivision or instrumentality of
                                       governmental unit or public          the State, and includes any
                                       authority whether or not             officer, agent, trustee, receiver,
                                       incorporated.                        assignee, lessee, or personal
                                                                            representative of any of the above
                                                                            entities.




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                             Compliance Task Team Research State Statutes


                      Ohio               Oklahoma                        Oregon                           Pennsylvania
Definitions
Mechanical
Equipment




One-Call                                                     “Oregon Utility Notification
Notification Center                                          Center" - tThe state agency that
                                                             administers a statewide system
                                                             through which a person can
                                                             notify operators of underground
                                                             facilities of proposed excavations
                                                             and can request that the
                                                             underground facilities be marked.




Operator or Owner                                            "Any person, public utility,         Operator - any individual in
                                                             municipal corporation, political     physical control of powered
                                                             subdivision of the state or other    equipment or explosives when
                                                             person with control over             being used to perform excavation
                                                             underground facilities.”             or demolition work.

                                                             Operator includes any person, as     "Facility owner" - the public
                                                             defined in ORS 756.010, having       utility or agency, political
                                                             the right to bury underground        subdivision, municipality,
                                                             facilities in any public right of    authority, rural electric
                                                             way, or in any utility easement.     cooperative or other person or
                                                                                                  entity who or which owns or
                                                                                                  operates a line. The term does
                                                                                                  not include the DOT within a
                                                                                                  State highway right-of-way.




Person




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                                                       Compliance Task Team Research State Statutes


                                 Rhode Island                       South Carolina                    South Dakota                         Tennessee
Definitions
Mechanical                                                   Equipment operated by means of                                     Equipment operated by means of
Equipment                                                    mechanical power including                                         mechanical power including
                                                             trenchers, bulldozers, power                                       trenchers, bulldozers, power
                                                             shovels, augers, backhoes,                                         shovels, augers, backhoes,
                                                             scrapers, drills, cable and pipe                                   scrapers, drills, cable and pipe
                                                             plows and other equipment used                                     plows and other equipment used
                                                             for plowing-in or pulling-in cable                                 for plowing-in or pulling-in cable
                                                             or pipe.                                                           or pipe.




One-Call            Association - The group of public "Association" - A group of public                                         A telephone notification service
Notification Center utilities formed pursuant to §39- utilities or their representatives or                                     described in §65-31-107 that
                        1.2-4 of this chapter for the        an organization contracting with                                   provides services to its members
                        purpose of receiving and giving      a group of public utilities formed                                 for the purposes of receiving and
                        notice of excavation activity        for the purpose of receiving and                                   distributing notification regarding
                        within the state.                    giving notice of excavation,                                       planned excavations or
                                                             demolition or similar activities in                                demolitions that are required
                                                             the State.                                                         under this chapter.




Operator or Owner                                            Any person who owns or operates Person owning or operating an        Any person who owns or operates
                                                             a utility.                      underground facility including,      a utility.
                                                                                             but not limited to, public, private,
                                                                                             and municipal utilities. An
                                                                                             operator does not include a
                                                                                             person who owns or otherwise
                                                                                             lawfully occupies real property
                                                                                             where an underground facility is
                                                                                             located only for the use and
                                                                                             benefit of the owner or occupant
                                                                                             on the property.




Person                  An individual, partnership,          Any individual, owner,                                             Any individual; any corporation,
                        corporation, association, or a       corporation, partnership,                                          partnership, association or other
                        public utility, including a person   association, or any other entity                                   entity organized under the laws of
                        engaged as a contractor by a         organized under the laws of any                                    any state; any state; any
                        public agency and including a        state; any subdivision or                                          subdivision or instrumentality of
                        public agency.                       instrumentality of a state; and any                                a state; and any employee, agent
                                                             authorized representative thereof.                                 or legal representative thereof.




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                              Compliance Task Team Research State Statutes


                      Texas                     Utah                             Vermont                               Virginia
Definitions
Mechanical
Equipment




One-Call                          "Association" - Two or more                                              An organization whose
Notification Center               operators organized to receive                                           membership is open to all
                                  notification of excavation                                               operators of underground
                                  activities in a specified area                                           facilities located within the
                                                                                                           notification center's designated
                                                                                                           service area, which maintains a
                                                                                                           data base, provided by its
                                                                                                           member operators, that includes
                                                                                                           the geographic areas in which its
                                                                                                           member operators desire
                                                                                                           transmission of notices of
                                                                                                           proposed excavation, and which
                                                                                                           has the capability to transmit,
                                                                                                           within one hour of receipt.
                                                                                                           notices of proposed excavation to
                                                                                                           member operators by teletype,
                                                                                                           telecopy, personal computer, or
                                                                                                           telephone.




Operator or Owner                 A person or entity which owns,                                           Any person who owns, furnishes
                                  operates, or maintains                                                   or transports materials or services
                                  underground facilities.                                                  by means of a utility line.

                                  Operator does not include an
                                  owner of real property where
                                  underground facilities are:
                                  i. located solely within the
                                  property;
                                  ii. used exclusively to furnish
                                  services on property;
                                  iii. maintained under the
                                  operation and control of that
                                  owner.




Person                            Individuals, government entities,   Any individual, trust, firm, joint   Any individual, operator, firm,
                                  corporations, partnerships,         stock company, corporation           joint venture, partnership,
                                  associations, and companies and     including a government               corporation, association,
                                  their trustees, receivers,          corporation, partnership,            municipality, or other political
                                  assignees, and personal             association, state, municipality,    subdivision, governmental unit.
                                  representatives.                    commission, political subdivision    department or agency, and
                                                                      of the state, or any interstate      includes any trustee, receiver,
                                                                      body.                                assignee, or personal
                                                                                                           representative thereof.




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                                                      Compliance Task Team Research State Statutes


                                Washington                          West Virginia                 Wisconsin              Wyoming
Definitions
Mechanical                                                  Any equipment energized by an
Equipment                                                   engine, motor or hydraulic,
                                                            pneumatic or electrical device
                                                            and used in excavation or
                                                            demolition work.
                                                            (Powered Equipment)

                                                            "Equipment operator" means any
                                                            individual in physical control of
                                                            powered equipment or explosives
                                                            when being used to perform
                                                            excavation work or demolition
                                                            work.
One-Call            "A service through which a              A communication system that
Notification Center person can notify underground           receives notification from
                      facility owners and utilities and     excavators of intended excavation
                      request filed marking of              work and prepares and transmits
                      underground facilities.”              such notification to operators of
                                                            underground facilities in
                                                            accordance with this article.
                                                            (One-Call System)

                                                            "Member - a member of a one-
                                                            call system as authorized by this
                                                            article.




Operator or Owner                                           Any person who owns or operates                   Person owning or operating an
                                                            an underground facility used in                   underground facility including,
                                                            the providing or transmission of                  but not limited to, public, private,
                                                            any of the goods or services                      and municipal utilities. An
                                                            described in subsection (l) of this               operator does not include a
                                                            section.                                          person who owns or otherwise
                                                                                                              lawfully occupies real property
                                                                                                              where an underground facility is
                                                                                                              located only for the use and
                                                                                                              benefit of the owner or occupant
                                                                                                              on the property.




Person                "An individual, partnership,          Any individual, firm, joint
                      franchise holder, association,        venture, partnership, corporation,
                      corporation, a state, a city, a       association, state agency, county,
                      county, or any subdivision or         municipality, cooperative
                      instrumentality of a state, and its   association or joint stock
                      employees, agents, or legal           association, and any trustee,
                      representatives.”                     receiver, assignee, agency or
                                                            personal representative thereof.




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    Compliance Task Team Research State Statutes


                             District of Columbia
Definitions
Mechanical
Equipment




One-Call            Any organization among the purposes
Notification Center of which is to notify 2 or more public
                       utility operators of planned excavation
                       activities or demolition in a specified
                       area.




Operator or Owner "Public Utility Operator" - A person,
                       other than an agency of the District of
                       Columbia, who supplies or transports
                       any of the following materials or
                       services by means of a utility line:
                       (A) gas of any kind, including
                       flammable, toxic, or corrosive gas;
                       (B) liquids other than water, including
                       such liquids as coal slurry, petroleum,
                       petroleum products, or other
                       hazardous liquids; (C) electric
                       energy; (D) communication services;
                       (E) sewage disposal and drainage; (F)
                       water; or (G) steam; except the
                       District of Columbia government shall
                       not be included.




Person                 Any individual, firm, joint venture,
                       partnership, corporation, association,
                       agency of the District of Columbia
                       government, and other governmental
                       body or authority, except the United
                       States Government, and shall include
                       any trustee, receiver, assignee, or
                       personal representative thereof.




                            39
                                           Compliance Task Team Research State Statutes


                        Alabama                               Alaska                               Arizona                              Arkansas
Underground   Any cable, pipeline, duct, wire,   A pipe, sewer, conduit, cable,        Any item of personal property         Any line, system, and
Facility      conduit or other similar           valve, line, or wire, including       that is buried or placed below        appurtenance or facility used for
              installation, installed            attachments and those parts of        ground for use in connection with     producing, storing, conveying,
              underground or underwater, by      poles or anchors that are below       the storage or conveyance of          transmitting, or distributing
              which an operator transports or    ground, for use in connection         water, sewage, electronic,            communications, electricity, gas,
              delivers materials, information,   with the storage or conveyance of     telephonic communications,            heat, water, steam, or sewage, but
              or services.                       water, sewage,                        electric energy, oil, gas or other    shall not include cable television
                                                 telecommunications, cable             substances, and shall include but     facilities.
                                                 television, electricity, petroleum,   not be limited to pipes, sewers,
                                                 petroleum products, hazardous         conduits, cables, valves, lines,     "Underground Pipeline facilities" -
                                                 liquids, or flammable, toxic, or      wires, manholes, attachments and     any underground pipeline facility
                                                 corrosive gas.                        those portions of poles and their    used to transport natural gas or
                                                                                       attachments below ground.            hazardous liquids. However, this
                                                                                       Except cross culverts or similar     definition does not apply to
                                                                                       roadways drainage facilities and     persons (including operator’s
                                                                                       landscape irrigation systems of      masters meters) whose primary
                                                                                       one inch in diameter or less         activity does not include the
                                                                                       located in dedicated public rights-  production, transportation, or
                                                                                       of-way or a state highway.           marketing of gas or hazardous
                                                                                                                            liquids or to master metered
                                                                                       Exemption: An owner or               systems whose underground
                                                                                       occupant of real property where facilities do not cross property
                                                                                       underground facilities are buried other than their own or are not
                                                                                       if the facilities are used solely to located under public right-of
                                                                                       furnish services or commodities ways.
                                                                                       to that property and no part of the
                                                                                       facilities is located in a public
                                                                                       street, alley or right-of-way
                                                                                       dedicated to public use.



Utility




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                                            Compliance Task Team Research State Statutes


                        California                           Colorado                             Connecticut                  Florida
Definitions
Underground   "Subsurface Installation“ - Any    “Any item of personal property          Any wire, cable, pipe, vault,
Facility      underground pipeline, conduit,     which is buried or placed below         storage tank, transformer, or other
              duct, wire, or other structure,    ground for use in connection with       similar property or equipment
              except non-pressurized sewer       the storage or conveyance of            owned by public utilities for
              lines, non-pressurized storm       water or sewage, electronic,            furnishing electric, gas,
              drains, or other non-pressurized   telephonic, or telegraphic              telephone, telegraph,
              drain lines.                       communications or cable                 communications and pipeline
                                                 television, electric energy, or oil,    (whether for hire or not), sewage
                                                 gas, or other substances. *“Item        (including storm sewers, sanitary
                                                 of personal property” as used in        sewers and drainage systems, or
                                                 this subsection, includes, but is       parts thereof), water, community
                                                 not limited to, pipes, sewers,          television antenna, steam, traffic
                                                 conduits, cables, valves, lines,        signal, fire signal or similar
                                                 wires, manholes, and attachments        service, regardless of whether
                                                 thereto.”                               such property or equipment is
                                                                                         located on land owned by a
                                                 Exemption: This section shall not       person or public agency or
                                                 apply to any owner or occupant of       whether it is located within an
                                                 real property under which               easement or right of way, but
                                                 underground facilities are buried       excluding such property or
                                                 if such facilities are used solely to   equipment owned by the owner of
                                                 furnish service or commodities to       a private residence for utility
                                                 such real property and no part of       service solely for such residence.
                                                 such facilities is located in a
                                                 public street, county road, alley,
                                                 or right-of-way dedicated to
                                                 public use.




Utility                                                                                  Public Utility - The owner or
                                                                                         operator of underground facilities
                                                                                         for furnishing electric, gas,
                                                                                         telephone, telegraph,
                                                                                         communications and pipeline
                                                                                         (whether for hire or not), sewage
                                                                                         (including storm sewers, sanitary
                                                                                         sewers and drainage systems, or
                                                                                         parts thereof), water, community
                                                                                         television antenna, steam, traffic
                                                                                         signal, fire signal or similar
                                                                                         service, including a municipal or
                                                                                         other public owner or operator,
                                                                                         but excluding facilities owned by
                                                                                         the owner of a private residence,
                                                                                         for utility service solely for such
                                                                                         residence, regardless of whether
                                                                                         such owner or operator is
                                                                                         otherwise subject to the
                                                                                         jurisdiction of the Authority.




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                                             Compliance Task Team Research State Statutes


                          Georgia                                Idaho                   Illinois   Indiana
Definitions
Underground                                         Any item buried or placed below
Facility                                            ground for use in connection with
                                                    the storage or conveyance of
                                                    water, unless being delivered
                                                    primarily for irrigation, sewage,
                                                    electronic, telephonic or
                                                    telegraphic communications,
                                                    cable television, electric energy,
                                                    petroleum products, gas, gaseous
                                                    vapors, hazardous liquids, or
                                                    other substances and including,
                                                    but not limited to, pipes, sewers,
                                                    conduits, cables, valves, lines,
                                                    wires, manholes, attachments,
                                                    and those parts of poles or
                                                    anchors below ground.




Utility       Any person operating or
              maintaining gas pipes or other
              underground utility facilities.

              "Utility facility" - Underground
              mains, pipe, conduits, cables,
              ducts, wires, fiber optic or
              photonic lines, or other structures
              operated or maintained by
              utilities in connection with the
              storage, conveyance, distribution,
              or transmission of gas, electric
              energy, telephone or telegraphic,
              or cable television or video
              communications, water, waste
              water, or sewage.




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                                            Compliance Task Team Research State Statutes


                           Iowa                                Kansas                             Kentucky                            Louisiana
Definitions
Underground   Item of personal property owned      Facility - Any underground line,     A line or system used for          Any pipe, conduit, duct, wire,
Facility      or leased by the operator which is   system or structure used for         producing, storing, conveying,     cable, valve, line fiber optic
              buried or placed below ground for    gathering, storing, conveying,       transmitting, or distributing      equipment or other structure
              use in connection with storage or    transmitting or distributing gas,    telecommunications, electricity,   which is buried or placed below
              conveyance of or the provision of    electricity, communication, crude    gas, petroleum, petroleum          ground or submerged for use in
              supplying water, sewage,             oil, refined or processed            products, cable television,        connection with storage,
              electronic, telephonic, or           petroleum, petroleum products or     hazardous liquids, water, steam,   conveyance, transmission or
              telegraphic communications,          hazardous liquids; facility shall    or sewerage, including storm       protection of electronics
              including natural gas or other       not include, any production          drainage.                          communication system, telephone
              substances and includes but is not   petroleum lead lines, salt water                                        or telegraph system, or fiber
              limited to pipes, sewers, steam,     disposal lines or injection lines,                                      optic, electric energy, oil, natural
              conduits, cables, valves, lines,     which are located on unplatted                                          gas, gases, steam, mixture of
              wires, manholes and attachments      land or outside the corporate                                           gases, petroleum, petroleum
              to such property but does not        limits of any city.                                                     products, hazardous or flammable
              include sanitary sewer laterals,                                                                             fluids/gases, toxic or corrosive
              storm sewer laterals and water                                                                               fluids/gases, hazardous
              service lines providing service to                                                                           fluids/gases or other substances
              abutting private properties                                                                                  of like nature or water or water
                                                                                                                           systems, sewer systems or traffic,
                                                                                                                           drainage control systems, or other
                                                                                                                           items of like nature.




Utility




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                                            Compliance Task Team Research State Statutes


                           Maine                       Massachusetts                 Maryland   Michigan
Definitions
Underground   Any item of personal property
Facility      buried or placed below ground for
              use in connection with the
              storage or conveyance or water,
              sewage, electronic, telephonic or
              telegraphic communications,
              electric energy, oil, gas or other
              substances and including, but not
              limited to, pipes, sewers, conduit,
              cables, valves, lines, wires,
              manholes, attachments,
              appurtenances and those parts of
              poles below ground. This
              definition shall not include
              highway drainage culverts or
              under drains.




Utility       Any public utility as defined in   Company - Natural gas pipeline
              Title 35-A, section 102,           company, petroleum or petroleum
              subsection 13.                     products pipeline company,
                                                 public utility company, cable
              Exemptions - Municipalities or     television company, and
              public utilities with fewer than 5 municipal utility company or
              employees or 300 customers.        department that supply gas ,
              Also exempted are underground electricity, telephone,
              oil storage facilities and airport communication or cable
              fuel hydrant pumping system.       television services or private
                                                 water companies within the city
                                                 or town where such excavation is
                                                 to be made.




                                                                    44
                                            Compliance Task Team Research State Statutes


                        Minnesota                            Mississippi                            Missouri                              Montana
Definitions
Underground   Item of personal property owned      Any underground utility lines and     Any item of personal property         “A facility buried or placed below
Facility      or leased by the operator which is   other items which shall be buried     which shall be buried or placed       ground for use in connection with
              buried or placed below ground for    or placed below ground or             below ground for use in               the storage or conveyance of
              use in connection with storage or    submerged for use in connection       connection with the storage or        water, sewage, electronic,
              conveyance of or the provision of    with underground utility lines and    conveyance of water, storm            telephonic or telegraphic
              supplying water, sewage,             including but not be limited to       drainage, sewage, electronic,         communications, cablevision,
              electronic, telephonic, or           pipes, sewers, conduits, cables,      telephonic, or telegraphic data       fiber optics, electric energy, oil,
              telegraphic communications,          valves, lines, wires, manholes,       communications, cable television,     gas, or other substances. The term
              including natural gas or other       vaults, attachments, and those        electric energy, oil, gas,            includes but is not limited to
              substances and includes but is not   portions of poles below the           hazardous liquids or other            pipes, sewers, conduits, cables,
              limited to pipes, sewers, steam,     ground.                               substances, and shall include but     valves, lines, wires, manholes,
              conduits, cables, valves, lines,                                           not be limited to pipes, sewers,      and attachments to the listed
              wires, manholes and attachments                                            conduits, cables, valves, lines,      items.”
              to such property but does not                                              wires, manholes, attachments and
              include sanitary sewer laterals,                                           those portions of pylons or other
              storm sewer laterals and water                                             supports below ground that are
              service lines providing service to                                         within any public or private
              abutting private properties                                                street, road or alley, right-of-way
                                                                                         dedicated to the public use or
                                                                                         utility easement of record, or
                                                                                         prescriptive easement, except that
                                                                                         gas distribution lines or electric,
                                                                                         telephone, television cable, water,
                                                                                         storm drainage or sewer lines
                                                                                         owned solely by the owner or
                                                                                         owners of the real property to
                                                                                         which such lines provide service
                                                                                         shall not be considered
                                                                                         underground facilities for
                                                                                         purposes of this chapter.

Utility                                            Utility - Any person who
                                                   supplies, distributes or transports
                                                   by means of underground utility
                                                   lines or underground facilities
                                                   any of the following materials or
                                                   services: gas, mixture of gases,
                                                   petroleum, petroleum products or
                                                   hazardous, toxic, flammable or
                                                   corrosive liquids, electricity,
                                                   telecommunications (including
                                                   fiber optics), sewage, drainage,
                                                   water, steam or other substances.

                                                   "Underground Utility Lines" -
                                                   underground or buried cable,
                                                   conduit pipes and related
                                                   facilities for transportation and
                                                   delivery of electricity,
                                                   telecommunications (including
                                                   fiber optics), water, sewage, gas,
                                                   mixtures of gases, petroleum,
                                                   petroleum products or hazardous,
                                                   flammable, toxic or corrosive
                                                   liquids.




                                                                        45
                                             Compliance Task Team Research State Statutes


                          Nevada                              Nebraska                        New Hampshire                            New Jersey
Definitions
Underground   "A pipeline, conduit, cable, duct,   Item of personal property owned      Any property which is buried,        Any public or private personal
Facility      wire, sewer line, storm drain or     or leased by the operator which is   placed below ground, or              property which is buried, placed
              other structure that is located      buried or placed below ground for    submerged on a public way, right-    below ground or submerged on a
              underground.”                        use in connection with storage or    of-way, easement, public street,     right-of-way, easement, public
              (Subsurface Installation)            conveyance of or the provision of    or other public place and is being   street, other public place or
                                                   supplying water, sewage,             used or will be used for the         private property and is being used
                                                   electronic, telephonic, or           conveyance of cable television,      or will be used for the
                                                   telegraphic communications,          electricity, gas, sewerage, steam,   conveyance of water, forced
                                                   including natural gas or other       telecommunications, or water.        sewage, telecommunications,
                                                   substances and includes but is not                                        cable television, electricity, oil,
                                                   limited to pipes, sewers, steam,                                          petroleum products, gas, optical
                                                   conduits, cables, valves, lines,                                          signals, or traffic control, or the
                                                   wires, manholes and attachments                                           transportation of hazardous liquid
                                                   to such property but does not                                             regulated pursuant to the
                                                   include sanitary sewer laterals,                                          Hazardous Liquid Pipeline Safety
                                                   storm sewer laterals and water                                            Act of 1979 but does not include
                                                   service lines providing service to                                        storm drains or gravity sewers.
                                                   abutting private properties




Utility




                                                                       46
                                             Compliance Task Team Research State Statutes


                       New Mexico                               New York                           North Carolina                        North Dakota
Definitions
Underground   Any tangible property which            Pipelines, conduits, ducts, cables,                                         Item of personal property owned
Facility      includes, pipelines, underground       wires, manholes, vaults or other                                            or leased by the operator which is
              utility lines, or cable television     such facilities or their                                                    buried or placed below ground for
              lines and related facilities and is    attachments, which have been                                                use in connection with storage or
              underground and does not include       installed underground by an                                                 conveyance of or the provision of
              residential sprinklers or low-         operator to provide services or                                             supplying water, sewage,
              voltage lighting.                      materials. Such term shall not                                              electronic, telephonic, or
                                                     include oil and gas production                                              telegraphic communications,
              Exemptions - Gathering lines or        and gathering pipeline systems                                              including natural gas or other
              systems operated exclusively for       used primarily to collect oil or gas                                        substances and includes but is not
              the gathering of oil or gas, oil or    production from wells.                                                      limited to pipes, sewers, steam,
              gas products and their by                                                                                          conduits, cables, valves, lines,
              products in any field or area, lines                                                                               wires, manholes and attachments
              or systems constituting a part of                                                                                  to such property but does not
              any tank farm, plant facilities of                                                                                 include sanitary sewer laterals,
              any processing plant or                                                                                            storm sewer laterals and water
              underground storage projects,                                                                                      service lines providing service to
              unless it is located within a                                                                                      abutting private properties
              municipality or in the boundaries
              of an established easement of
              right or way or within the limits
              of any unincorporated city, town
              or village or within any
              designated residential or
              commercial area such as a
              subdivision, business or shopping
              center or community
              development.




Utility       "Underground Utility Line" -                                                  "Underground utility" - any
              Underground conduit or cable,                                                 underground line, system or
              including fiber optics, and related                                           facility used for producing,
              facilities for transportation and                                             storing, conveying, transmitting,
              delivery of electricity, telephonic                                           or distributing communication or
              or telegraphic communications or                                              telecommunications, electricity,
              water                                                                         gas, petroleum and petroleum
                                                                                            products, coal slurry, hazardous
                                                                                            liquids, water under pressure,
                                                                                            steam, or sanitary sewage, but not
                                                                                            including traffic signal control
                                                                                            cables and vehicle detection
                                                                                            cables of the North Carolina
                                                                                            Department of Transportation.




                                                                          47
                     Compliance Task Team Research State Statutes


              Ohio                  Oklahoma                                 Oregon                   Pennsylvania
Definitions
Underground              Any underground line, facility,         "Items partially or entirely below
Facility                 system and appurtenances                the surface of the ground for use
                         thereto, for producing, storing,        in connection with the storage or
                         conveying, transmitting or              conveyance of electrical energy,
                         distributing communication,             water, sewage, petroleum
                         electricity, power, light, heat, gas,   products, gas, gaseous vapors or
                         oil, petroleum products, water          hazardous liquids, or the
                         (including storm water), steam,         transmission of electronic,
                         sewage and other commodities.           telephonic, telegraphic or cable
                                                                 communications. Such items
                                                                 include, but are not limited to,
                                                                 pipes, sewers, conduits, cables,
                                                                 valves, lines, wires, manholes,
                                                                 attachments and those parts of
                                                                 poles or anchors that are
                                                                 underground.




Utility




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                                            Compliance Task Team Research State Statutes


                      Rhode Island                       South Carolina                      South Dakota                           Tennessee
Definitions
Underground                                                                          Item of personal property owned
Facility                                                                             or leased by the operator which is
                                                                                     buried or placed below ground for
                                                                                     use in connection with storage or
                                                                                     conveyance of or the provision of
                                                                                     supplying water, sewage,
                                                                                     electronic, telephonic, or
                                                                                     telegraphic communications,
                                                                                     including natural gas or other
                                                                                     substances and includes but is not
                                                                                     limited to pipes, sewers, steam,
                                                                                     conduits, cables, valves, lines,
                                                                                     wires, manholes and attachments
                                                                                     to such property but does not
                                                                                     include sanitary sewer laterals,
                                                                                     storm sewer laterals and water
                                                                                     service lines providing service to
                                                                                     abutting private properties




Utility       The owner or operator of           Utility - Any underground line,                                          Any line system or facilities used
              underground facilities for         system or facility used for                                              for producing, storing, conveying,
              furnishing electric, gas, or       producing, storing, conveying,                                           transmitting or distributing
              telephone, or water service        transmitting, or distributing                                            communications, electricity, gas,
              including a municipal or other     communication, electricity, gas,                                         petroleum, petroleum products,
              public owner or operator.          petroleum, petroleum products,                                           hazardous liquids, water, steam,
                                                 hazardous liquids, water, steam                                          sewerage and other underground
              (2) Include, for purposes of this or sewerage, including storm                                              utility facilities.
              chapter only, any water company drainage.
              which voluntarily joins the
              association provided for under     "Public utility" means any
              section 39-1.2-4. However, such organization, corporation,
              membership shall not in any way municipality, municipal
              subject such water company to      department, authority or other
              regulation other than as set forth association providing service to
              in this chapter.                   the general public or segments
                                                 thereof with any type of utility.




                                                                      49
                                            Compliance Task Team Research State Statutes


                           Texas                                  Utah                                Vermont                              Virginia
Definitions
Underground   Class A underground facility          Personal property that is buried or   Any pipe, conduit, wire or cable
Facility      means an underground facility         placed below ground level for use     located beneath the surface of the
              that is used to produce, store,       in the storage or conveyance of       earth and maintained by a
              convey, transmit, or distribute (a)   any of the following: (a) water;      company, including the protective
              electrical energy; (b) natural or     (b) sewage; (c) communications,       covering of the pipe, conduit,
              synthetic gas; (c) petroleum or       including electronic, photonic,       wire or cable, as well as any
              petroleum products; (d) steam; (e)    telephonic, or telegraphic            manhole, vault or pedestal
              any form of telecommunications        communications; (d) television,       maintained by a company.
              service, including voice, data,       cable television, or other
              video, or optical transmission, or    telecommunications signals,
              cable television service.             including transmission to
                                                    subscribers of video or other
              Class B underground facility          programming; (e) electric power;
              means an underground facility         (f) oil, gas, or other fluid and
              that is used to produce, store,       gaseous substances; (g) steam;
              convey, transmit, or distribute:      (h) slurry; or (i) dangerous
              (a) water; (b) slurry; or (c)         materials or products.
              sewage movement or removal of
              earth using mechanical
              excavating equipment or blasting
              and includes augering backfilling,
              digging, ditching, drilling,
              grading, plowing in, pulling in,
              ripping, scraping, trenching and
              tunneling.




Utility                                                                                   Company - Any public utility          Any item of public or private
                                                                                          company which supplies gas,           property which is buried or
                                                                                          electricity, or telephone service     placed below ground or
                                                                                          and which maintains                   submerged for use in connection
                                                                                          underground utility facilities, and   with the storage or conveyance of
                                                                                          any cable television company          water, sewage,
                                                                                          operating a cable television          telecommunications, electric
                                                                                          system as defined in 30 V.S. A.       energy, cable television, oil,
                                                                                          SEC. 501 and which maintains          petroleum products. gas, or other
                                                                                          underground facilities.               substances, and includes but is
                                                                                                                                not limited to pipes, sewers,
                                                                                                                                combination storm/sanitary sewer
                                                                                                                                system, conduits, cables, valves,
                                                                                                                                lines, wires, manholes,
                                                                                                                                attachments, and those portions
                                                                                                                                of poles below ground. The term
                                                                                                                                "sewage" as used herein does not
                                                                                                                                include any gravity storm
                                                                                                                                drainage systems.

                                                                                                                                Except for any publicly owned
                                                                                                                                gravity sewer system within a
                                                                                                                                county which has adopted the
                                                                                                                                urban county executive form of
                                                                                                                                government, the term "utility
                                                                                                                                line" does not include any gravity
                                                                                                                                sewer system or any combination
                                                                                                                                gravity storm sanitary sewer
                                                                                                                                system within any counties,
                                                                                                                                cities, towns or political
                                                                                                                                subdivisions constructed or
                                                                                                                                replaced prior to January 1, 1995.




                                                                         50
                                           Compliance Task Team Research State Statutes


                       Washington                         West Virginia                 Wisconsin             Wyoming
Definitions
Underground   "Any item buried or placed below    Any underground pipeline                          Item of personal property owned
Facility      ground for use in connection with   facility, owned by a utility and                  or leased by the operator which is
              the storage or conveyance of        regulated by the public service                   buried or placed below ground for
              water, sewage, electronic,          commission, which is used in the                  use in connection with storage or
              telephonic or telegraphic           transportation or distribution of                 conveyance of or the provision of
              communications, cablevision,        gas, oil or a hazardous liquid; any               supplying water, sewage,
              electric energy, petroleum          underground pipeline facility,                    electronic, telephonic, or
              products, gas, gaseous vapors,      owned by a company subject to                     telegraphic communications,
              hazardous liquids, or other         the jurisdiction of the federal                   including natural gas or other
              substances and including but not    energy regulatory commission,                     substances and includes but is not
              limited to attachments, and those   which is used in the gathering,                   limited to pipes, sewers, steam,
              parts of poles or anchors below     transportation or distribution of                 conduits, cables, valves, lines,
              ground.”                            gas, oil or a hazardous liquid; any               wires, manholes and attachments
                                                  underground facility used as a                    to such property but does not
                                                  water main, storm sewer,                          include sanitary sewer laterals,
                                                  sanitary, sewer or steam line; any                storm sewer laterals and water
                                                  underground facility used for                     service lines providing service to
                                                  electrical power transmission or                  abutting private properties
                                                  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 a
                                                  bridge, a pole or other span, or on
                                                  the surface of the ground, any
                                                  appurtenance, device, cathodic
                                                  protection system, conduit,
Utility                                           protective casing or housing used




                                                                       51
    Compliance Task Team Research State Statutes


                          District of Columbia
Definitions
Underground         Any item of personal property which
Facility            is buried or placed below ground, or
                    submerged for use in connection with
                    the storage or conveyance of water,
                    sewage, electronic, telephonic, or
                    teletype communications, electric
                    energy, oil, gas, or other substances,
                    and shall include, but not be limited
                    to, pipes, sewers, conduits, cables,
                    valves, lines, wires, manholes,
                    attachments, and those portions of
                    poles located below the ground.




Utility             "Utility line" - Any cable, pipeline, or
                    other conduit installed underground
                    by which a public utility operator
                    furnishes materials or services.




                         52
                                                   Compliance Task Team Research State Statutes


                           Alabama                                Alaska                             Arizona                            Arkansas
Pre-Marking for No, if excavator elects to pre-                                          Excavators are required to use the Yes; also require colors (not pink)
Excavation (White mark, must use white or natural                                        color white.
                  color wooden stakes.
Lining)




Safe Excavating      Non-invasive methods             42.30.410.                          Within 24" of the underground      Can’t use mechanized equipment
Practices            (contractors wouldn’t allow      An excavator may not begin to       facility located and marked, the   in safety zone without approval of
                     hand digging to be used).        excavate until each underground     exact location is manually         utility operator; safety zone is18
                                                      facility has been field marked.     determined, and the uncovered      inches either side of utility
                     18-inch safety zone.                                                 facility is supported and
                                                      If an excavator finds an unmarked protected.
                                                      or inaccurately marked facility,
                                                      the excavation must stop in the     Definition -
                                                      vicinity of the facility and the    "Careful and Prudent Manner" -
                                                      “operator” must be notified         Conducting excavation in such a
                                                      directly or through the “center”. way that when it is w/in 24" of
                                                                                          the underground facility located
                                                      42.30.430                           and marked by the owner or
                                                      (1) determine, without damaging, operator, by stakes, paint or in
                                                      the precise location                some customary manner, the
                                                      (2) plan excavation to avoid        exact location is manually
                                                      damage and interference with        determined and the uncovered
                                                      other facilities                    facility is supported and
                                                      (3) protect facilities from damage. protected.




                                                                           53
                                                   Compliance Task Team Research State Statutes


                            California                          Colorado                    Connecticut                 Florida
Definitions for 4216.2.(a) (b)&(e)
Pre-Marking                                                                        None
Excavation (White Required unless impractical
Lining)           Exemption: Not required where
                    marking could be misleading,
                    misinterpreted as traffic control,
                    where the exact excavation
                    location cannot be pre-
                    determined, where it could be
                    duplicative. If not pre-marked
                    the excavator must provide to the
                    ”center”...” another manner
                    sufficient”... in which
                    “operators”... can.. “determine the
                    area of excavation”... prior to
                    marking the facilities. (4216.2)

Safe Excavating     4216.4                                                         Sec. 16-354
Practices           Requires use of “hand tools”                                   Shall exercise reasonable care; if
                    within 24” of each side of facility                            gas facilities are likely to be
                    as marked (see exemptions) but                                 exposed, only hand
                    only to the point of non-conflict                              digging shall be employed.
                    w/excavation.

                    Exemption: Hand digging not
                    required for pavement removal if
                    no facilities in pavement & not
                    required if facility operator gives
                    permission to use power
                    excavating equipment within the
                    “approximate location” (24” to
                    each side and to any depth).
                    (4216.4)




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                                                Compliance Task Team Research State Statutes


                              Georgia                               Idaho                             Illinois                Indiana
Definitions for N/A
Pre-Marking                                            N/A                                 No                    Yes
Excavation (White
Lining)




Safe Excavating   25-9-8                               §55-2203(2).                        Not Addressed         If clearance is less than 2 feet,
Practices         Persons engaged in blasting or in    Excavators shall not excavate                             expose only through hand
                  excavating with mechanized           until all known facilities have                           digging, air cutting or vacuum
                  excavating equipment shall not       been marked. Once marked by                               excavation.
                  strike, damage, injure, loosen, or   the owner of the underground
                  remove lateral support from or       facility, the excavator is
                  around any gas pipe or other         responsible for maintaining the
                  underground utility facility which   markings.
                  has been staked or marked in
                  accordance with this chapter,       55-2205
                  provided, however, that nothing     (1). Project owners shall indicate
                  in this chapter shall be construed  in bid or contract documents the
                  or applied to limit or reduce the   existence of underground
                  duty of a person engaged in         facilities known by the project
                  blasting or excavating in the       owner to be located within the
                  vicinity of gas pipes or other      proposed area of excavation. (2)
                  underground utility facilities,     An excavator shall use reasonable
                  irrespective of whether the same    care to avoid damaging
                  have been staked or marked as       underground facilities. An
                  provided in this chapter.           excavator shall: (a) Determine by
                                                      a hand digging, in the area of
                  Definitions                         twenty-four (24) inches or less
                  "Blasting" - Any operation by       from the facilities, the precise
                  which the level or grade of land is actual location of underground
                  changed or by which earth, rock, facilities which have been
                  buildings, structures, or other     marked; (b) plan the excavation
                  masses or materials are             to avoid damage to or minimize
                  demolished, moved or removed interference with underground
                  by the detonation of dynamite or facilities in and near the
                  any other explosive agent.          excavation area; and (c) provide
                                                      such support for the underground
                                                      facilities in and near the




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                                               Compliance Task Team Research State Statutes


                               Iowa                             Kansas                             Kentucky                              Louisiana
Definitions for N/A
Pre-Marking                                         Not required excavations less       Section 6(7).                       Use white paint as marking under
Excavation (White                                   than 500 feet in length.            Upon request by an operator, an American Public Works
                                                                                        excavator shall mark the            Association guidelines.
Lining)                                                                                 boundaries of the location to be
                                                                                        excavated using the procedure set
                                                                                        forth in Section 5(5) of this Act
                                                                                        [see marking standards]. This
                                                                                        marking shall not alter, or relieve
                                                                                        the excavator from complying
                                                                                        with, the requirements of [the
                                                                                        entire statute].




Safe Excavating   Hand dig if required by operator. When excavating in close            Section 6(3).                          Maintain a safe clearance
Practices                                           proximity to underground            The excavator shall inform and         between the underground
                                                    facilities, the excavator must      provide to each work site              facilities or utilities and the
                                                    exercise reasonable precaution to   employee the facility location and     cutting edge or point of any
                                                    protect underground facilities.     safety information provided by         power or mechanized equipment,
                                                                                        each operator.                         taking into account the known
                                                                                                                               limit of control of the cutting
                                                                                        Section 6(4).                          edge or point to avoid damage to
                                                                                        The excavator shall protect and        facilities.
                                                                                        preserve temporary underground
                                                                                        facility markers until the
                                                                                        scheduled work is completed.

                                                                                        Section 6(5).
                                                                                        Each excavator shall request each
                                                                                        operator to remark its facilities if
                                                                                        the temporary facility markers
                                                                                        become non-functional or the
                                                                                        excavator materially alters his
                                                                                        work plan or location.




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                                              Compliance Task Team Research State Statutes


                               Maine                      Massachusetts                            Maryland                            Michigan
Definitions for Required to allow utility
Pre-Marking                                       Required of all excavations less      N/A                                Do not use the color white for
Excavation (White operators to know approximate   than 500 feet in length.                                                 proposed excavation.
                  boundaries of excavation.
Lining)                                           Premark - To delineate the                                               Use high visibility safety pink for
                                                  general scope of the excavation or                                       land survey monumentation.
                                                  boring on the paved surface of the
                                                  ground using white paint, or
                                                  stakes or other suitable white
                                                  markings on nonpaved surfaces.
                                                  No premarking shall be
                                                  acceptable if such marks can
                                                  reasonably interfere with traffic
                                                  or pedestrian control or are
                                                  misleading to the general public.



Safe Excavating                                   When excavating in close              Exercise due care to avoid        Hand dig (test holes) if facilities
Practices                                         proximity to underground              interference with or damage to an are to be exposed/likely to be
                                                  facilities, and such facilities are   underground facility that an      exposed; support of facilities.
                                                  to be exposed, non-mechanical         owner has marked
                                                  means shall be employed to avoid
                                                  in locating such facilities and any
                                                  further excavation shall be
                                                  performed employing reasonable
                                                  precautions to avoid damage to
                                                  underground facilities including
                                                  but not limited to : weakening of
                                                  structural or lateral support,
                                                  penetration or damage to facilities
                                                  or protective coatings.




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                                                Compliance Task Team Research State Statutes


                            Minnesota                          Mississippi                           Missouri                              Montana
Definitions for N/A
Pre-Marking                                          No - recommends pre-marking         319.025(3).                            An excavator shall locate and
Excavation (White                                                                        If the excavator is engaged in         mark the area to be excavated if
                                                                                         trenching, ditching, drilling, well-   requested by the facility owner or
Lining)                                                                                  drilling or driving and, if upon       the owner's representative. If an
                                                                                         notification by the excavator as       excavator discovers an
                                                                                         provided under section 310.026         underground facility that has not
                                                                                         [see timing], the owner or             been located and marked, the
                                                                                         operator notifies the excavator        excavator shall stop excavating in
                                                                                         that the area of excavation cannot     the vicinity of the facility and
                                                                                         be determined from the                 notify the facility owner or the
                                                                                         description provided by the            one-call notification center.
                                                                                         excavator, the excavator shall
                                                                                         mark the proposed area of
                                                                                         excavation prior to marking of
                                                                                         location by the owner or operator
                                                                                         of the facility.

Safe Excavating   Precise location if digging w/in 2 Safety zone is 18 inches each side 319.030(3)                              A registered land surveyor or a
Practices         ft of facility                     of utility; excavator should use   In the event that a person owning       person under the supervision of a
                                                     cautious or prudent manner         or operating an underground             registered land surveyor may
                                                                                        facility fails to comply with the       hand dig for shallow survey
                                                                                        provisions of subsection 1 of this      monuments at a depth of 12
                                                                                        section [see marking standards]         inches or less below the road
                                                                                        after notice given by an excavator      surface of a highway or at the
                                                                                        in compliance with section              intersection of the center lines of
                                                                                        310.026 [see timing], the               public streets. The registered
                                                                                        excavator, prior to commencing          land surveyor, prior to hand
                                                                                        the excavation, shall directly          digging, shall obtain proper
                                                                                        contact the appropriate owners or       approval from the appropriate
                                                                                        operators of underground                governing authority regarding
                                                                                        facilities to obtain location           safety and pavement repair and,
                                                                                        information or special                  when appropriate, shall reference
                                                                                        instructions for proceeding with        the monument upon exposure.
                                                                                        the excavation at that location. If,
                                                                                        after receipt of the direct contact
                                                                                        by the excavator, the owner or
                                                                                        operator of an underground
                                                                                        facility fails to provide the
                                                                                        excavator with location
                                                                                        information or special
                                                                                        instructions during the next
                                                                                        working day, the excavator may
                                                                                        commence the excavation.
                                                                                        Nothing in this subsection shall
                                                                                        excuse the excavator from
                                                                                        exercising the degree of care in
                                                                                        making the excavation as is
                                                                                        otherwise required by law.




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                                                 Compliance Task Team Research State Statutes


                                Nevada                        Nebraska                  New Hampshire                           New Jersey
Definitions for
Pre-Marking         455.1101.b.2.                    N/A                                                              Where appropriate to provide
Excavation (White   Excavator cooperates by “Making                                                                   clarification, an excavator shall
                    a reasonable effort...to mark in                                                                  mark and identify the perimeter
Lining)             white paint, or another method                                                                    of the proposed site of the
                    .agreed to (with operator), the                                                                   excavation by the color white
                    area of excavation....”                                                                           prior to notifying the One-Call
                                                                                                                      Damage Prevention System of his
                                                                                                                      intent to engage in excavation or
                                                                                                                      demolition.




Safe Excavating     455.137.1.                        N/A                        PUC 806.01                           An excavator shall not operate
Practices           “…before using...mechanical                                  Inside tolerance zone excavation     any mechanized equipment
                    equipment (excavator shall),                                 shall be performed with              within two feet horizontally of the
                    determine the exact location of a                            procedures and equipment that        outside wall of any underground
                    subsurface installation...by                                 shall ensure the facility does not   facility ;marked in accordance
                    excavating with hand tools or by                             sustain damage (hand shoveling,      with the provisions of this act, or
                    (other method agreed to                                      vacuum excavation, etc.)             marked in accordance with any
                    w/operator)...within the                                                                          rule, regulation , or order adopted
                    approximate location...”                                                                          pursuant to this act, unless the
                                                                                                                      underground facility has first
                    455.137.3.                                                                                        been located by hand digging.
                    "If not locatable by hand tools,                                                                  Mechanized equipment shall be
                    excavator shall request, and                                                                      used with proper care and under
                    operator shall respond within 1                                                                   adequate supervision to avoid
                    working day, any added                                                                            damage to the underground
                    information that is available to                                                                  facility.
                    enable the excavator to determine
                    the exact location."




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                                     Compliance Task Team Research State Statutes


                        New Mexico                 New York                          North Carolina                     North Dakota
Definitions for N/A
Pre-Marking                              764-2.                               Law requires following APWA         N/A
Excavation (White                        Prior to any excavation or           color codes; white is listed in
                                         demolition, the excavator shall      APWA for pre-marking so some
Lining)                                  verify the precise location of the   interpret this as a requirement for
                                         underground facilities in a          pre-marking
                                         manner set forth in the rules and
                                         regulations adopted by the public
                                         service commission pursuant to
                                         section one hundred nineteen-b of
                                         the public service law.




Safe Excavating   N/A                                                         Take due caution in safety zone Careful and prudent manner.
Practices                                                                     (trying to pass new law to require
                                                                              hand dig); 30 inches either side
                                                                              plus width of utility.




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                                 Compliance Task Team Research State Statutes


                          Ohio                 Oklahoma                             Oregon                            Pennsylvania
Definitions for
Pre-Marking                          N/A                                0040 (1)                              A contractor shall use the color
Excavation (White                                                        “…prior to notifying the (center),   white to mark a proposed
                                                                        an excavator shall pre-mark with      excavation site when exact site
Lining)                                                                 the color white the immediate         information cannot be provided.
                                                                        area of the proposed excavation
                                                                        within both the public rights-of-
                                                                        way and underground easements




Safe Excavating     N/A              The excavator shall hand dig test 0090                                   To exercise due care; and to take
Practices                            holes to determine the precise    Excavators must maintain marks         all reasonable steps necessary to
                                     location.                         to ensure marks remain effective       avoid injury to or otherwise
                                                                       for life of project and can be re-     interfere with all lines where
                                                                       established.                           positions have been provided to
                                                                                                              the contractor by the facility
                                                                        Stop excavating and notify the        owners pursuant to clause (5) of
                                                                        (center) for re-marks if any          section 1.
                                                                        facility mark is removed or no
                                                                        longer visible, and employ hand    Within the tolerance zone or if
                                                                        tools or other such non-invasive   insufficient information is
                                                                        methods to determine the exact     available pursuant to clause (5) of
                                                                        location … when excavation is      section 2, the contractor shall
                                                                        made within the reasonable         employ prudent techniques,
                                                                        accuracy zone.                     which may include hand-dug test
                                                                                                           holes, to ascertain the precise
                                                                        Provide lateral and subjacent      position of such facilities, which
                                                                        support for underground facilities shall be paid for by the owner
                                                                        as reasonably necessary for        pursuant to clause (15) of this
                                                                        protection of such facilities.     section.

                                                                        Excavator to call 911 if a damage
                                                                        causes an emergency.




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                                               Compliance Task Team Research State Statutes


                        Rhode Island                       South Carolina              South Dakota                        Tennessee
Definitions for Not required.
Pre-Marking                                        N/A                         Only if unable to provide clear   Recommends - doesn’t require.
Excavation (White                                                              location.
Lining)




Safe Excavating   When excavating in close           N/A                       Hand digging.                     Within safety zone requires hand
Practices         proximity to underground                                                                       digging 24 inches on either side
                  facilities, the excavator must                                                                 plus size of utility.
                  exercise reasonable precaution to
                  protect underground facilities. In
                  attempting to locate facilities,
                  only non-mechanical means may
                  be used.




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                                Compliance Task Team Research State Statutes


                        Texas                     Utah                              Vermont                              Virginia
Definitions for N/A
Pre-Marking                         54-8a-4(3)                           Not required.                       In the event that a specific
Excavation (White                   If the proposed excavation's                                             location cannot be given, the
                                    anticipated location and                                                 excavation boundary or route
Lining)                             dimensions cannot be described                                           shall be marked by means of
                                    as required under subsection                                             white paint, if practical.
                                    (2)(c) [see timing], an excavator
                                    must mark the proposed
                                    excavation site in white.




Safe Excavating   N/A               54-8a-5(e):                          When excavating in close            The excavator shall exercise due
Practices                           For the situation described under    proximity to underground            care at all times to protect
                                    subsection 2(a)(ii), [see            facilities, the excavator must      underground utility lines, and
                                    exemptions - cannot locate with      exercise reasonable precaution to   shall take all reasonable steps
                                    standard devices] the excavator      protect underground facilities.     necessary to properly protect,
                                    and operator shall agree on a plan                                       support, and backfill underground
                                    of excavation designed to prevent                                        utility lines. This protection shall
                                    damage to the operator's                                                 include but may not be limited to
                                    underground facilities.                                                  hand digging.
                                    Notwithstanding the agreement,
                                    the excavator shall proceed in a
                                    manner that is reasonably
                                    calculated to avoid damage to the
                                    underground facilities.

                                    54-8a-5.5 (1)-(2).
                                    An excavator may not use any
                                    power-operated or power-driven
                                    excavation or boring equipment
                                    within 24 inches of the markings
                                    made in accordance with section
                                    54-8a-5 before the excavator has
                                    determined the exact location of
                                    the underground facilities by
                                    excavation with hand tools.

                                    Power-operated or power-driven
                                    excavation or boring equipment
                                    may be used for the removal of
                                    any existing pavement if there are
                                    no underground facilities
                                    contained in the pavement.




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                                                Compliance Task Team Research State Statutes


                           Washington                           West Virginia                          Wisconsin                      Wyoming
Definitions for N/A
Pre-Marking                                            No requirement noted, but             Pink for temporary survey      N/A
Excavation (White                                      "white" is listed as the color, for   markings.
                                                       proposed excavations.
Lining)




Safe Excavating   19.122.020 (12)                      Perform all excavation work to        Maintain 18" clearance between Careful and prudent manner
Practices         Hand, vacuum, or other               avoid damage to underground           facility and cutting edge or point
                  “nondestructive” digging means       facilities, including hand digging,   of any power-operated excavating
                  within “reasonable accuracy”         when necessary. Provide such          or earth-moving equipment.
                  (24” to each side of marked          support as may be necessary for
                  facility).                           underground facilities at work
                                                       site.
                  Reasonable Care - "Means, but is
                  not limited to, excavation in such   Hand digging - Any excavation
                  a way that anytime the excavation    involving nonmechanized tools or
                  is within 24” form an                equipment. Hand digging
                  underground facility, the precise    includes, but is not limited to,
                  location of the facility is first    digging with shovels, picks, and
                  determined by either hand            manual post hole diggers.
                  digging, vacuum, or other
                  nondestructive means of
                  excavation to precisely locate the
                  underground facility.”




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   Compliance Task Team Research State Statutes


                         District of Columbia
Definitions for N/A
Pre-Marking
Excavation (White
Lining)




Safe Excavating    43-1704(d).
Practices          When the actual excavation or
                   demolition operation enters the
                   immediate vicinity of an underground
                   facility or utility line transporting
                   natural gas, the person responsible for
                   the excavation or demolition shall
                   expose the underground facility or
                   utility line by hand digging; provided,
                   that a test pit hand dug by the District
                   government, which locates the utility
                   line, shall meet the requirements of
                   this subsection.

                   43-1705(a).
                   Each person responsible for
                   excavation or demolition operation
                   shall:
                   (1) Plan the excavation to avoid
                   damage or minimize interference with
                   underground facilities in and near the
                   construction area; (2) Maintain a
                   clearance between an underground
                   facility and the cutting edge point of
                   any mechanized equipment, taking
                   into account the known limit of
                   control of such cutting edge or point
                   as may be reasonably necessary to
                   avoid damage to such underground
                   facility; and (3) provide such support
                   for underground facilities in and near
                   the construction area, including




                        65
                                            Compliance Task Team Research State Statutes


                       Alabama                                Alaska                              Arizona                              Arkansas
Membership   Voluntary (utilities can use        No mandatory membership - the         Every public utility, municipal     Mandatory for all regulated
             either One-Call or their own        excavator is responsible for          corporation, underground facility   utilities (gas, power, phone, etc.);
             program)                            contacting facility operators even    owner or person having the right    not water.
                                                 if they are not a one-call center     to bury underground facilities
                                                 member.                               shall be a member of a one-call     Exemptions - Water can exempt
                                                                                       notification center.                if created prior to 1989.
                                                 Operators must accept locate
                                                 requests during their regular                                             Wastewater, cable TV (cable
                                                 business hours.                                                           doesn’t consider itself a utility).




Marking      Anything greater than 2 inches   Operators must notify or mark to Marking the location of an         N/A
Standards    must mark size of utility &      “reasonable accuracy”, if cannot underground facility by the colors
             letters/logo to identify owner ofmark, operator must give “best   established by the commission.
(facility)   utility.                         information” & provide on-site
                                              assistance to excavator until
             Mark - the use of stakes, flags, located or excavator no longer
             paint, buoys or clearly          needs assistance to locate.
             identifiable materials placed on
             the surface of the ground or     42.30.400
             water to show the approximate Operator shall use stakes, paint,
             location of underground          or other clearly identifiable
             facilities.                      material to show the field
                                              location.

                                                 Must follow current APWA code.

                                                 42.30.410 (e)
                                                 Excavator must maintain marking
                                                 & operators can recoup costs if re-
                                                 marking requested.




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                                             Compliance Task Team Research State Statutes


                         California                           Colorado                             Connecticut                  Florida
Definitions
Membership    4216.1                              9-1.5-105 Notification                  Sec.16-348
               “Every operator of a subsurface    Association - structure and             Public utilities of the state shall
              installation, except the            funding requirements-duties of          under the direction of the DPUC
              Department of Transportation,       owners and operators.                   operate a clearinghouse to receive
              shall become a member of and        (1) There is hereby created a           and give notice.
              share in the costs of, an one-call  nonprofit corporation in the State
              center."                            of Colorado, referred to in this
                                                  Article as the "Notification
              Exemption:                          Association," which shall consist
              Operator - State D.O.T. &           of all owners or operators of
              nonpressurized sewer & drain        underground facilities. All such
              operators. (4216.1)                 owners and operators shall join
              0wners of real property where       the Notification Association and
              subsurface facilities are           shall participate in a statewide
              exclusively located if they are     program which utilizes a single
              used exclusively to furnish         toll-free telephone number which
              services on that property and the excavators can use to notify the
              subsurface facilities are under the Notification Association of
              operation and control of that       pending excavation plans, upon
              owner. (4216(g))                    its organization and
                                                  incorporation. The Association
                                                  shall file a letter to such effect
                                                  with the Public Utilities
                                                  Commission so that the
                                                  Commission may refer inquiries
                                                  arising under this article to an
                                                  appropriate person.

                                                   (2) All underground facility
                                                   owners and operators shall be
                                                   members of the Notification
Marking       Refers to APWA code.                 Associationor operator receiving
                                                   Any owner which shall be               Sec.16-351
Standards     (4216.3.(b))                         notice pursuant to subsection (3)      The public utility receiving notice
                                                   of this section shall advise the       shall mark the approximate
(facility)                                         excavator of the location and size     location of its underground
                                                   of any underground facilities in       facilities in such manner and
                                                   the proposed excavation area by        using such methods, including
                                                   marking the location of the            color coding as the dept may
                                                   facilities with clearly identifiable   prescribe by regulation.
                                                   markings within eighteen inches
                                                   horizontally from the exterior
                                                   sides of any such facilities. Such
                                                   markings shall include the depth,
                                                   if known, and shall be made
                                                   pursuant to the uniform color
                                                   code as approved by the utility
                                                   location and coordinating council
                                                   of the American public works
                                                   association. In the event any
                                                   person is involved in excavating
                                                   across a preexisting underground
                                                   facility, the owner of such facility
                                                   shall, upon a predetermined
                                                   agreement at the request of the
                                                   excavator or the owner, provide
                                                   on-site assistance.




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                                              Compliance Task Team Research State Statutes


                          Georgia                                  Idaho                              Illinois                            Indiana
Definitions
Membership    29-9-4. (a) and (b)                    55-2204.                           Mandatory                            Voluntary
              All utilities operating or             Two or more persons who own or
              maintaining underground utility        operate underground facilities in
              facilities within the state shall      a county may voluntarily
              participate as members in and          establish or contract with a third
              cooperate with the utilities           person to provide a one-number
              protection center. No duplicative      locator service to maintain
              center shall be established. The       information concerning
              activities of the center shall be      underground facilities within a
              funded by all utilities.               county.

              The utilities protection center        Upon the establishment of the
              shall maintain a list showing the      first such one-number service, all
              counties within which its              others operating and maintaining
              participating utilities maintain       underground facilities within said
              gas pipes and other underground        county shall participate and
              utility facilities. The center shall   cooperate with the service, and
              also maintain a list of the name,      no duplicative service shall be
              address, and telephone number of       established pursuant to this
              the office, department, or other       chapter.
              source from or through which
              information respecting the             The activities of the one-number
              location of gas pipes and other        locator service shall be funded by
              underground utilities facilities of    all the underground facility
              its participating utilities may be     owner/operators required by the
              obtained during business hours         provisions of this section to
              on business days.                      participate in and cooperate with
                                                     the service.




Marking       25-9-7.                                55-2203(2).                          18" on either side of the physical 24" (location = 2' on either side of
Standards     Within 72 hours, excluding hours       Upon receipt of the notice           plant.                             the outer limits of the physical
              during days other than business        provided for in this section, the                                       plant).
(facility)    days, following receipt by the         owner of the underground facility
              utilities protection center of         shall provide the excavator with
              actual notice filed in accordance      reasonably accurate information
              with Code section 25-9-6               as to its locatable underground
              [timing] each utility shall stake or   facilities by surface-marking the
              otherwise mark the surface of the      location of the facilities. If there
              tract or parcel of land to indicate    are identified but unlocatable
              the location of gas pipes or other     underground facilities, the owner
              underground utility facilities.        of such facilities shall provide the
                                                     excavator with the best available
              25-9-7.                                information as to their locations.
              Such markings shall be in
              accordance with the following          Once marked by the owner of the
              color code: (1) Safety Red shall       underground facility, the
              be used to mark electric power         excavator is responsible for
              distribution and transmission          maintaining the markings
              facilities; (2) High visibility
              Safety Yellow shall be used to         Exemption - 55-2210.
              mark gas and oil distribution and      The notification and marking
              transmission facilities; (3) Safety    provisions of this chapter may be
              Alert Orange shall be used to          waived for one or more
              mark telephone, telegraph, cable       designated persons by an
              television, video, and other           underground facility owner with
              telecommunications facilities; (4)     respect to all or part of that
              Safety Precaution Blue shall be        underground facility owner's own
              used to mark water sewer systems       underground facilities
              facilities; and (5) Safety Green
              shall be used to mark sewer
              systems facilities.                    Mark - the use of stakes, paint, or




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                                               Compliance Task Team Research State Statutes


                             Iowa                               Kansas                     Kentucky                              Louisiana
Definitions
Membership    Operators with underground             Operators of underground   Section 5.                            Each operator of an underground
              facility (i.e., water, sewer, elect,   facilities.                (1) Each operator shall provide       facility, excluding cable
              gas, oil)                                                         protection notification center        television but, including all state
                                                                                access to excavators.                 agencies and political subdivision
                                                                                                                      of the state.
                                                                                (2) Voluntary operator
                                                                                membership in a one-call              Voluntary participation of
                                                                                protection notification center        incorporated municipalities or
                                                                                shall satisfy the requirement of      parish governments which own or
                                                                                subsection (1) of this section.       operate underground facilities.




Marking       18”                                    Standard Colors            Section 5(5).                         Marking the location of an
Standards     APWA color code                                                   Temporary underground facility        underground facility by the colors
                                                                                markers shall consist of paint,       established by the commission.
(facility)                                                                      chalk, flags, stakes, or any          Colors are restricted to the
                                                                                combination thereof and shall         underground facility location.
                                                                                conform to the following color
                                                                                code: (a) Electric power
                                                                                distribution and transmission
                                                                                Safety Red (b) municipal electric
                                                                                systems Safety Red (c) Gas
                                                                                distribution and transmission
                                                                                High visibility safety yellow (d)
                                                                                oil distribution and transmission
                                                                                High visibility safety yellow (e)
                                                                                dangerous materials, product
                                                                                lines High visibility safety yellow
                                                                                (f) telecommunication system
                                                                                Safety alert orange (g) cable
                                                                                television Purple (h) Police and
                                                                                fire communications Safety alert
                                                                                orange (i) Water systems Safety
                                                                                precaution blue (j) Sewer and
                                                                                storm drainage systems Safety
                                                                                green (k) Proposed excavation or
                                                                                construction boundaries White.




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                                         Compliance Task Team Research State Statutes


                          Maine                     Massachusetts                         Maryland               Michigan
Definitions
Membership    Operators of underground       Those meeting the definition of   Owner                 Mandatory
              facilities.                    "Company".




Marking       Standard colors.               Red - electric power lines, cables, Standard Colors     18" (on either side of the facility)
Standards                                    conduit or light cables; yellow -
                                             gas, oil street petroleum, or other
(facility)                                   gaseous materials; orange -
                                             communications cables or
                                             conduit, alarm or signal lines;
                                             blue - water, irrigation and slurry
                                             lines; green - sewer and drain
                                             lines; white - premark of
                                             proposed excavation.




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                                               Compliance Task Team Research State Statutes


                         Minnesota                             Mississippi                            Missouri                               Montana
Definitions
Membership    Operators with underground             Volunteer membership.                 319.022.                              A public utility, municipal
              facility (i.e., water, sewer, elect,                                         Owners and operators of               corporation, underground facility
              gas, oil)                                                                    underground pipeline facilities in    owner, or person having the right
                                                                                           compliance with federal law           to bury underground facilities
                                                                                           shall, and owners and operators       must be a member of a one-call
                                                                                           of other underground facilities       notification center covering the
                                                                                           may, participate in a notification    service area in which the entity or
                                                                                           center.                               person has underground facilities.

                                                                                           319.023(1).
                                                                                           Except for owners and operators
                                                                                           who are participants in a
                                                                                           notification center, which has
                                                                                           filed a statement with the
                                                                                           recorder of deeds, pursuant to
                                                                                           section 319.022 [see
                                                                                           membership, above], all operators
                                                                                           having underground facilities
                                                                                           within a county shall file with the
                                                                                           recorder of deeds in such county
                                                                                           a notice that such operator has
                                                                                           underground facilities located
                                                                                           within the county and the address
                                                                                           and the telephone number of the
                                                                                           person or persons from whom
                                                                                           information about the location of
                                                                                           such underground facilities may
                                                                                           be obtained.




Marking       24”                                    Use color codes listed in the law     Mark - The use of stakes, paint or    Mark - “The use of stakes, paint,
Standards     APWA color code                        (generally APWA colors).              other clearly identifiable            or other clearly identifiable
                                                                                           materials to show the field           material to show the field location
(facility)                                           "Mark" shall mean the use of          location of underground facilities,   or absence of underground
                                                     stakes, paint, or other clearly       or the area of proposed               facilities, in accordance with the
                                                     identifiable materials to show the    excavation, in accordance with        current color code standard of the
                                                     field location of underground         the color code standard of the        American public works
                                                     facilities in accordance with the     American Public Works                 association. Marking must
                                                     current color code standard of the    Association. Unless otherwise         include identification letters
                                                     American Public Works                 provided by the American Public       indicating the specific type of
                                                     Association, or the uncovering or     Works Association, the following      underground facility and the
                                                     exposing of underground               color scheme shall be used,           width of the facility if it is greater
                                                     facilities so that the excavator      unless otherwise agreed to by         than 6 inches.”
                                                     may readily see the location of       both parties or their authorized
                                                     same, or the pointing out to the      agents: blue for water irrigation
                                                     excavator of certain aboveground      and slurry lines; green for sewers
                                                     facilities such as, but not limited   and drain lines; red for electric,
                                                     to, manhole covers, valve boxes       powerlines, cables, conduits and
                                                     and pipe and cable risers, which      lighting cables; orange for
                                                     indicate the location of              communications, including
                                                     underground facilities.               telephone, alarm or signal lines,
                                                                                           cable or conduit; yellow for gas,
                                                                                           oil, steam, petroleum or gaseous
                                                                                           materials; white for area of
                                                                                           proposed excavation; fluorescent
                                                                                           pink for temporary marking of
                                                                                           construction project site features
                                                                                           such as centerline and top of
                                                                                           slope and toe of slope.


                                                                                           319.024.




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                                             Compliance Task Team Research State Statutes


                          Nevada                             Nebraska                          New Hampshire                          New Jersey
Definitions
Membership    455.120                            Operators with underground             Each Operator as defined by       All "Operators" must belong.
              “Operator required to join         facility (i.e., water, sewer, elect,   374:48 IV-a (facility owners that
              association for operators to       gas, oil)                              are regulated by the PUC).
              receive notifications....”




Marking       455.133                           18”                                     PUC 807                              Standard colors
Standards     "Operator to make “reasonable     Color code by Center                    By the use of paint, stakes, flags
              effort” to mark “consistent” with                                         and follow uniform color code.       Exemptions - Those operators
(facility)    “practice in the industry”                                                                                     who apply for an waiver from the
                                                                                                                             marking requirements must
                                                                                                                             demonstrate that damage to the
                                                                                                                             underground facilities owned,
                                                                                                                             operated, or controlled by the
                                                                                                                             operator would pose not threat to
                                                                                                                             the public safety or there is no
                                                                                                                             possibility that an underground
                                                                                                                             facility owned, operated or
                                                                                                                             controlled by the operator will be
                                                                                                                             damaged by excavating activities.

                                                                                                                             Also when an excavation is
                                                                                                                             conducted on property or a right-
                                                                                                                             of-way owned or controlled by
                                                                                                                             the State department or agency
                                                                                                                             and the excavation is conducted
                                                                                                                             on property or a right of way
                                                                                                                             owned or controlled by the State
                                                                                                                             department or agency and the
                                                                                                                             excavation is subject to an
                                                                                                                             excavation permitting process by
                                                                                                                             the State department or agency,
                                                                                                                             the state agency is exempt.




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                                        Compliance Task Team Research State Statutes


                       New Mexico                     New York                         North Carolina                      North Dakota
Definitions
Membership    Only pipeline operators       761.                                Have to call (don’t have to join   All facility owners – gas, elec,
                                            One-call notification systems.      One-Call)                          CATV, oil, tel, etc.
                                            1. Participation. Every operator
                                            shall participate in and be
                                            responsible for the administration
                                            of an one-call notification system.
                                            Any other persons interested in
                                            protection of underground
                                            facilities may also participate in
                                            the system.

                                            763.
                                            Duties of operators
                                            1. Every operator shall participate
                                            in a one-call notification system.




Marking       N/A                           763-3.                              N/A                                24”
Standards                                   The operator shall accurately and                                      APWA
                                            with due care designate within a
(facility)                                  reasonable period of time the
                                            location of its underground
                                            facilities in the manner and
                                            during the time period set forth in
                                            the rules and regulations adopted
                                            by the public service commission
                                            pursuant to section one hundred
                                            nineteen-b of the public service
                                            law.




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                                            Compliance Task Team Research State Statutes


                            Ohio                            Oklahoma                             Oregon                            Pennsylvania
Definitions
Membership    Mandatory                          Anyone who owns or operates         Sect 4.                              It shall be the duty of each facility
                                                 underground facilities.             “Every operator of underground       owner to be a member of and give
                                                                                     facilities shall subscribe to        written notice to a One-Call
                                                                                     the.center."                         system.

                                                                                     Exception - Mandatory Operator
                                                                                     Subscription to Center “...shall
                                                                                     not apply to operators of
                                                                                     underground facilities that are
                                                                                     located entirely on private
                                                                                     property and that provide services
                                                                                     exclusively for the use of
                                                                                     residents or owners of the
                                                                                     property.”




Marking       18" (on either side of the facility) 194.6E                           States specific color code - refers   In marking the approximate
Standards                                          Have specific standardized color to APWA code.                         position of underground lines or
                                                   coding                                                                 facilities, the facility owner shall
(facility)                                                                          Ahead of Excavation: (1) (a)          follow American Public Works
                                                                                    Mark with “reasonable accuracy”       Association and Utility Locating
                                                                                    all locatable facilities - include    and Coordination Council
                                                                                    Co. name, or logo, or initials &      Temporary Marking Standards.
                                                                                    width of facility of over 2 inches,
                                                                                    (b) provide best available info. to
                                                                                    excavator for unlocatable
                                                                                    facilities,(c) Notify excavator of
                                                                                    unmarked facilities that are
                                                                                    known to be deeper than planned
                                                                                    excavation, (d) Notify excavator
                                                                                    of no facilities in area.

                                                                                     Must mark newly installed
                                                                                     facilities (in area of on-going
                                                                                     excavation) as soon as same are
                                                                                     placed in ground.

                                                                                     Must place tracer wire or similar
                                                                                     device on all unlocatable type of
                                                                                     facilities, when newly installed,
                                                                                     so they may be located at a later
                                                                                     date.

                                                                                     "Mark" - an indication, from the
                                                                                     use of stakes, paint, or other
                                                                                     clearly identifiable material, to
                                                                                     show the filed location or absence
                                                                                     of underground facilities at the




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                                             Compliance Task Team Research State Statutes


                       Rhode Island                     South Carolina                       South Dakota                          Tennessee
Definitions
Membership    Public utilities (gas, electric,   Section 58-35-70                 Operators with underground             Gas membership mandatory.
              telephone and water, including     Operators shall form and operate facility (i.e., water, sewer, elect,
              municipals).                       an association providing for     gas, oil)                              Exemptions - 3 counties are
                                                 mutual receipt of Section 58-35-                                        exempt.
                                                 60 notification of excavation or
                                                 demolition operations in a
                                                 defined geographical area.

                                                 No operator shall be required to
                                                 join any such association.




Marking       Standard colors.                   N/A                                 w/in 18"                            Just colors – not tied to APWA
Standards
(facility)




                                                                      75
                                         Compliance Task Team Research State Statutes


                          Texas                             Utah                                Vermont                             Virginia
Definitions
Membership    Only Class A underground        54-8a-8(9).                            Public utility operators (gas,    Every operator, including
              facilities.                     1.a.i. Two or more operators may       electric, telephone) and cable    counties, cities and towns, but
                                              form and operate a statewide           television operators.             excluding the Dept. of
                                              association providing for mutual                                         Transportation, having the right
                                              receipt of notice of excavation        Exemptions - Municipalities are to bury underground utility lines
                                              activities. ii. If an association is   not required to belong to the one shall join the notification center
                                              operational, notice to the             call system.                      for the area.
                                              association shall be given
                                              pursuant to section 58-8a-4 [see
                                              timing]. b. i. If an association is
                                              formed, each operator with
                                              underground facilities in the area
                                              shall become a member of the
                                              association or participate in it to:
                                              A. receive a notice of proposed
                                              excavation submitted to the
                                              association; B. receive the service
                                              furnished by it; and C. pay its
                                              share of the cost for service
                                              furnished. ii. If an operator does
                                              not comply with subsection (b)(i)
                                              [above], he is liable for damages
                                              incurred by an excavator who has
                                              complied with the requirements
                                              under this chapter.




Marking       Per the American Public Works   54-8a-4(8).                       standard colors                         Stakes, paint, or flags within two
Standards     Association                     Unless an operator remarks an                                             feet either side of the
                                              area pursuant to subsection (6)                                           underground utility line no later
(facility)                                    [see timing], the excavator shall                                         than 48 hours after notification.
                                              be responsible for the costs
                                              incurred by an operator to remark                                         Certain colors shall be used.
                                              its underground facilities
                                              following the second or                                                   Excavator's notification valid for
                                              subsequent notice given by an                                             15 days; if lines become illegible,
                                              excavator for a proposed                                                  excavator shall contact one-call
                                              excavation designated by the                                              and request re-marking of lines.
                                              same location request                                                     Re-marking to be done within 48
                                              assignment.                                                               hours.

                                              54-8a-5: 1.b.                                                             No excavator shall request
                                              The underground facilities shall                                          making unless excavation is
                                              be marked with stakes, paint, or                                          scheduled to commence, nor
                                              in some other customary way,                                              make repeated requests for
                                              indicating at the option of the                                           remarking, unless due to
                                              operator, either i. the approximate                                       circumstances beyond control of
                                              centerline of the underground                                             excavator.
                                              facility, or ii. the approximate
                                              outside dimensions of both sides
                                              of the underground facility.

                                              54-8a-5(3).
                                              The markings required by this
                                              section shall conform to the
                                              following colors for each type of
                                              installation: a. safety red -
                                              electric power; b. safety yellow-
                                              gas, oil, dangerous material or




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                                            Compliance Task Team Research State Statutes


                       Washington                         West Virginia                    Wisconsin              Wyoming
Definitions
Membership    19.122.030                           Each operator of an underground Mandatory           Persons with underground facility
              Owners of underground facilities     facility; except any privately                      (i.e., water, sewer, elect, gas, oil)
              must subscribe to a “center” if      owned water utility, any state
              one exists in their area.            agency, municipal agency or
              Excavators are obligated to notify   county agency.
              regardless




Marking       APWA Color Code                     Within 48 hours, mark within two 18""                24” rule
Standards                                         feet "from the outside walls of                      APWA color code
              Mark - "The use of stakes, paint such facilities" using color code,
(facility)    or other clearly identifiable       except if unable to accurately
              materials to show the filed         locate such lines because they are
              location of underground facilities, nonmetallic and had no other
              in accordance with the current      marker.
              color code standard of the
              American Public works
              Association. Markings shall
              include identification letters
              indicating the specific type of the
              underground facility.”




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   Compliance Task Team Research State Statutes


                         District of Columbia
Definitions
Membership         43-1702.
                   All public utility operators doing
                   business or having underground
                   facilities in the District of Columbia
                   shall form and operate a one-call
                   center for the mutual receipt of
                   notification of proposed excavation or
                   demolition operations within the
                   District of Columbia.




Marking            Exemptions - 43-1705(d)
Standards          Persons and operators excavating for
                   routine maintenance, including patch-
(facility)         type paving, will not be required to
                   comply with the notification and
                   marking procedures of this chapter, if
                   they excavate within the limits of the
                   original excavation, and if the
                   excavation does not exceed 12 inches
                   in depth below the grade existing prior
                   to said excavation




                        78
                                             Compliance Task Team Research State Statutes


                           Alabama                             Alaska                               Arizona                        Arkansas
Emergency        Excavator must call and Utility   42.30.400                            During an emergency which
Response         must respond “as soon as          In an “emergency’, excavator         involves danger to life, health or
                 possible”. OK to dig with out     shall notify each underground        property if reasonable precautions
                 calling.                          facility owner, inform of the need   are taken to protect underground
                                                   to excavate and request prompt       facilities.
                                                   location




Positive Response N/A                                                                   N/A                                  Yes




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                                                 Compliance Task Team Research State Statutes


                              California                            Colorado                            Connecticut                 Florida
Definitions
Emergency          N/A                                  In emergency situations,               Sec. 16-352
Response                                                excavators shall take such             Cases of emergency involving
                                                        precautions as are reasonable          danger to life, health or property
                                                        under the circumstances to avoid       may be made without the two day
                                                        damage to underground facilities       notice, provided notice thereof by
                                                        and notify affected owners or          telephone is given as soon as
                                                        operators and the Notification         reasonably possible.
                                                        Association as soon as possible of
                                                        such emergency excavations. In
                                                        the event of damage to any
                                                        underground facility, the
                                                        excavator shall immediately
                                                        notify the affected owner or
                                                        operator and the Notification
                                                        Association of the location and
                                                        extent of such damage.




Positive Response 4216.3(a)                             Any owner or operator receiving
                   Facility operators must field mark   notice pursuant to subsection (3)
                   the location ahead of the            of this section shall advise the
                   excavation or notify the excavator   excavator of the location and size
                   of non-conflict with the             of any underground facilities in
                   excavation.                          the proposed excavation area by
                                                        marking the location of the
                                                        facilities with clearly identifiable
                                                        markings within eighteen inches
                                                        horizontally from the exterior
                                                        sides of any such facilities.

                                                        In the event any person is
                                                        involved in excavating across a
                                                        pre-existing underground facility,
                                                        the owner of such facility shall,
                                                        upon a pre-determined agreement
                                                        at the request of the excavator or
                                                        the owner, provide on-site
                                                        assistance.




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                                                   Compliance Task Team Research State Statutes


                                Georgia                                Idaho                            Illinois                    Indiana
Definitions
Emergency           29-9-12.                              55-2206 (2)                       Yes, all reasonable precautions   Yes
Response            If an emergency arises which          The owner of the underground
                    presents an immediate and             facilities damaged shall arrange
                    substantial danger to life, health,   for repairs or relocation as soon
                    or property or which requires the     as is practical or may permit the
                    establishment or restoration of       excavator to do necessary repairs
                    gas, electric, communication, rail,   or relocation at a mutually
                    or other essential public services,   acceptable price.
                    it shall be lawful for the person
                    who undertakes to prevent such
                    danger to life, health, or property
                    or who is responsible for the
                    establishment or restoration of
                    such gas, electric,
                    communication, rail, or other
                    essential public services to
                    engage in blasting or in
                    excavating with mechanized
                    excavating equipment for such
                    purpose without complying with
                    Code Section 25-9-6 [timing],
                    provided that, before
                    commencing the same or as soon
                    thereafter as is reasonably
                    practicable, the person shall give
                    notice thereof to any utility which
                    the person, in the exercise of
                    reasonable judgment, believes
                    may have gas pipes or other
                    underground utility facilities
                    within such proximity as to be
Positive Response   affected by the blasting or
                    25-9-7.                                                                 Yes                               Yes
                    If a person planning the blasting
                    or excavating has stated pursuant
                    to paragraph (2) of subsection (a)
                    of code section 25-9-6 [see
                    timing] that he desires to be
                    notified in the event there are no
                    utility facilities present on the
                    tract or parcel specified, then
                    each utility shall attempt to so
                    notify such person by telephoning
                    such person at the number
                    furnished pursuant to paragraph
                    (2) of subsection (a) of code
                    section 25-9-6 [see timing ]




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                                 Compliance Task Team Research State Statutes


                          Iowa                   Kansas                          Kentucky                             Louisiana
Definitions
Emergency           N/A              Notification may be tendered as   Section 4.                          Oral notice of the emergency
Response                             soon as reasonably possible.      Compliance with excavator and       excavation shall be given as soon
                                                                       operator notification               as practicable to the regional
                                                                       requirements of [the entire         notification center or each
                                                                       statute] shall not be required of   operator having underground
                                                                       authorized persons responding to    facilities located in the area and,
                                                                       emergency situations. However,      if necessary, emergency
                                                                       these persons shall take every      assistance shall be requested from
                                                                       reasonable precaution to protect    each operator in locating and
                                                                       the public safety and               providing immediate protection
                                                                       underground facilities of others.   to its underground facilities.




Positive Response                    None                              Section 5(4).                       N/A
                                                                       An operator shall, within two
                                                                       business days after receiving
                                                                       notification from an excavator:
                                                                       (a) inform the excavator of the
                                                                       approximate location and
                                                                       description of any of the
                                                                       operator's facilities that may be
                                                                       damaged or pose a safety concern
                                                                       because of excavation demolition;
                                                                       (b) Inform the excavator of any
                                                                       other information that would
                                                                       assist in locating and avoiding
                                                                       contact with or damage to
                                                                       operator facilities; and (c) unless
                                                                       permanent facility markers are
                                                                       provided, the operator shall
                                                                       provide temporary markings to
                                                                       inform the excavator of the
                                                                       approximate location of the
                                                                       underground facility.




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                                              Compliance Task Team Research State Statutes


                              Maine                        Massachusetts                         Maryland                       Michigan
Definitions
Emergency         Exempt from the notification and Notification may be tendered        Emergency excavations - A          Yes
Response          marking provisions.              during emergency. Digging may       person or contractor who
                                                   proceed even if marks are not in    performs an emergency
                                                   place.                              excavation involving danger to
                                                                                       life, health, or property shall:
                                                   In emergencies, excavators are      (1) Take all reasonable
                                                   waived from the 72-hour             precautions to protect
                                                   notification, but must notify the   underground facilities in and near
                                                   system prior to excavating.         the excavation area; and (2)
                                                                                       Notify the owner of the
                                                                                       underground facility promptly.




Positive Response None                             None                                Notify the contractor within 48     No
                                                                                       hours (excluding Saturdays,
                                                                                       Sundays, and legal holidays) of
                                                                                       notification required by
                                                                                       subsection (e) of this section that
                                                                                       marking is unnecessary if:
                                                                                       1. The owner does not have an
                                                                                       underground facility at the
                                                                                       location stated in the notice;
                                                                                       2. The proposed excavation is not
                                                                                       planned within 5 feet of the
                                                                                       horizontal plane of an
                                                                                       underground facility; or
                                                                                       3. The proposed excavation, by
                                                                                       lasting, is not planned in such
                                                                                       proximity to the underground
                                                                                       facility that the facility may be
                                                                                       disturbed or damaged




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                                               Compliance Task Team Research State Statutes


                                Minnesota                   Mississippi                          Missouri                               Montana
Definitions
Emergency            N/A                           Requires a call be made as soon   319.050.                                When an emergency excavation
Response                                           as practical.                     The provisions of section 319.025       is required, the excavator shall
                                                                                     and 319.026 [notification timing]       notify the one-call notification
                                                   "Emergency excavation" shall      shall not apply when making an          center. An underground facility
                                                   mean excavation at times of       excavation at times of emergency        owner shall respond as soon as is
                                                   emergency involving danger to     involving danger to life, health or     practical after notification.
                                                   life, health or property or a     property, provided all reasonable
                                                   customer service outage.          precautions have been taken to     Emergency Locate - “A locate
                                                                                     protect the underground facilities.and mark that is requested for: (a)
                                                                                                                        a condition that constitutes a
                                                                                     In any such case, the excavator    clear and present danger to life or
                                                                                     shall give notification,           property; or (b) a customer outage
                                                                                     substantially in compliance with for which repairs on a previously
                                                                                     section 319.026, as soon as        installed utility-owned facility are
                                                                                     practical, and upon being notified required.”
                                                                                     that an emergency exists, each
                                                                                     owner and operator of an
                                                                                     underground facility in the area
                                                                                     shall immediately provide all
                                                                                     location information reasonably
                                                                                     available to any excavator who
                                                                                     requests the same.

                                                                                     §319.045(2)
                                                                                     In the case of sewer lines or
                                                                                     facilities, emergency temporary
                                                                                     repairs may be made by the
                                                                                     excavator after notification
                                                                                     without the owners' or operators'
                                                                                     authorization to prevent further
                                                                                     damage to the facilities.
Positive Response Only if unable to complete       Yes (mark as a contact).          310.030(1).
                     locating by start date.                                         Every person owning or operating
                                                                                     an underground facility to whom
                                                                                     notice of intent to excavate is
                                                                                     required to be given hereunder
                                                                                     through a notification center or
                                                                                     directly shall, upon receipt of
                                                                                     such notice as provided herein
                                                                                     from a person intending to
                                                                                     commence an excavation, inform
                                                                                     the excavator as promptly as
                                                                                     practical, but not in excess of two
                                                                                     working days from receipt of the
                                                                                     notice, unless otherwise mutually
                                                                                     agreed, of the approximate
                                                                                     location of underground facilities
                                                                                     in or near the area of excavation
                                                                                     so as to enable the person
                                                                                     engaged in the excavation work
                                                                                     to locate the facilities in advance
                                                                                     of and during the excavation
                                                                                     work. If the excavator states in
                                                                                     the notice of intent to excavate
                                                                                     that the excavation will involve
                                                                                     tunneling or horizontal boring,
                                                                                     the owner or operator shall
                                                                                     inform the excavator of the depth,
                                                                                     to the best of his knowledge or
                                                                                     ability, of the facility according to
                                                                                     the records of the owner or
                                                                                     operator.




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                              Nevada                              Nebraska                  New Hampshire                            New Jersey
Definitions
Emergency         455.140.1. a.& b.                   Yes, mark or call clearances.   PUC 804
Response          "If facility damage occurs, &                                       Cases of emergency (class 1 gas
                  before completing excavation,                                       leak, telecom, impairment to
                  excavator shall notify the operator                                 public safety) the 72 hour waiting
                  & allow reasonable time for                                         period is waived, notice must be
                  repair."                                                            given as soon as practical.

                  455.140.2.a.&.b.
                  "If damage allows escape of
                  water, gas, flammable or toxic
                  gas or liquid or electricity,
                  excavator shall notify the operator
                  & minimize hazard until operator
                  arrives."




Positive Response 455.130                               Only if not marking.          No                                   If an operator does not own,
                  The operator mark excavation site                                                                        operate or control any
                  within 2 business days, or at a                                                                          underground facilities at the site
                  later time agreed to, or advise                                                                          concerning which he received
                  excavator that no installations in                                                                       information of a notice of intent
                  excavation area.                                                                                         to excavate transmitted pursuant
                                                                                                                           to subsection c. of section 4 of
                                                                                                                           this act, the operator shall make a
                                                                                                                           reasonable effort to so advise the
                                                                                                                           person giving the notice of intent
                                                                                                                           to excavate, providing the notice
                                                                                                                           is given within the time frame set
                                                                                                                           forth in subsection a. of section
                                                                                                                           10 of this act.




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                                               Compliance Task Team Research State Statutes


                          New Mexico                            New York                      North Carolina                      North Dakota
Definitions
Emergency        Every person who engages in                                           Excavator shall give notice as     [Actions that are] reasonably
Response         emergency excavation shall take                                       soon as possible. Excavator is     practical by excavator and
                 all necessary and reasonable                                          not relieved of liability.         reasonably practical by owner
                 precaution to avoid or minimize
                 interference with or damage to
                 existing underground facilities in
                 and near the construction area
                 and shall notify as promptly as
                 possible the owners of
                 underground facilities located in
                 and near the emergency
                 excavation area. In the event of
                 any damage to or dislocation of
                 any underground facility caused
                 by the emergency excavation
                 work, the person responsible for
                 the excavation shall immediately
                 notify the owner of the
                 underground facility.




Positive Response N/A                                 763-2.                              Mark on ground required         No, but if unable to complete
                                                      Upon receipt of the notification including “No Utility” on ground   staking within excavation date,
                                                      provided for by this article either                                 operator must notify excavator
                                                      directly from the excavator or                                      via One-Call Center that an
                                                      from the one-call notification                                      extension is required
                                                      system and pursuant to the rules
                                                      and regulations adopted by the
                                                      public service commission
                                                      pursuant to section one hundred
                                                      nineteen-b of the public service
                                                      law, an operator shall advise the
                                                      excavator in a timely manner of
                                                      those of its underground facilities
                                                      that will be affected by the
                                                      proposed excavation or
                                                      demolition.




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                       Ohio                  Oklahoma                            Oregon                         Pennsylvania
Definitions
Emergency        Yes              All operators of underground        0070 (3)
Response                          facilities within the area of the   Operators must respond ASAP to
                                  emergency must be notified          excavation notice of a dig to
                                  promptly when an emergency          mitigate an “emergency”
                                  requires excavation prior to the    condition.
                                  location of the underground
                                  facilities being marked.




Positive Response No              N/A                                 0070 (1)                         Not more than two working days
                                                                      Operators must mark within 2     after receipt of a timely request
                                                                      business days or notify of no    therefor from a contractor or
                                                                      conflict.                        operator who identifies the site of
                                                                                                       excavation or demolition work he
                                                                                                       intends to perform.




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                                               Compliance Task Team Research State Statutes


                          Rhode Island                    South Carolina                        South Dakota                        Tennessee
Definitions
Emergency         Excavation may begin after       Section 58-35-90                      Excavator to provide notice as   Requires that you give notice as
Response          tendering notification and       Compliance with the notice            soon as possible                 soon as practicable and excavator
                  receiving advisement.            requirements of Section 58-35-60                                       assumes all liability
                                                   is not required of persons            Operator respond w/in 4 hrs.
                                                   responsible for emergency
                                                   excavation or demolition to
                                                   ameliorate an imminent danger to
                                                   life, health, or property or to
                                                   restore existing service. Such
                                                   persons shall give, as soon as
                                                   practicable, oral notice of the
                                                   emergency excavation or
                                                   demolition to each operator
                                                   having underground utilities
                                                   located in the area or to an
                                                   association provided for in
                                                   Section 58-35-70, that serves an
                                                   operator where such excavation
                                                   or demolition is to be performed
                                                   and requests emergency
                                                   assistance from each operator so
                                                   identified in locating and
                                                   providing immediate protection
                                                   to its utilities. An imminent
                                                   danger to life, health, or property
                                                   exists whenever there is a
                                                   substantial likelihood that loss of
                                                   life, health, or property will result
                                                   before the procedures under
                                                   Sections 58-35-60 and 58-35-80
                                                   can be fully complied with.
Positive Response None                             Section 58-35-80                                                       Yes
                                                   Each operator or designated
                                                   representative, including an
                                                   association established in
                                                   accordance with Section 58-35-
                                                   70, notified in accordance with
                                                   Section 58-35-60, shall, not less
                                                   than one working day in advance
                                                   of the proposed excavation or
                                                   demolition, unless another period
                                                   is provided by agreement
                                                   between the person responsible
                                                   for the excavation or demolition
                                                   and the operator or designated
                                                   representatives, supply, by use of
                                                   maps or other appropriate means,
                                                   the following information to the
                                                   person responsible for the
                                                   excavation or demolition:
                                                    (1) The approximate location and
                                                   description of all of its
                                                   underground utilities which may
                                                   be damaged as a result of the
                                                   excavation or demolition;
                                                    (2) The location and description
                                                   of all utility markers indicating
                                                   the approximate location of the
                                                   underground utilities;
                                                    (3) Any other information that
                                                   would assist that person in
                                                   locating and thereby avoiding
                                                   damage to the underground




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                                               Compliance Task Team Research State Statutes


                              Texas                                Utah                            Vermont                     Virginia
Definitions
Emergency        Every person who engages in          54-8a-7.                         Notification is waived in   Take immediate steps reasonably
Response         emergency excavation shall take      If an excavator contacts or      emergencies.                calculated to safeguard life,
                 all necessary and reasonable         damages an underground facility,                             health and property and notify
                 precaution to avoid or minimize      the excavator shall immediately                              one-call, in event of sudden or
                 interference with or damage to       notify the appropriate operator                              unexpected occurrence
                 existing underground facilities in   and proceed in a manner that is                              demanding action to prevent or
                 and near the construction area       reasonably calculated to avoid                               mitigate loss of, or damage to,
                 and shall notify as promptly as      further damage to the                                        life, health, property, or essential
                 possible the owners of               underground facility.                                        public services.
                 underground facilities located in
                 and near the emergency               Upon receipt of notice, the
                 excavation area. In the event of     operator shall immediately
                 any damage to or dislocation of      examine the underground facility,
                 any underground facility caused      and, if necessary, make repairs.
                 by the emergency excavation
                 work, the person responsible for
                 the excavation shall immediately
                 notify the owner of the
                 underground facility.




Positive Response N/A                                 54-8a-5. 1.a.                      None
                                                      Within 48 hours of the receipt of
                                                      the notice required by Section 54-
                                                      8a-4 [see timing], the operator
                                                      shall: i. mark the location of its
                                                      underground facilities in the area
                                                      of the proposed excavation; or ii.
                                                      notify the excavator that the
                                                      operator does not have any
                                                      underground facilities in the area
                                                      of the proposed excavation.




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                                                  Compliance Task Team Research State Statutes


                            Washington                            West Virginia                           Wisconsin                         Wyoming
Definitions
Emergency          19.122.050                             Excavation may begin                  Yes                               Not required prior to dig
Response           If the damage causes an                immediately if a clear and present    Utility to provide emergency      Not required for response
                   emergency condition, the               danger to life, health or property    locate service within 24 hours of
                   excavator is also to alert local       exists by reason of leaks, exposed    notice.
                   public safety agencies and take all    wires, or other breaks in an
                   appropriate steps to ensure the        underground facility, or if
                   public safety.                         necessary to assure continuity of
                                                          service by or through an
                                                          underground facility. Oral
                                                          notification to the given as soon
                                                          as reasonably practical to one-call
                                                          system.




Positive Response 19.122.030                                                                    Yes                               N/A
                   Upon receipt or notice, owners of
                   underground facilities shall
                   provide information by marking
                   it’s locatable facilities, otherwise
                   must provide best available
                   information within 2 business
                   days or before the start of
                   excavation.




                                                                               90
   Compliance Task Team Research State Statutes


                         District of Columbia
Definitions
Emergency          43-1706 (b).
Response           Each person responsible for any
                   excavation or demolition operation
                   that results in damage to an
                   underground facility, permitting the
                   escape of any flammable, toxic, or
                   corrosive gas or liquid shall,
                   immediately upon discovery of such
                   damage, notify the public utility
                   operator, the Metropolitan Police
                   Department, and the District of
                   Columbia Fire Department, and shall
                   take any other action which may be
                   reasonably necessary to protect
                   persons or property.

                   43-1709. Compliance with the notice
                   requirements of § 43-1704 shall not be
                   required for an emergency excavation
                   or demolition involving imminent
                   danger to life, health, or property;
                   provided, that reasonable precautions
                   have been taken to protect
                   underground facilities. The
                   appropriate public utility operator
                   shall, in any event, be notified directly
                   and as soon as possible.




Positive Response 43-1704(e).
                   If the public utility operator, notified
                   by the one-call center, determines that
                   its underground utility lines or
                   facilities will not be affected by the
                   excavation or demolition, the public
                   utility operator shall advise the
                   person who proposes to excavate or
                   demolish that marking is unnecessary.




                        91
                                                Compliance Task Team Research State Statutes


                              Alabama                           Alaska                              Arizona                          Arkansas
Damage               N/A                           42.30.410.                        Only for pipelines                   Must call utility if you damage
Investigation and                                  If an excavator finds an unmarked                                      facility; no accumulation for
                                                   or inaccurately marked facility,                                       reporting.
Reporting                                          the excavation must stop in the
                                                   vicinity of the facility and the
                                                   “operator” must be notified
                                                   directly or through the “center”.

                                                   42.30.420
                                                   Excavators that damage or
                                                   contact a facility shall notify the
                                                   operator. If damage creates an
                                                   emergency, the excavator shall
                                                   also notify appropriate local
                                                   public safety agencies and take
                                                   reasonable steps to ensure public
                                                   safety.




Jurisdiction (who Attorney General & District      Local courts.                         Arizona Corporation Commission Attorney General; any
enforces)         Attorney in county where                                                                              prosecuting attorney or any city
                     damage occurred.                                                                                   attorney; fines go to jurisdiction
                                                                                                                        that prosecutes.




                                                                          92
                                                    Compliance Task Team Research State Statutes


                                California                             Colorado                           Connecticut            Florida
Definitions
Damage               N/A                                    In the event of damage to an
Investigation and                                           underground facility, the
                                                            excavator, owner, and operator
Reporting                                                   shall cooperate to mitigate
                                                            damages to the extent reasonably
                                                            possible, including the provision
                                                            of in-kind work by the excavator
                                                            where technical or specialty skills
                                                            are not required by the nature of
                                                            the underground facility, which in-
                                                            kind work may be under the
                                                            supervision and pursuant to the
                                                            specifications of the owner or
                                                            operator.




Jurisdiction (who 4216.6.(b)                                N/A                                   Sec. 16-357
enforces)         Actions may be brought against                                                  The DPUC shall adopt regs to
                     excavator and or facility operator                                           ensure compliance
                     by Attorney General, District
                     Attorney, or local or state
                     permitting agency.

                     Section 7110, Business and
                     Professions Code provides
                     enforcement capability to
                     Contractors State License Board.

                     Definitions:
                     Local agency - “a city, county,
                     city and county, school district, or
                     special district."
                     State agency - “every state
                     agency, department, division,
                     bureau, board, or commission.”




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                                                      Compliance Task Team Research State Statutes


                                  Georgia                                  Idaho                               Illinois                         Indiana
Definitions
Damage               N/A                                     55-2203(4).                           Not Addressed                    Yes; immediately notify
Investigation and                                            If the excavator, while                                                owner/operator AND take
                                                             performing the excavation,                                             necessary action to protect
Reporting                                                    discovers underground facilities                                       persons/property.
                                                             (whether active or abandoned)
                                                             which are not identified, the
                                                             excavator shall cease excavating
                                                             in the vicinity of the facility and
                                                             immediately notify the owner or
                                                             operator of such facilities, or the
                                                             one-number locator service.

                                                             55-2206(1).
                                                             An excavator who, in the course
                                                             of excavation, contacts or
                                                             damages an underground facility
                                                             shall notify the utility owning or
                                                             operating such facility and the
                                                             one- number locator service. If
                                                             the damage causes an emergency
                                                             condition, the excavator causing
                                                             the damage shall also alert the
                                                             appropriate local public safety
                                                             agencies and take all appropriate
                                                             steps to ensure the public safety.
                                                             No damaged underground facility
                                                             may be buried until it is repaired
                                                             or relocated.




Jurisdiction (who 29-9-13(c).                        N/A                                           State's attorney of the county   Civil action in county court
enforces)         In addition to other provisions of                                               where the damage occurred (no
                     this Code section, a state                                                    home rule).
                     examining board shall be
                     authorized to suspend or revoke
                     any professional or occupational
                     license, certificate, or registration
                     issued to a person pursuant to
                     Title 43 whenever such person
                     violates the requirement of Code
                     Section 25-9-6.




                                                                                   94
                                                 Compliance Task Team Research State Statutes


                                 Iowa                           Kansas                      Kentucky                            Louisiana
Definitions
Damage              Report to underground facility   Excavator must immediately   Section 6(6).                     Only for pipelines.
Investigation and   operator                         notify operator.             Each excavator who conducts or
                                                                                  is responsible for any excavation
Reporting                                                                         or demolition that results in
                                                                                  underground facility damage or
                                                                                  which causes concern for public
                                                                                  or workplace safety shall,
                                                                                  immediately upon discovery of
                                                                                  same, cease excavation and
                                                                                  demolition activities and notify
                                                                                  all affected operators of the
                                                                                  location and nature of the safety
                                                                                  concern or underground facility
                                                                                  damage.


                                                                                  Section 5(3).
                                                                                  Each operator member of a one-
                                                                                  call center shall provide and
                                                                                  update as needed to the one-call
                                                                                  center the general location of is
                                                                                  facilities, the operator identify
                                                                                  and business address, and
                                                                                  emergency notification telephone
                                                                                  numbers.




Jurisdiction (who Att. General                       KCC                          No enforcement agency.              Department of Public Safety and
enforces)                                                                         Attorney General may bring          Corrections or by any local law
                                                                                  claims.                             enforcement agency.




                                                                       95
                                                  Compliance Task Team Research State Statutes


                                Maine                        Massachusetts                         Maryland                            Michigan
Definitions
Damage               Excavator must immediately       Excavators who damage facilities Notification of damage or            Yes; notify public utility
Investigation and    notify operator.                 must notify the operator         dislocation. - In the event of any   immediately; evacuate if serious
                                                      immediately.                     damage to or dislocation or          electrical short or dangerous
Reporting                                                                              disturbance of any underground       fluids or gases escaping.
                                                                                       facility in connection with any
                                                                                       excavation, the person or
                                                                                       contractor responsible for the
                                                                                       excavation operations shall
                                                                                       immediately notify the owner of
                                                                                       the facility.




Jurisdiction (who County sheriffs or local municipal DTE                                If any person or contractor          County court; criminal for willful
enforces)         law enforcement authorities.                                          engaging in excavation in a          acts where the damage occurred
                                                                                        negligent or unsafe manner which (no home rule).
                                                                                        has resulted in or is likely to
                                                                                        result in damage to an
                                                                                        underground facility or if any
                                                                                        person or contractor is proposing
                                                                                        to use procedures for excavation
                                                                                        which are likely to result in
                                                                                        damage to an underground
                                                                                        facility, the owner of such facility
                                                                                        or the attorney General may
                                                                                        commence an action in a court of
                                                                                        competent jurisdiction in
                                                                                        Baltimore City or the county in
                                                                                        which the excavation is occurring
                                                                                        or is to occur, or in which the
                                                                                        person or contractor complained
                                                                                        of has his or its principal place of
                                                                                        business or resides, for the
                                                                                        purpose of having such negligent
                                                                                        or unsafe excavation stopped and
                                                                                        prevented, either by mandamus or
                                                                                        injunction. The court may join as
                                                                                        parties any persons necessary or
                                                                                        proper to make its judgment or
                                                                                        processes effective and shall
                                                                                        make a final order, granting such
                                                                                        relief, it appropriate.




                                                                          96
                                              Compliance Task Team Research State Statutes


                             Minnesota                     Mississippi                          Missouri                       Montana
Definitions
Damage              To Operator.                  Person who cuts supposed to call 319.026(4).                         N/A
Investigation and                                 utility; no other reporting.     If in the course of excavation the
                                                                                   person responsible for the
Reporting                                                                          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 re such records cords
                                                                                   of the location of underground
                                                                                   facilities for the owner or
                                                                                   operator shall correct to show the
                                                                                   actual location of such facilities,
                                                                                   if current records are incorrect.

                                                                                    319.045(1)-(2).
                                                                                    In the event of any damage or
                                                                                    dislocation or disturbance of any
                                                                                    underground facility in
                                                                                    connection with any excavation,
                                                                                    the person responsible for
                                                                                    excavation operations shall
                                                                                    immediately notify the
                                                                                    notification center and the owner
                                                                                    or operator of the facility or the
                                                                                    owner or operator if it is not a
                                                                                    participant in the notification
                                                                                    center.

Jurisdiction (who Commissioner of Public Safety   No enforcement; Attorney           In the event of any damage or
                                                                                     No enforcement agency.              N/A
enforces)                                         General or local District Attorney Attorney general may bring
                                                  may prosecute.                     action.




                                                                      97
                                                       Compliance Task Team Research State Statutes


                                   Nevada                            Nebraska                New Hampshire                         New Jersey
Definitions
Damage                 455.140                             Report damage to Center     RSA 374:54                        Whenever it appears to the board
Investigation and      Excavators required to report                                   Excavator causing damage shall    that a person has violated any
                       damages to the operator.                                        immediately notify the affected   provision of this act, or any rule,
Reporting                                                                              operator.                         regulation or order adopted
                                                                                       No backfilling until operator     pursuant thereto, it may issue an
                                                                                       gives permission.                 order specifying the provision or
                                                                                                                         provisions of this act, or the rule,
                                                                                                                         regulation or order of which the
                                                                                                                         person is in violation, citing the
                                                                                                                         action which constituted the
                                                                                                                         violation, ordering abatement of
                                                                                                                         the violation, and giving notice to
                                                                                                                         the person of his right to a
                                                                                                                         hearing on the matters contained
                                                                                                                         in the order. Such order shall be
                                                                                                                         effective upon receipt and any
                                                                                                                         person to whom such order is
                                                                                                                         directed shall comply with the
                                                                                                                         order immediately.




Jurisdiction (who State attorney general, district   Att. General; Prosecuting Att.                                      The board may institute an action
enforces)         attorney, city attorney, PSC legal                                                                     or proceeding in the Superior
                       counsel, or permit agency.                                                                        Court for injunctive and other
                                                                                                                         relief for any violation of this act,
                                                                                                                         or of any rule or regulation
                                                                                                                         adopted pursuant to this act and
                                                                                                                         the court may proceed in the
                                                                                                                         action in a summary manner. In
                                                                                                                         any such proceeding the court
                                                                                                                         may grant temporary or
                                                                                                                         interlocutory relief
                                                                                                                         notwithstanding the provisions of
                                                                                                                         R.S. 48:2-24.




                                                                             98
                                                     Compliance Task Team Research State Statutes


                                New Mexico                          New York                       North Carolina            North Dakota
Definitions
Damage                 N/A                               764-5.                              N/A                     Report to facility owner.
Investigation and                                        In the event of contact with
                                                         and/or damage to an underground
Reporting                                                facility, the excavator shall
                                                         immediately notify the operator
                                                         of the facility and no backfilling
                                                         shall be done by the excavator
                                                         until inspection and/or repairs
                                                         have been made by the operator
                                                         and no repairs shall be
                                                         undertaken by the excavator until
                                                         authorized by the operator. In the
                                                         event of an electrical short or the
                                                         escape of gas or hazardous fluids
                                                         endangering life, the excavator
                                                         shall immediately notify the
                                                         operator of the electric, gas or
                                                         hazardous liquid underground
                                                         facility and all persons who might
                                                         be endangered and assist in the
                                                         evacuation of such persons.




Jurisdiction (who State Attorney General or the      766.                              Civil action by individuals   Board of Directors to the State
enforces)         appropriate district attorney upon Rules and regulations. The public                               Att. General
                       complaint of the commission       service commission shall adopt
                                                         rules and regulations to
                                                         implement and enforce the
                                                         provisions of this article pursuant
                                                         to section one hundred nineteen-b
                                                         of the public service law.

                                                         119-b 7.
                                                         Notwithstanding any inconsistent
                                                         provisions of this chapter, the
                                                         enforcement procedure for rules
                                                         and regulations adopted by the
                                                         commission shall be as follows:
                                                           a. any violation of any
                                                         provisions of such rules and
                                                         regulations is a violation of the
                                                         provisions of article thirty-six of
                                                         the general business law and the
                                                         attorney general may bring and
                                                         prosecute an action to recover
                                                         penalties for such violations as
                                                         provided in paragraph c of
                                                         subdivision one of section seven
                                                         hundred sixty-five of such law;
                                                           b. any penalties, fines and
                                                         financial liability resulting from
                                                         violations of such rules and
                                                         regulations shall be those
                                                         specified in section seven
                                                         hundred sixty-five of the general




                                                                              99
                                                  Compliance Task Team Research State Statutes


                                  Ohio                        Oklahoma                        Oregon                            Pennsylvania
Definitions
Damage               Yes; notify public utility as soon N/A                       0090 (4)                            The Pennsylvania Department of
Investigation and    as any damage is discovered.                                 If excavator causes or observes     Labor and Industry through
                                                                                  damage, shall notify operator       agreement with the Attorney
Reporting                                                                         immediately & if an “emergency”     general's Office has complete
                                                                                  condition, shall notify public      normal jurisdiction over the
                                                                                  safety agencies, and call 911.      enforcement of this ACT. The
                                                                                                                      PENNSAFE Bureau is
                                                                                                                      responsible for this enforcement.
                                                                                                                      Any reportable incident should be
                                                                                                                      reported to the PA One Call
                                                                                                                      System using a Damage/Incident
                                                                                                                      form available from the Call
                                                                                                                      Center's Help desk 1-800-248-
                                                                                                                      1786x7122 or off the Web site at
                                                                                                                      paonecall.org and submitted via
                                                                                                                      US mail or Fax.




Jurisdiction (who County court; criminal for willful N/A                          SSB 559 Sect. 7                       A One Call System shall be
enforces)         acts.                                                           Oregon Public Utilities               governed by a board of directors,
                                                                                  Commission administers                to be chosen by the facility
                                                                                  complaints -process is complaint      owners. No less than twenty
                                                                                  driven.                               percent of the seats on the board
                                                                                                                        shall be held by municipalities or
                                                                                  Sect. 7.                              municipal authorities. The board
                                                                                  If fines not paid, PUC goes thru shall include the following:
                                                                                  attorney generals office to pursue (1) The Chairman of the
                                                                                  violator in a specific circuit court. Pennsylvania Public Utility
                                                                                  Penalties collected go to one-call Commission or his designee
                                                                                  center.                               (2) The Director of the
                                                                                                                        Pennsylvania Emergency
                                                                                                                        Management Agency or his
                                                                                                                        designee.
                                                                                                                        (3) The Secretary of Labor and
                                                                                                                        Industry or his designee.
                                                                                                                        (4) The Secretary of
                                                                                                                        Transportation or his designee
                                                                                                                        (5) A contractor or industry
                                                                                                                        representative.
                                                                                                                        (6) A designer or industry
                                                                                                                        representative.




                                                                      100
                                                 Compliance Task Team Research State Statutes


                           Rhode Island                     South Carolina                         South Dakota                      Tennessee
Definitions
Damage              Excavator must immediately       Section 58-35-110                     Excavator to report to operator or N/A
Investigation and   notify operator.                 (a) Except as provided by Section     Call Center if operator is
                                                     58-35-110(b), each person             unknown.
Reporting                                            responsible for any excavation or
                                                     demolition operation designated
                                                     in Section 58-35-40 that results in
                                                     any damage to an underground
                                                     utility shall, immediately upon
                                                     discovery of such damage, notify
                                                     the operator of such utility of the
                                                     location and nature of the damage
                                                     and shall allow the operator
                                                     reasonable time to accomplish
                                                     necessary repairs before
                                                     completing the excavation or
                                                     demolition in the immediate area
                                                     of such utility.
                                                      (b) Each person responsible for
                                                     any excavation or demolition
                                                     operation designated in Section
                                                     58-35-40 that results in damage
                                                     to an underground utility where
                                                     such damage may endanger life,
                                                     health or property, the person
                                                     responsible for the work shall,
                                                     immediately upon discovery of
                                                     such damage, take immediate
                                                     action to protect the public and
                                                     property, notify the operator,
                                                     police or fire departments and
                                                     take such other actions as may be
Jurisdiction (who RI DPU                             appropriate to minimize the
                                                     N/A                                   Board                            Attorney General
enforces)




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                                 Texas                            Utah                         Vermont                       Virginia
Definitions
Damage               N/A                            54-8a-7.                         Excavator must immediately   Excavator reports immediately to
Investigation and                                   If an excavator contacts or      notify operator.             utility operator and does not
                                                    damages an underground facility,                              backfill. Operator must
Reporting                                           the excavator shall immediately                               commence repairs or give
                                                    notify the appropriate operator                               clearance to backfill within 24
                                                    and proceed in a manner that is                               hours. If damage creates
                                                    reasonably calculated to avoid                                emergency, excavator must take
                                                    further damage to the                                         immediate steps "reasonably
                                                    underground facility.                                         calculated to safeguard life,
                                                                                                                  health and property."
                                                    Upon receipt of notice, the
                                                    operator shall immediately
                                                    examine the underground facility,
                                                    and, if necessary, make repairs.




Jurisdiction (who The appropriate county attorney 54-8a-11 The following persons Vermont Public Service Board     State Corporation Commission
enforces)         or criminal district attorney   or entities are subject to the
                                                    provisions of Title 49 Code of
                                                    Federal Regulations, Part 198,
                                                    Regulations for Grants to Aid
                                                    State Pipeline Safety Programs,
                                                    including those provisions
                                                    relating to damage to
                                                    underground facilities: 1. an
                                                    operator, to the extent subject to
                                                    the Natural Gas Pipeline Safety
                                                    Act of 1968, 49 U.S. Code 1671
                                                    et seq. or Hazardous Liquid
                                                    Pipeline Safety Act of 1979, 49
                                                    App. U.S.C. 2001 et seq.; 2. an
                                                    excavator; and 3. a person who
                                                    operates an association.

                                                    No enforcement agency




                                                                        102
                                                Compliance Task Team Research State Statutes


                             Washington                      West Virginia                           Wisconsin                            Wyoming
Definitions
Damage              Excavator reports any damage to Report immediately any break,     Yes; immediately notify facility         Report to underground facility
Investigation and   owner and one-call center.      leak or damage in underground     owner.                                   operator
                                                    facilities made or discovered in
Reporting                                           the course of excavation, and
                                                    allow operator reasonable time to
                                                    make repairs. Immediately alert
                                                    public at or near work site as to
                                                    any emergency created.




Jurisdiction (who WUTC                               Public Service commission for        District attorney in circuit court   Att. General, Dist Att., County
enforces)                                            certification of one-call systems.                                        Att.




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                          District of Columbia
Definitions
Damage              43-1705(b).
Investigation and   If a facility is damaged, under no
                    circumstances shall a contractor
Reporting           backfill an excavation without first
                    receiving permission from the utility
                    operator whose facility was damaged.

                    43-1706(a).
                    Except as provided in subsection (b)
                    of this section, each person
                    responsible for any excavation or
                    demolition operation which results in
                    damage to an underground facility
                    shall, immediately upon discovery of
                    such damage, notify the operator of
                    such facility of the location and the
                    nature of the damage, and shall allow
                    the operator reasonable time to
                    accomplish necessary repairs before
                    continuing the excavation or
                    demolition in the immediate area of
                    the damaged facility.

                    43-1706(b)
                    Each person responsible for any
                    excavation or demolition operation
                    that results in damage to an
                    underground facility, permitting the
                    escape of any flammable, toxic, or
                    corrosive gas or liquid shall,
                    immediately upon discovery of such
Jurisdiction (who   damage, notify the public utility
                    N/A
enforces)




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                                             Compliance Task Team Research State Statutes


                         Alabama                             Alaska                            Arizona                      Arkansas
Incentives     Not liable if marked wrong.      42.30.410 (h)                        N/A                          N/A
                                                Operators are to treat
                                                notifications of miss-locates as
                                                “emergencies” and respond
                                                accordingly.

                                                Excavators are not held liable for
                                                inadvertent damage if facility was
                                                miss-located.

                                                Operators can recoup locate cost
                                                for less than adequate notice
                                                locates.




Mediation or   N/A                                                                   N/A                          N/A
Arbitration




Penalties      Not to exceed $10,000 civil      42.30.440                            Not to exceed two thousand   $2,500/violation; up to
               penalty.                         Excavators are subject to a civil dollars per violation           $25,000/day for violations
                                                penalty of not less than $50.00 &                                 involving gas or hazardous
                                                not more than $1,000 for each                                     liquids.
                                                offense if the violation results in
                                                or significantly contributes to a
                                                underground facility damage. The
                                                court upon finding an excavator
                                                violation, or threat to violate, can
                                                grant injunctive relief to restrain
                                                such violation.




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                          California                            Colorado                         Connecticut                 Florida
Definitions
Incentives     4216.5                                N/A                                 No
               A “local agency” may recoup
               locate costs (typically through
               permitting fees).

               4216.9. (a)
               No agency permit to excavate is
               valid unless applicant has been
               provided an initial inquiry
               number (ticket).




Mediation or   Administrative & judicial        N/A
Arbitration    hearings by local courts, and or
               via Contractor State License
               Board & Cal OSHA investigation
               process.



Penalties      4216.6. (a) (1)                       9-1.5-104.5. Penalties-cash fund   Sec. 16-356
               Up to $10,000 for negligent                                              Civil penalty of not more than ten
               violation & up to $50,000 for         (1) (a) Every owner or operator of thousand dollars.
               willful and negligent violation.      an underground facility in this
                                                     state shall join the Notification
                                                     Association pursuant to Section 9-
                                                     1.5-105 before September 1,
                                                     1993. (b) Any owner or operator
                                                     of an underground facility who
                                                     does not join the Notification
                                                     Association in Accordance with
                                                     paragraph (a) of this subsection
                                                     (1), shall be liable for a civil
                                                     penalty of two hundred dollars.
                                                     (c) If any underground facility
                                                     located in the service area of an
                                                     owner or operator is damaged as
                                                     a result of such owner's or
                                                     operator's failure to comply with
                                                     paragraph (a) of this subsection
                                                     (1), such owner or operator shall
                                                     be liable for civil penalty in the
                                                     amount of one thousand dollars
                                                     for the first offense and three
                                                     thousand dollars for each
                                                     subsequent offence.

                                                     (2) (a) Any person who intends to
                                                     excavate shall notify the
                                                     Notification Association pursuant
                                                     to Section 9-1.5-103 prior to
                                                     commencing any excavation




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                                                 Compliance Task Team Research State Statutes


                            Georgia                                   Idaho                              Illinois                         Indiana
Definitions
Incentives     Incentive for owners/operators to N/A                                         None                             None
               join one-call: § 25-9-12 (d) .
               (d)[The penalty sections] shall
               not apply to any person who shall
               commence, perform, or engage in
               blasting or in excavating with
               mechanized equipment on any
               tract or parcel of land in any
               county in this state if the utility to
               which notice was given
               respecting such blasting or
               excavating with mechanized
               equipment as prescribed in
               subsection (a) of Code section 25-
               9-6 [see timing] has failed to
               comply with Code Section 25-9-7
               [see marking standards] or has
               failed to become a member of the
               utilities protection center as
               required by Code Section 25-9-4.
               [see membership].


Mediation or   N/A                                       55-2205(3)                          Yes; for jury trials where amount Yes
Arbitration                                              Nothing in this chapter prevents    $30K to $50K (non-binding
                                                         the parties to an excavation        arbitration).
                                                         contract from contracting with
                                                         respect to the allocation of risk
                                                         for changed or differing site
                                                         conditions.

Penalties      25-9-9(b)                                 55-2203(2)(a).                      Mandamus or Injunction;          Injunction; compensatory
               Upon documented evidence that             Excavators shall have the right to $200/no call, $100/calls but      damages; costs of the action;
               the person seeking information as         receive compensation from the       doesn't wait 24 hours            treble damages, attorney's fees.
               to the location of gas pipes or           owner of the underground facility
               other underground utility                 for costs incurred if the owner of
               facilities has incurred losses or         the underground facility does not
               expenses due to inaccurate                locate its facilities in accordance
               information., lack of information,        with this section [see marking
               or unreasonable delays in                 section].
               supplying information by the
                                                   55-2203(2)(b).
               utility, the utility shall be liable to
               that person for his losses.         The owner of the underground
                                                   facility shall have the right to
               25-9-13(a).                         receive compensation for costs
               Any person who violates the         incurred in responding to
               requirements of Code Section 25- excavation notices given less than
               9-6 shall be guilty of a crime      two business days prior to the
               punishable by payment of a fine excavation except for notices
               of $1,000.00 for the first offense, given for discovered facilities
               and $3,000.00 for any subsequent after the owner has identified
               offenses occurring within a 12      facilities.
               month period. The fine provided
               for in this subsection shall not be 55-2203(4).
               imposed on a person engaged in The state, county, city or highway
               farming activities on land he       district public road agency shall
               owns or leases.                     have the right to receive
                                                   compensation from the
               29-9-13(b).                         underground facility owner for
               Any person who violates the         standby cost (based on standby
               requirements of Code Section 25- rates made publicly available)
               9-6 and whose subsequent            incurred as a result of waiting for
               excavating or blasting damages the owner to arrive at the work




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                            Iowa                          Kansas                         Kentucky                               Louisiana
Definitions
Incentives     N/A                                 None                       N/A                                    N/A




Mediation or   N/A                                 None                       N/A                                    N/A
Arbitration




Penalties      Natural gas and hazardous liquid Maximum of $25,000 per day.   Section 9.                             A person who is required by law
               violation - not to exceed $10,000                              Any person who violates any            to participate in a notification
               each violation, with a max of                                  provision of Sections 3 to 7 of        center and who fails to provide
               $500,000                                                       this Act shall be subject to a civil   information or marking -1st
                                                                              penalty of one thousand dollars        violation, a civil penalty of not
               Other underground facility -                                   for each violation, except that the    more than $250; 2nd violation, a
               $1,000 each violation, with a max                              civil penalty shall be two hundred     civil penalty of not more than
               of $20,000                                                     and fifty dollars for the first        $500; 3rd violation, a civil
                                                                              violations and five hundred            penalty of not more than $1,000;
                                                                              dollars for the second violation.      4th violation and each subsequent
                                                                              This penalty shall not apply for       violation, a civil penalty of not
                                                                              persons or acts excluded under         less than two thousand dollars nor
                                                                              Sections 2(5) [excavator], 4           more than $25,000.
                                                                              [exemptions/emergency] and 8
                                                                              [see exemptions] of this Act.          An excavator or demolisher who
                                                                                                                     violates - 1st violation, a civil
                                                                              Action to recover the penalty          penalty of not more than $250;
                                                                              provided for in this section may       2nd violation of a similar nature
                                                                              be brought by the Attorney             within a 2 year period from the
                                                                              General at the request of the          previous violation, a civil penalty
                                                                              injured party in the county in         of not more than $500; 3rd
                                                                              which the cause arose or in which      violation of a similar nature
                                                                              the defendant has its principal in-    within a 2 year period from a
                                                                              state place of business or             previous violation, a civil penalty
                                                                              residence. The Attorney General        of not more than $1,000; 4th
                                                                              may engage the assistance of the       violation and each subsequent
                                                                              county attorney or                     violation of a similar nature
                                                                              Commonwealth attorney in the           within a 2 year period from the
                                                                              appropriate jurisdiction. Each         previous violation, a civil penalty
                                                                              involved enforcement authority         of not less than two thousand
                                                                              may recover its enforcement cost       dollars nor more than $25,000.
                                                                              incurred under this section.




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                                           Compliance Task Team Research State Statutes


                           Maine                        Massachusetts                         Maryland                            Michigan
Definitions
Incentives     None                             After 12 months of no violations N/A                                   None
                                                of statute, violators reacquire a
                                                first offender status.




Mediation or   None                             None                               N/A                                 Yes
Arbitration




Penalties      $1,000 maximum plus liability.   $500 first offense                 Failure to give notice; civil        Statewide Injunction against
                                                $1,000-$5,000 subsequent           penalty.                             person who damages public
                                                offenses                                                                utility on more than 3 occasions
                                                                                    Any person or contractor who        on any 1 construction contract
                                                Exemptions - State and local        excavates without first giving the location.
                                                government bodies are exempted notice required in subsection (e)
                                                from the civil penalty if they fail of this section, and who damages,
                                                to tender notification or fail to   dislocates or disturbs an
                                                exercise precaution.                underground facility, shall be
                                                                                    deemed negligent and shall be
                                                                                    subject to a civil penalty up to
                                                                                    $1,000for the first offense and
                                                                                    $1,000 for each subsequent
                                                                                    offense, or ten times the cost of
                                                                                    repairing the damage to the
                                                                                    underground facility. Actions to
                                                                                    recover the civil penalties
                                                                                    provided for in this section shall
                                                                                    be brought either by the owner
                                                                                    whose underground facilities
                                                                                    were damaged or by the Attorney
                                                                                    General in the name of the people
                                                                                    in this State, in a court of
                                                                                    competent jurisdiction in
                                                                                    Baltimore City or the county in
                                                                                    which the damage occurred. All
                                                                                    penalties recovered from such
                                                                                    action, including reasonable
                                                                                    attorney's fees, shall be paid into
                                                                                    the general Fund of the State
                                                                                    Treasury.




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                                            Compliance Task Team Research State Statutes


                         Minnesota                         Mississippi                        Missouri                             Montana
Definitions
Incentives     N/A                               Liable for damages if doesn’t call. For joining the one-call center, N/A
                                                                                     see membership and exemptions




Mediation or   Commissioner may negotiate a     N/A                               N/A                                   N/A
Arbitration    compromise settlement of a civil
               penalty.




Penalties      Civil penalty not greater than     Cost of damages.                319.040                               The governing authority is not
               $500 for each violation per day of                                 The failure of any excavator to       liable for any damages caused or
               violation.                                                         give notice of proposed               suffered by the registered land
                                                                                  excavation activities as required     surveyor or any person under the
                                                                                  by this chapter shall be a            supervision of the registered land
                                                                                  rebuttable presumption of             surveyor.
                                                                                  negligence on his part in the
                                                                                  event that such failure shall cause   The registered land surveyor is
                                                                                  injury, loss or damage. In            liable for damages incurred
                                                                                  additional to any penalties           regarding facility destruction.
                                                                                  provided herein, liability under
                                                                                  common law may apply.              A public utility, municipal
                                                                                                                     corporation, underground facility
                                                                                  319.045(3).                        owner, or other person having the
                                                                                  Any person who violates in any right to bury underground
                                                                                  material respect the provisions of facilities is not liable for any
                                                                                  this chapter or who willfully      damages suffered by the
                                                                                  damages an underground facility registered land surveyor or any
                                                                                  shall be liable to the state of    person under the control of the
                                                                                  Missouri for a civil penalty of up registered land surveyor.
                                                                                  to ten thousand dollars for each
                                                                                  violation for each day such        Liability for damages to
                                                                                  violation persist, except that the underground facilities.
                                                                                  maximum penalty for violation of (1) If any underground facility is
                                                                                  the provisions of section 319.010 damaged by any person who has
                                                                                  to 319.050 [the entire statute]    failed to obtain information as to
                                                                                  shall not exceed five hundred      its location as provided in 69-4-
                                                                                  thousand dollars for any related 503, then such person shall be
                                                                                  series of violations. An action to liable to the owner of the
                                                                                  recover such civil penalty may be underground facility for the entire
                                                                                  brought by the attorney general or cost of the repair of such facility.
                                                                                  a prosecuting attorney on behalf (2) If information requested




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                                               Compliance Task Team Research State Statutes


                            Nevada                              Nebraska                      New Hampshire                           New Jersey
Definitions
Incentives     455.150                                N/A                               No                                  N/A
               “Release from liability for costs
               of repairs”...if person
               substantially complied with all
               provisions.

               455.160
               PSC can grant injunctive relief.




Mediation or   455.170.7.                             N/A                               No
Arbitration    Judicial review available for any
               person aggrieved by PSC
               determination.




Penalties      455.170.5.                             Civil penalty:                    RSA 374:55                          The provisions of section 16 of
               Civil Penalty: In determining          Gas not >$10,000 per violation,   Proof that an excavation has been   this act [48:2-88] to the contrary
               amount of penalty, settlement, or      per day max $500,000;             made without compliance shall be    notwithstanding, a person who is
               compromise, the PSC shall              Other facility not >$500 per      prima facie evidence.               determined by the board, after
               consider: gravity, good faith of       violation, per day max $5,000                                         notice and opportunity to be
               violator, violation history.                                             PUC 805.06                          heard, to have violated any
                                                                                        Not to exceed $5000.                provision of this act or any rule,
               455.170                                                                                                      regulation, or order adopted
               Willful or repeatedly violates: up                                                                           pursuant thereto with respect to a
               to $1,000 per day for each                                                                                   natural gas underground pipeline
               violation, not to exceed $100,000                                                                            or distribution facility, or a
               for any related series of violations                                                                         hazardous liquid underground
               within a calendar year.                                                                                      pipeline or distribution facility,
                                                                                                                            shall be liable to a civil penalty
               Negligently violates: Not to                                                                                 not to exceed $25,000 for each
               exceed $200 per day for each                                                                                 violation for each day the
               violation & not to exceed $1,000                                                                             violation continues, except that
               for any related series of violations                                                                         the maximum civil penalty may
               per calendar year.                                                                                           not exceed $500,000 for any
                                                                                                                            related series of violations.

                                                                                                                            An operator or excavator, or the
                                                                                                                            person who operates the One-Call
                                                                                                                            Damage Prevention System, who
                                                                                                                            violates any provision of this act
                                                                                                                            or any rule or regulation or order
                                                                                                                            adopted pursuant thereto shall be
                                                                                                                            liable to a civil penalty of not less
                                                                                                                            than $1,000 and not more than
                                                                                                                            $2,500 per day for each day the
                                                                                                                            violation continues, except that
                                                                                                                            the maximum civil penalty may




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                                             Compliance Task Team Research State Statutes


                       New Mexico                          New York                       North Carolina                     North Dakota
Definitions
Incentives     N/A                               N/A                              N/A                               N/A




Mediation or   N/A                               N/A                              None (new draft law has this)     N/A
Arbitration




Penalties      Not to exceed $500 for each       765.                                 None (new legislation has some) None
               offence                           1. Civil penalties.
                                                  a. Failure to comply with any
                                                 provision of this article shall
                                                 subject an excavator or an
                                                 operator to a civil penalty of up to
                                                 one thousand dollars for the first
                                                 violation and up to an additional
                                                 seven thousand five hundred
                                                 dollars for each succeeding
                                                 violation which occurs in
                                                 connection with the entire self-
                                                 same excavation or demolition
                                                 activity within a two month
                                                 period.
                                                   b. The penalties provided for by
                                                 this article shall not apply to an
                                                 excavator who damages an
                                                 underground facility due to the
                                                 failure of the operator to comply
                                                 with any of the provisions of this
                                                 article nor shall in such instance
                                                 the excavator be liable for repairs
                                                 as prescribed in subdivision five
                                                 of this section.
                                                   c. An action to recover a penalty
                                                 under this article may be brought
                                                 in the supreme court in the
                                                 judicial district in which the
                                                 violation was alleged to have
                                                 occurred which shall be
                                                 commenced and prosecuted by




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                                             Compliance Task Team Research State Statutes


                            Ohio                         Oklahoma                          Oregon                        Pennsylvania
Definitions
Incentives     None                              N/A                         Sect. 7 (5) a.& b
                                                                             PUC may reduce penalty if
                                                                             violator admits to violation and
                                                                             makes timely request for
                                                                             reduction of penalty, or submits
                                                                             to PUC within 15 days a request
                                                                             for reduction..




Mediation or   Yes                               N/A                         Sect. 7 (5)                        N/A
Arbitration                                                                  Up to PUC




Penalties      Temporary restraining order       N/A                         Sect. 7 (1) (2)                    (a) Any person violating any of
               under Civil Rule 65;                                          Violations, up to $1,000 f/1st     the provisions of this act, except
               compensatory damages.                                         violation, up to $5,000 for each   clause (1) of section2, shall, upon
                                                                             subsequent.                        conviction in a summary
                                                                                                                proceeding, be sentenced to pay a
                                                                             Intentional violations, up to      fine of not less than two thousand
                                                                             $5,000 for 1st violation and up to five hundred dollars ($2,500) nor
                                                                             $10,000 for subsequent.            more than twenty-five thousand
                                                                                                                dollars ($25,000) or undergo
                                                                                                                imprisonment for not more than
                                                                                                                ninety days, or both. A violation
                                                                                                                of clause (1) of section 2 shall be
                                                                                                                a civil offense punishable by a
                                                                                                                fine of not more than five
                                                                                                                hundred dollars ($500) per day
                                                                                                                for each day of the offense. The
                                                                                                                Attorney General of the
                                                                                                                Commonwealth or any district
                                                                                                                attorney or magistrate may
                                                                                                                enforce the provisions of this act
                                                                                                                in any court of competent
                                                                                                                jurisdiction. The Department of
                                                                                                                Labor and Industry, in
                                                                                                                consultation with the Attorney
                                                                                                                General, may also enforce the
                                                                                                                provisions of this act in any court
                                                                                                                of competent jurisdiction. A
                                                                                                                facility owner may petition any
                                                                                                                court of competent jurisdiction to
                                                                                                                enjoin any excavation or
                                                                                                                demolition work conducted in
                                                                                                                violation of this act. This act




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                       Rhode Island                     South Carolina                       South Dakota                       Tennessee
Definitions
Incentives     None                              N/A                                N/A                              Not liable if call and follow
                                                                                                                     procedures.




Mediation or   None                              N/A                                N/A                              N/A
Arbitration




Penalties      $200 for first offense, $500-     Section 58-35-120                   Up to $1,000 for violation of   $1,000 civil penalty
               $1,000 for subsequent offenses.   Any person who violates any         reporting damage
                                                 provision of this chapter shall be
                                                 subject to a civil penalty not to
                                                 exceed one thousand dollars for
                                                 each such violation. Actions to
                                                 recover the penalty provided for
                                                 in this section shall be brought by
                                                 the attorney general at the request
                                                 of the injured party in the proper
                                                 forum in and for the county in
                                                 which the cause, or some part
                                                 thereof, arose or in which the
                                                 defendant has its principal place
                                                 of business or resides. All
                                                 penalties recovered in any such
                                                 actions shall be paid into the
                                                 general fund of the State. This
                                                 chapter does not affect any civil
                                                 remedies for personal injury or
                                                 property damage except as
                                                 otherwise specifically provided
                                                 for in this chapter. The penalty
                                                 provisions of this chapter are
                                                 cumulative to and not in conflict
                                                 with any provisions of law with
                                                 respect to civil remedies for
                                                 personal injury or property
                                                 damage.




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                             Texas                                   Utah                            Vermont                            Virginia
Definitions
Incentives     N/A                                    54-8a-6(2). 2.a. An excavator is None                                 Avoidance of liabilities created
                                                      not liable for damage of an                                           by law, including treble damages
                                                      underground facility if he or she                                     is some cases, revocation of
                                                      has: i. given proper notice of the                                    certification of one-call centers.
                                                      proposed excavation as required                                       No positive incentives noted.
                                                      in this chapter; ii. marked the
                                                      area of the proposed excavation
                                                      as required in Section 54-8a-4
                                                      [see pre-marking]; iii. complied
                                                      with section 54-8a-5.5 [see safe
                                                      excavation practices], and iv.
                                                      complied with section 54-8a-7
                                                      [see damage investigating and
                                                      reporting].

                                                      If an operator does not comply
                                                      with subsection (b)(i) [see
                                                      membership], he is liable for
                                                      damages incurred by an excavator
                                                      who has complied with the
                                                      requirements under this chapter.


Mediation or   N/A                                    N/A                                     None                          Agreements between operator
Arbitration                                                                                                                 and excavator can extend
                                                                                                                            notification time.




Penalties      An excavator that is found to          54-8a-6:                           Maximum of $1,000 plus liability   Not exceeding $2,500 for each
               violate Section 9 (Duty of an          (1) Damage to an underground       if an operator fails to properly   violation. Punitive damages, as
               Excavator) or Section 16               facility by an excavator who       mark a utility line.               distinguished from actual
               (Excavation Damage) is liable for      excavates but fails to comply with                                    damages, limited to $10,000.
               a civil penalty of not less than       section 54-8a-4 [see timing, pre-
               $50 or more than $100. If the          marking, membership,
               excavator violates the Sections 9      exemptions & marking
               or 16 before the first anniversary     standards], is prima facie
               of the date of the most recent         evidence that the excavator is
               violation, the excavator is liable     liable for any damage caused by
               for a civil penalty of not less than   the negligence of that excavator.
               $100 or more than $500. And if
               the excavator violates the             2.a. An excavator is not liable for
               Sections 9 or 16 at least two other    damage of an underground
               times before the first anniversary     facility if he or she has: i. given
               of the date of the most recent         proper notice of the proposed
               violation, the excavator is liable     excavation as required in this
               for a civil penalty of not less than   chapter; ii. marked the area of the
               $100 or more than $500.                proposed excavation as required
                                                      in Section 54-8a-4 [see pre-
                                                      marking]; iii. complied with
                                                      section 54-8a-5.5 [see safe
                                                      excavation practices], and iv.
                                                      complied with section 54-8a-7
                                                      [see damage investigating and
                                                      reporting].

                                                      54-8a-6(b):
                                                      An excavator is not liable for
                                                      damage to an underground
                                                      facility if an operator has failed to
                                                      comply wit section 54-8a-5 or 54-




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                                              Compliance Task Team Research State Statutes


                         Washington                         West Virginia                      Wisconsin                         Wyoming
Definitions
Incentives     19.122.045                           Avoidance of liability, no positive None                          N/A
               Excavators that comply with          incentives noted.
               chapter and notify of damage
               caused to fiber optic line are not
               liable for other than repair costs




Mediation or   19.122.070 (1)                     N/A                                 Yes                             N/A
Arbitration    WUTC can compromise penalty
               commensurate with seriousness
               of violation committed by facility
               owner or excavator -
               consideration or wavier of
               penalties for 1st time offense if
               little or no damage.
Penalties      19.122.070 (1)                     N/A                                 Injunction                      Knowing & willingly violates act
               Up to $25,000 for each violation -                                     $2K if damage; $1K if no damage – civil penalty <$5,000.
               not to exceed $500,000 for                                             No damage award against owner
               continuing series of violations.

               19.122.070 (2)
               Treble fines for “willfully or
               maliciously” damaging & for “no
               call” damages.




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                          District of Columbia
Definitions
Incentives         N/A




Mediation or       N/A
Arbitration




Penalties          43-1707(a).
                   If any underground facility is damaged
                   through the fault of any person, that
                   person shall be liable to the owner of
                   the underground facility for the total
                   cost of the repair or, if necessary, the
                   replacement of the damaged
                   underground facility.

                   43-1707(b).
                   If any underground facility is damaged
                   by any person carrying out excavation
                   or demolition without having
                   complied with the notice provisions of
                   this chapter, that person shall be liable
                   to the owner of the underground
                   facility for treble the cost of repair or
                   replacement of the damaged
                   underground facility.

                   43-1707(c).
                   Any person who violates any
                   provision of this chapter shall be
                   subject to a civil penalty not to exceed
                   $1,000 for each such violation.
                   Action to recover the civil penalties
                   provided for in this section shall be
                   brought by the Corporation Counsel of
                   the District of Columbia in the
                   Superior Court of the District of
                   Columbia. All penalties recovered
                   from such action, including reasonable




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                   Alabama                             Alaska                            Arizona                            Arkansas
Timing   Call – 48 hours                  Call: 42.30.400(a)                 Call: No person shall begin         Call – 2 to 10 working days
                                          Two to 15 business days ahead of   excavating before the location      before
         Response – 48 hours; if exc.     the excavation date, except in     and marking are complete or the
         has called and finds an          “emergency”.                       excavator is notified that marking Response – 2 days after call
         unmarked utility, utility has 4                                     is unnecessary.
         hours to respond                Response: 42.30.400 (d)                                                 Life of ticket – 20 working days
                                         Within 2 working days or ahead If the excavation will continue          (if work is concluded within 20
         Life of Ticket – 14 calendar    of the dig time whichever is later. past the validity period of the     days or if marks gone, contractor
         days from date of excavation    For “remote” areas, response is     marks the excavator shall notify required to call back)
         (proposed)                      required within 10 working days. the facility owner or an
                                                                             organization designated by the
         Exemptions - Extending service Exemption - 42.30.450                facility owner at least two days
         lines off right of way & are    Waiver of requirements:             before the end of the validity
         hand digging don’t have to call Excavator & operator may enter period.
                                         into agreement for specific
                                         geographical areas where no         Response: The owner of the
                                         excavation notice and no            facility shall respond as promptly
                                         response is acceptable.             as practical, but in no event later
                                                                             than two working days. Marking
                                                                             is valid for fifteen days from the
                                                                             date of the marking, excluding
                                                                             Saturdays, Sundays and other
                                                                             legal holidays.




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                        California                           Colorado                           Connecticut              Florida
Definitions
Timing        Notice of Excavation: 4216.2 (a) Call: Notice of the                      Call - Sec. 16-349
              2 working days to 14 calendar       commencement, extent, and             Call two days prior excluding
              days.                               duration of the excavation work       sat,sun and holidays. Not more
                                                  shall be given at least two           than 30 days
              Exemption: 4216.2.(a)&(b)           business days prior thereto not       before commencing excavation.
              Emergency excavations where         including the day of actual notice.
              there is an imminent threat to life
              or property.
                                                  Response: If information
              Response: 4216.3. (a)               requested and needed by an
              Per timely notification, facilities excavator is not provided by the
              must be marked within 2 working owner or operator pursuant
              days, or ahead of the excavation, thereto within two business days,
              which ever is later, or as mutually not including the day of the actual
              agreed to by the operator and       notice, or such later time as
              requester, or otherwise advise the agreed upon by the excavator and
              requester of the facility location, the owner or operator or if the
              or of a facility non-conflict with information provided fails to
              the excavation.                     identify the location of the
                                                  underground facilities, the
              Life of Ticket: 4216.2.(c)          excavator shall immediately give
              14 days (may be re-validated with notice to the Association or the
              pre-notice to center).              owner or the operator and may
                                                  proceed and shall not be liable for
                                                  such damage except upon proof
                                                  of such excavator's negligence.

                                                 The markings of underground
                                                 facilities shall be considered valid
                                                 so long as the markings are
                                                 clearly visible but not for more
                                                 than thirty calendar days.




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                          Georgia                                  Idaho                                 Illinois                           Indiana
Definitions
Timing        Call - 25-9-6.(a)                      Call - 55-2203.                        Call - not < 24 hours or > 14 days Call - 2 - 20 days prior to
              No person shall commence,              Before commencing excavation,          prior to excavation                excavation
              perform, or engage in blasting or      the excavator shall (a) comply
              in excavating with mechanized          with other applicable law or           Response - within 48 hours of       Response - Within 2 full working
              excavating equipment on any            permit requirements of any public      receipt of notice                   days of receiving notice
              tract or parcel of land in any         agency issuing permits; (b)
              county in this state unless and        provide notice of the scheduled
              until the person planning the          commencement of excavation to
              blasting or excavating , at least 72   all owners of underground
              hours prior to commencement of         facilities through a one-number
              the work, excluding hours during       locator service. If no one-number
              days other than business days,         locator service is available, notice
              has given actual notice to the         shall be provided individually to
              utilities protection center, which     those owners of underground
              notice shall (1) Describe the tract    facilities known to have or
              or parcel of land upon which the       suspected of having underground
              blasting or excavating is to take      facilities within the area of
              place with sufficient particularity    proposed excavation. The notice
              to enable the utility to ascertain     shall be communicated to the
              the precise tract or parcel of land    owners of underground facilities
              involved; (2) State the name,          not less than two business days
              address, and telephone number of       nor more than ten) business days
              the person who will engage in the      before the scheduled date for
              blasting or excavating and state       commencement of excavation,
              whether such person desires to be      unless otherwise agreed by the
              notified in the event there are no     parties.
              utility facilities present on the
              tract or parcel specified; (3)
              Describe the type of blasting or
              excavating to be engaged in by         Exemptions - 55-2203(3).
              the person; and (4) Designate the      Emergency excavations are
              date upon which the blasting or        exempt from the time




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                            Iowa                         Kansas                            Kentucky                               Louisiana
Definitions
Timing        Call - 48 hours                 Call - No greater than 10 days    Call - Section 6.                     Call: Notice shall be given to the
                                              and no less than 48 hrs (2        (1) Each excavator planning           notification center at least 48
              Response - w/in 48 hours        working days) before excavating   excavation or demolition work         hours, but no more than 120
                                              except in an emergency. Remarks   shall, not less than two business     hours excluding weekends,
              Life of Ticket - 5 days on      are 24 hours.                     days nor more than business days      holidays, in advancement of the
              nonpermanent surface; 10 days                                     prior to commencing work, notify      commencement of any excavation
              on permanent surface            Response - Within 48 hrs. (2      each affected operator of the         or demolition activity.
                                              working days). Within 24 hours    excavator's intended work and
                                              for a remark.                     work schedule. Contacting the         Response: Marking is deemed
                                                                                applicable protection notification    good as long as visible but not
                                                                                centers shall satisfy this            longer than 10 calendar days,
                                                                                requirement. Each excavator           including weekends and holidays.
                                                                                shall provide each applicable
                                                                                protection notification center with   An additional notice to the
                                                                                adequate information regarding        regional notification center shall
                                                                                (a) the name of the individual        be given by the excavator or
                                                                                making the notification; (b) the      demolisher in accordance with
                                                                                complete company name,                the provision of this Part when
                                                                                address, and business telephone       the marks are no longer visible or
                                                                                number; (c) the work site location    if the excavation or demolition
                                                                                street address, including the cross   cannot be completed within 10
                                                                                street where applicable; (d) the      calendar days from the mark by
                                                                                type, extent, duration, and           time, whichever occurs first.
                                                                                scheduled starting date and time
                                                                                of work to be performed; (e) a        If the operator does not visibly
                                                                                contact name and telephone            mark the location of these
                                                                                number of the person responsible      facilities or utilities, the operator
                                                                                for the work to be performed.         must take action or provide
                                                                                                                      information to enable an
                                                                                Response - Section 7(1)-(4).          excavator using reasonable and
                                                                                Each protection notification          prudent means to determine the
                                                                                center shall (1) Operate the          approximate location of the




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                           Maine                        Massachusetts                         Maryland                              Michigan
Definitions
Timing        Call - No greater than 30 days    Call - No greater than 30 days      Response - After receipt of a        Call - not < 3 full working days or
              and no less than 3 working days   and no less than 72 hrs (3          notice from a contractor of an       > 21 calendar days before
              before excavating except in an    working days) before excavating     intent to excavate at a specific     excavating.
              emergency. Remarks are 24         except in an emergency. Remarks     location, determine within 48
              hours.                            are 24 hours.                       hours (excluding Saturdays,          Response - At least 1 day in
                                                                                    Sundays and legal holidays)          advance of proposed excavation.
              Response - Within 48 hrs. (2      Response - Within 72 hours (3       whether a proposed excavation is
              working days) .Within 24 hours    working days). Within 24 hours planned within 5 feet of the
              for a remark.                     for a remark.                       horizontal plane of an
                                                Exemption - When excavation         underground facility, or whether a
              Ticket Life - Excavation must     projects are vast, operators may proposed excavation, by blasting,
              begin within 30 days of call.     work with excavators on a           is planned in such proximity to an
              Obliteration requires a remark.   predetermined basis to              underground facility that the
                                                continually mark projects without facility may be disturbed or
                                                marking the entire project within damaged.
                                                72 hours if it is a project of long
                                                duration.                           Notify the contractor within 48
                                                                                    hours (excluding Saturdays,
                                                Life of Ticket - If tendered within Sundays, and legal holidays) after
                                                30 days of excavation, the ticket receipt of a notice if an
                                                is valid as long as the excavator underground facility might be
                                                remains on the site and the         disturbed or damaged.
                                                marks are visible and accurate.
                                                                                    Mark the location of an
                                                                                    underground facility within 18
                                                                                    inches on a horizontal plane on
                                                                                    either side of the facility if the
                                                                                    owner determines that a proposed
                                                                                    excavation is planned within 5
                                                                                    feet of the horizontal
                                                                                    underground facility, or if a
                                                                                    proposed excavation, by blasting,




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                                         Compliance Task Team Research State Statutes


                        Minnesota                     Mississippi                          Missouri                            Montana
Definitions
Timing        Call - 48 hours                Call - 2 working days or 48 hours Call - 319.025.                      Call: Before beginning an
                                                                               Except as provided in section        excavation, the excavator shall
              Response - w/in 48 hours       Response - 2 days                 319.030 [see positive response &     notify, through a one-call
                                                                               safe marking standards] and          notification center, all owners of
                                             Life of Ticket - 10 calendar days 319.050 [see exemptions &            underground facilities in the area
                                                                               emergency response], a person        of the proposed excavation.
                                                                               shall not make or begin any
                                                                               excavation in any public street,     Response: After an excavator has
                                                                               road or alley, right-of-way          notified the appropriate one-call
                                                                               dedicated to the public use or       notification center of a proposed
                                                                               utility casement of record or        excavation, an owner of an
                                                                               within any private street or         underground facility shall: (a)
                                                                               private property without first,      provide the locates and mark the
                                                                               when necessary to determine          location within 2 business days or
                                                                               proximity to underground             notify the excavator that locating
                                                                               facilities, giving notice to and     and marking is unnecessary; or
                                                                               obtaining information concerning     (b) respond immediately if the
                                                                               the possible location of any         excavator notifies the one-call
                                                                               underground facilities which may     notification center that an
                                                                               be affected by said excavation       emergency exists.
                                                                               from each and every owner and
                                                                               operator of underground facilities   If excavation has not occurred
                                                                               whose name appears on the            within 30 days of the locate and
                                                                               current list of the recorder of      mark, the excavator shall request
                                                                               deeds in and for the county in       that the facility be relocated and
                                                                               which the excavation is to be        remarked before excavating
                                                                               made. The notice referred to         unless other arrangements have
                                                                               herein shall comply with the         been made with the underground
                                                                               provisions of section 319.026        facility owner. The excavator is
                                                                               [see timing ].                       responsible for costs associated
                                                                                                                    with relocating and remarking a
                                                                               An excavator's notice to a           facility that is not excavated




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                          Nevada                              Nebraska                      New Hampshire                         New Jersey
Definitions
Timing        Call: 2 working days to 14           Call - 2 full business days        Call - RSA 374:51                  Call - An excavator shall notify
              calendar days.                                                          Prior notification of 72 hours and the One-Call Damage Prevention
                                                   Response - w/in 48 hours or 2      not to exceed 30 days.             System of his intent to engage in
              Exemption: Persons are exempt        business days                                                         excavation or demolition not less
              from notification requirements if                                                                          than three business days and not
              subsurface installation is owned     Ticket Life - 5 business days on                                      more than 10 business days prior
              and operated by the person           nonpermanent surface, or 10                                           to the beginning of the excavation
              conducting the excavation.           business days on permanent.                                           or demolition. In the case of a
                                                                                                                         new notification that is required
              Exemption: “Exemption from                                                                                 pursuant to (b) or (c) below, the
              compliance”...”person” is exempt                                                                           excavator shall notify the system
              if obtained written consent of all                                                                         not less than three business days
              operators in the area of                                                                                   and not more than 10 business
              excavation before obtaining                                                                                days prior to the date on which
              permit...(455.107)                                                                                         the previous notice ceases to be
                                                                                                                         valid.
              Exemption: If loss of life or
              property is likely, excavators are                                                                        Ticket Life - Notice pursuant to
              exempt from notification                                                                                  (a) above for an excavation that is
              requirements but shall notify the                                                                         not commenced within 10
              operator of the action taken as                                                                           business days after notifying the
              soon as practicable.                                                                                      One-Call Damage Prevention
                                                                                                                        System shall no longer be valid
                                                                                                                        and any excavation occurring
              Response: Within 2 working                                                                                after 10 business days shall
              days or a later mutually agreed to                                                                        require new notification pursuant
              time.                                                                                                     to (a) above.

                                                                                                                        Notice pursuant to (a) above for
                                                                                                                        an excavation that is commenced
                                                                                                                        within 10 business days shall
                                                                                                                        remain valid for 30 business days




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                    New Mexico                  New York                          North Carolina                      North Dakota
Definitions
Timing        N/A                    Call: (764)                           Call - 48 hours (2 to 10 days      Call - 48 Hrs
                                     No excavator shall commence or        before digging)
                                     engage in any excavation or                                              Response - w/in 48 Hrs or + 24
                                     demolition unless and until           Response - 48 hours (by start      Hr extension
                                     timely notice is served of the        date)
                                     location and date of the proposed                                        Ticket life - Not > than 72 hrs
                                     excavation or demolition as           Life of ticket - 10 working days   unless agreed upon by owner.
                                     provided in this article to
                                     operators who maintain                Exemptions - Highway
                                     underground facilities in the area    Department doesn’t have to call
                                     in which the excavation or            for maintenance
                                     demolition is to take place. The
                                     provision of such notice to a one-
                                     call notification system is deemed
                                     to be compliance with this
                                     section; and notice to the one-call
                                     notification center is notice to
                                     each member. Such notice shall
                                     be served in accordance with the
                                     rules and regulations adopted by
                                     the public service commission
                                     pursuant to section one hundred
                                     nineteen-b of the public service
                                     law.

                                     Response: (763-2)
                                     Upon receipt of the notification
                                     provided for by this article either
                                     directly from the excavator or
                                     from the one-call notification
                                     system and pursuant to the rules
                                     and regulations adopted by the




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                           Ohio                           Oklahoma                              Oregon                            Pennsylvania
Definitions
Timing        Call - Not < 48 hours or > 10   Call                                  Call: 0050 (1):                      Call - To request the location and
              days prior to excavation.       Shall be given no more than 10        Two to 10 business days or           type of facility owner lines at
                                              days, not less than 48 hour,          ASAP if excavation is to mitagate    each site by notifying the facility
              Response - At least 48 hours in excluding Saturday, Sunday, and       “emergency”.                         owner through a One Call
              advance of proposed excavation. legal holidays.                                                            System. Notification shall be not
                                                                                    Response - 0070 (1)                  less than three nor more than ten
              Remarking as required; utility to Response                            Within 2 business days must          working days in advance of
              remark within 48 hours of notice. Whenever an operator is served      mark or notify.                      beginning excavation or
                                                with notice of an excavation or                                          demolition work
                                                demolition and determines that he   Exemption - [
                                                does not have underground           Prenotification is not required by   To provide a One Call System
                                                facilities located within the       excavator if ]all of following       with specific information to
                                                proposed area of excavation or      must apply: (a) excavator is         identify the site so that facility
                                                demolition, the operator shall      tenant or property owner, (b)        owners might provide indications
                                                communicate this information to     Excavation is on private property    of their lines. A contractor shall
                                                the excavator originating the       of that owner or tenant, (c)         be deemed to have met the
                                                notice prior to the                 excavation is less than 12” deep,    obligations of clause (2.1) if he
                                                commencement of such                (d) excavation is not on             calls a One Call System, provides
                                                excavation or demolition.           established easement.                the required information and
                                                                                                                         receives a serial number


                                                                                                                         Response - Not more than ten
                                                                                                                         working days after receipt of a
                                                                                                                         request therefor from a designer
                                                                                                                         who identifies the site of
                                                                                                                         excavation or demolition work for
                                                                                                                         which he is preparing a drawing,
                                                                                                                         to initially respond to his request
                                                                                                                         for information as to the position
                                                                                                                         and type of the facility owner's
                                                                                                                         lines at such site based on the




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                      Rhode Island                       South Carolina                       South Dakota                       Tennessee
Definitions
Timing        Call - No greater than 30 days      Call (Section 58-35-60)             Call - 48 hrs and not >10 days   Call -72 hours/3 working days
              before and no less than 48 hrs (2   (a) Except as provided in
              working days) before excavating     Sections 58-35-50 and 58-35-90, Response - w/in 48 hrs               Response - Up to specified time
              except in an emergency.             before commencing any                                                to dig or 72 hours, whichever is
                                                  excavation or demolition                                             greater
              Response - Within 48 hrs. (2        operation as described in Section
              working days) .Within 24 hours      58-35-40, each person                                                Life of Ticket -10 working days.
              for a remark.                       responsible for such excavation
                                                  or demolition shall serve advance
              Ticket Life - Excavation must       written or telephonic notice of
              begin within 30 days of             intent to excavate or demolish not
              notification. Marks are good as     less than three, but not more than
              long as they are intact.            ten full working days
                                                  (c) If the notification required by
                                                  this section is made by telephone,
                                                  an adequate record of such
                                                  notification shall be maintained
                                                  by the operators and associations
                                                  notified to document compliance
                                                  with the requirements of this
                                                  chapter.

                                                  Response (Section 58-35-80)
                                                  Each operator or designated
                                                  representative, including an
                                                  association established in
                                                  accordance with Section 58-35-
                                                  70, notified in accordance with
                                                  Section 58-35-60, shall, not less
                                                  than one working day in advance
                                                  of the proposed excavation or
                                                  demolition, unless another period




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                            Texas                                  Utah                               Vermont                          Virginia
Definitions
Timing        Call                                   Call - 54-8a-4.                       Call - No greater than 30 days  Call - Excavators wait 48 hours
              Excavators are to notify the           1.a. before excavating, an            and no less than 48 hrs (2      following notification
              notification center not earlier than   excavator must notify each            working days) before excavating
              14 days before the date the            operator with underground             except in an emergency.         Response - marking to be done
              excavation is to begin or later        facilities in the area of proposed                                    generally within 48 hours of
              than the 48 hours before the date      excavation...(2) Notice must (a)      Response - Within 48 hrs. (2    notification
              the excavation is to begin,            be given by telephone, in person,     working days). Within 48 hours
              excluding Saturday, Sunday, and        or by other means acceptable to       for a remark.                   Ticket Life - good for 15 days
              legal holidays.                        each operator; (b) be given not
                                                     less than 48 hours nor more than      Ticket Life - Excavation must
                                                     seven days before the                 begin no later than 30 days after
                                                     commencement of excavation,           call. Obliteration requires remark.
                                                     and (c) include the proposed
                                                     excavation's anticipated location,
                                                     dimensions, and duration.

                                                     54-8a-4
                                                     If there is an association in the
                                                     county, notice to that association
                                                     constitutes notice to each
                                                     operator in the county.


                                                     Response - 54-8a-4(6).
                                                     If markings made by the operator
                                                     have been disturbed so that they
                                                     no longer identify the
                                                     underground facilities (a) an
                                                     excavator shall notify the
                                                     association or each operator
                                                     before excavating the site; and (b)
                                                     the operator shall mark the area




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                       Washington                       West Virginia                       Wisconsin                           Wyoming
Definitions
Timing        Call                              Call - Excavators notify one-call Call - Not < 3 days or > 10 days   Call - 2 full business days prior,
              2 -10 Working days                48 hours in advance plus 24 hour prior to excavation                 but not more than 14 days
                                                in advance of any
              Exemption - Notification          change in starting date or time.  Response - At least 3 days in      Response - w/in 2 Days
              (19.122.60) [is not required for]                                   advance of proposed excavation
              Excavation under 12” deep on      Response - Operators respond                                         Life of Ticket - If excavation lasts
              private, noncommerical, property, within 48 hours                                                      >14 days, must call.
              if done by person, or employee of
              person, owning or occupying
              property on which excavation
              occurs.

              Response:
              No later than 2 working days or
              before the start of excavation
              whichever is later.




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                         District of Columbia
Definitions
Timing             Call - §43-1704(a) and 43-1704(b)
                   Except as provided in § 43-1709, no
                   person shall excavate in a street,
                   highway, public space, or on private
                   property, or demolish a building
                   without first notifying, by telephonic
                   or teletype, at least 48 hours, but not
                   more than 10 days (excluding
                   Saturdays, Sundays, and legal
                   holidays), prior to the commencement
                   of the proposed excavation or
                   demolition, each public utility
                   operator which may have underground
                   facilities in the area of the proposed
                   excavation. Such telephonic or
                   teletype notification shall be
                   accomplished by notifying the one-call
                   center within the time limit
                   prescribed, which shall in turn notify
                   the appropriate public utility
                   operators.

                   The telephonic or teletype notice
                   required by subsection (a)...must
                   contain the name, address, and
                   telephone number of the person
                   responsible for the proposed
                   excavation or demolition, the utility
                   job number, the planned starting date,
                   the anticipated duration, the type of
                   excavation or demolition work to be
                   conducted, the location of the




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