HANDBOOK

Document Sample
HANDBOOK Powered By Docstoc
					              Handbook
                Safe digging information for residents,
                 professional excavators, and anyone
                           planning to dig.


                     Know
                     what’s below.
                      Call before
                      you dig.




               Utility Notification Center of Colorado
                            1-800-922-1987
                             www.uncc.org


UNCC Hanbook Final.indd 1                            5/21/07 9:58:32 AM
50119book.qxd               5/8/2007               4:33 PM             Page 1




                                   TABLE OF CONTENTS

   I        DETERMINING WHO AND WHEN TO CALL
            ..........................................................................................................3
   II       TYPES OF REQUESTS HANDLED BY UNCC
            ......................................................................................................3-9
   III.     GUIDELINES FOR PREPARING TO CALL
            .................................................................................................10-15
   IV.      WHAT HAPPENS AFTER THE CALL IS MADE
            .......................................................................................................16
   V.       RESPONSIBILITY OF THE FACILITY OPERATOR
            (after receiving the locate request)
             .......................................................................................................16
   VI.      RESPONSIBILITIES OF THE EXCAVATOR
            (after making the call)
             .......................................................................................................17
   VII. REPORTING PROBLEMS
        .......................................................................................................17
   VIII. SB184 SUMMARY..............................................................18-19
            SB184 COMPLETE LAW ...................................................20-30
   IX.      OTHER LAWS AND REGULATIONS
            .................................................................................................30-31
   X.       RECOGNIZING AND RESPONDING TO
            EMERGENCIES INVOLVING DAMAGED FACILITIES.......32


                                                   PREFACE
   This manual has been prepared for the professional excavator.
   It is a reference tool for interacting with the Utility Notification Center
   of Colorado (UNCC). Additional copies can be obtained through UNCC.

   For your convenience, a copy of the State Law is printed in the back of
   the handbook. Contents of this handbook and Colorado State Statute
   93-155 are subject to change without notice.

   The original handbook was written in January 1995, and the latest
   revision in March, 2007.




                                                            1
50119book.qxd           5/8/2007      4:33 PM      Page 2




                           UNCC CONTACT INFORMATION
     One-Call Number                                       811
     Administrative Number                                 303-232-1991
     Fax                                                   303-234-1712
     Website                                               www.uncc.org
     J.D. Maniscalco                                       303-205-6301
     Executive Director                                    jdman@uncc.org
     Marty Mead                                            303-205-6343
     Director of Operations                                mtmead@uncc.org
     Tariq Abdul-Ghafur                                    303-205-6303
     Call Center Manager                                   tabdul-ghafur@uncc.org
     Jose Espino                                           303-205-6302
     Human Resource Manager                                jespino@uncc.org
     Sandy Samuelson                                       303-205-6305
     Member Services Administrator                         ssamuel@uncc.org
     Brent Sumner                                          303-205-6365
     Public Relations Administrator                        bsumner@uncc.org
     Steve Alarid                                          303-205-6327
     Network Administrator                                 salaird@uncc.org
     Andrea Lovato                                         303-205-6300
     Administrative Assistant                              alovato@uncc.org
     JoAnn Wise                                            303-205-6304
     Executive Assistant                                   jwise@uncc.org
     Christine Miller                                      303-205-6306
     Accountant                                            cmiller@uncc.org

                How do I contact the Utility Notification Center?
                              • 811
                              • 800-922-1987
   The Federal Communications Commission approved the use of 811 as a
   national call-before-you-dig telephone number. This three digit number will
   connect anyone intending to dig with their respective one-call center within the
   state. This new 811 number will be fully operational in April 2007!
   FREQUENTLY ASKED QUESTIONS
   Do I have to call UNCC?
   Yes, UNCC must be notified prior to excavation, regardless of depth. The
   definition of excavation is anytime earth is moved or removed by means of
   equipment, tools, or explosives.
   Once I call what happens?
   UNCC customer service agents will ask important questions about where,
   when and the type of work that you will be doing. Agents will then attempt to
   locate your excavation site on our maps and/or Geographical Information
   System (GIS) software to provide a list of possibly affected facilities. UNCC’s
   Tier I members will then be notified by UNCC of your excacation plans and will
   then mark their underground utilites. UNCC’s Tier II members (when
   applicable) must be notified by the excavator (UNCC will provide phone
   number and contact information).
   I’ve hit a facility; what do I do?
   First, if you have created a potentially dangerous situation (i.e. damaged gas
   line, etc.) evacuate the area and call 911 immediately. Also, immediately call
   UNCC (811) to process a Damage Ticket. Next, call the afffected facility
   owner(s) and make them aware of what has happened (UNCC wil provide the
   phone number(s) and contact information).
   If I’m a subcontractor on a job, do I have to get a ticket or will the
   general contractor’s ticket protect me?
   UNCC encourages everyone to get a ticket. If you are a subcontractor, protect
   yourself and your company by calling to get a ticket. The general contractor’s
   ticket does not apply to anyone except them.
   How long do I have to wait to excavate after calling UNCC?
   Facility owners have three business days (two full business days in advance,
   not including the day of the call) to perform locates. Facility owners have to
   either mark their facilities or communicate to the excavator that they’re clear to
   dig before excavation takes place. If the facilities are not marked within the
   three business days, you are required to call back to UNCC and process a
   Second Notice Request (see page 5-6). Please note that a no response does
   not allow you to start digging.

                                           2
50119book.qxd      5/8/2007      4:33 PM      Page 3




   SECTION I: DETERMINING WHO AND WHEN TO CALL
   The Utility Notification Center of Colorado (UNCC) is a non-profit,
   non-government organization. It is funded by its’ member facility
   owners and operators. Its purpose is to act as a messaging Center
   between excavators and underground facility operators for locate
   requests when excavation activity is needed. UNCC is the statewide
   messaging Center for the State of Colorado only. If excavating in other
   states, please refer requests to that state’s Notification Center. UNCC is
   a communications link and does not perform any type of locating
   services.

   Colorado SB 93-155 requires that anyone that engages in any type of
   excavation must provide advance notice to the underground facility
   owners. The notice must be at least two business days, not including
   the day of the call, prior to any excavation. A precise definition of
   excavation is included in the state law.

   Facility owners, not UNCC, should be contacted directly for the
   following issues:

          •   Billing questions or problems
          •   Services discontinued or relocated
          •   Changes in utility services
          •   Outages/Service Interruptions

   To process normal locate requests, calls must be made to UNCC,
   Monday through Friday, 7:00 a.m. to 5:00 p.m., excluding holidays.

     For emergency and damage requests, ONLY, UNCC is available
                 24-hours per day, 365 days a year.

   The holidays observed at UNCC are:

   • New Year’s Day                          • Memorial Day
   • Independence Day                        • Labor Day
   • Thanksgiving Day                        • Day after Thanksgiving
   • Christmas Day
   If the holiday is on a Saturday, the previous Friday is observed. If the
   holiday is on a Sunday, the following Monday is observed.


   SECTION II: TYPES OF REQUESTS PROCESSED BY UNCC
   Standard Excavation/Normal Requests
   A standard excavation request (normal request) would be a locate that
   has been processed at least three business days in advance. Member
   facilities must respond by the end of the third full business day (end of
   day is considered 11:59 p.m.). Callers may schedule Normal Requests to
   be completed for up to 10 business days in advance from day of call.
   This type of request is for many types of excavation. This includes:
            • Homeowners excavating for garden, sprinkler, fence,
               rototilling, landscaping, and any other project that involves
               distributing the ground.
            • Contractors doing any type of excavation for commercial or
               residential services of any kind. Example: room additions, new
               buildings, new or repair of streets/roads, etc.
            • Utility companies installing and/or repairing their facilities.

                                       3
50119book.qxd      5/8/2007      4:33 PM       Page 4




   Emergency Request
   Notification requiring an immediate response due to an unforeseen
   excavation necessary in order to prevent a condition that poses a clear
   and immediate danger to life, health or property. An immediate
   excavation may be required in order to prevent significant damage to
   underground facilities resulting from a leak, rupture, fire, explosion or
   an unstable condition due to an accident, weather, etc.

   Emergency Request Guidelines:
          • Emergency Requests are prioritized ahead of all other types
            of locate requests by member facilities and will respond as
            soon as practical. There is no specific timeline in which
            member facilities must respond. However, a Second Notice
            may be processed after 1 hour from notification if a response
            to the Emergency Request has not yet been made.
          • The excavator or homeowner making the Emergency
            Request must be able to be at the excavation site within 1
            hour from making the notification.
          • Lack of timely notification on the excavator's part for a
            Normal Request does not constitute an Emergency situation.
          • Emergency Requests may be processed 24 hours a day, 7
            days a week, 365 days a year.
          • Specific Appointment times cannot be processed for
            Emergency Requests.
          • Extended Job Requests cannot be processed as Emergency
            Requests.
          • Multiple lots, addresses, structures, intersections, etc., must all
            contain an emergency circumstance for Emergency Request
            to be processed for each site.
          • Callers will be asked to provide all information as normally
             provided including accurate contact, excavation site and
             locate description information.
   UNCC assumes that all callers are providing accurate information
   regarding emergency situations and will process the request when the
   above Emergency Request guidelines are verified by the caller.


   Damage Notification
   Notice given when a caller reports a damaged or exposed facility as a
   result of excavation. This is not a request for locates. In addition to
   transmitting a Damage Notification, UNCC will also attempt to make
   direct contact with effected member facilities within 15 minutes from
   caller's notification.

   Damage Notification Guidelines
          • Damage Notifications are prioritized ahead of all other types
            of locate requests by member facilities and will respond as
            soon as practical. There is no specific timeline in which
            member facilities must respond. However, a Second Notice
            Request may be processed after 1 hour from notification if a
            response to the Damage Notification has not yet been made.
          • Original ticket number must be provided if locates were
            requested prior to excavation. New ticket will be processed if
            original ticket number is not available.
                                       4
50119book.qxd     5/8/2007      4:33 PM      Page 5




          • UNCC will verify all information on original locate request.
          • Caller must provide the following information:
              • Type of damaged/exposed facility
              • Size of damaged/exposed facility
              • Location of damaged/exposed facility including closest
                 town/city
              • Result of leakage (Leakage, service outage, property
                 damage, etc.)
              • Accuracy of locate markings
              • Location of excavation crew
          • Previously marked facilities may be refreshed on a Damage
            Notification ticket.
          • Damage Notification will be transmitted to all member
            facilities listed on ticket. Non-effected member facilities may
            respond to excavation site to verify the condition of their
            facility and previous markings.
          • Caller is required by law to contact effected member
            facilities. UNCC will provide contact information when
            requested.
          • It is recommended that local emergency response (9-1-1) be
            contacted if situation is deemed potentially dangerous by
            caller.
          • Emergency Requests may be processed 24 hours a day, 7
            days a week, 365 days a year.


   Non Compliance Request
   Request for locates to be completed prior to legal due date.

          • This type of request is not guaranteed to be completed by
            member facilities and/or contract locating services.
          • This is only a request. Member facilities have 2 business days,
            not including date of notification, to complete request.
          • Appointment schedules are not made available for Non
            Compliance requests.




   Second Notice
   Original ticket is retransmitted to member facilities upon notification
   from the excavator that original locate request has not been entirely
   completed or when positive response from member facilities has not
   been communicated. Member facilities are required to respond as soon
   as practical.

   Second Notice Guidelines:
   Original ticket number must be provided within 5 business days from
   original due date, otherwise new ticket must be processed. Caller must
   communicate which specific member facilities are needed to relocate
   and the reason for Second Notice.




                                      5
50119book.qxd      5/8/2007      4:33 PM     Page 6




            • Only specified member facilities will be re-notified at
               excavator's request.
            • Locate information must not deviate from original requested
               area.
            • Any change in ticket information other than Second Notice
               information requires a new ticket to be processed.
   UNCC will resend the original ticket number to only those member
   facilities specified by the excavator. The Reason For Resend portion of
   the ticket will display one of the following:
            • "Util No-Show" - markings not completed and/or no positive
               response from member facility within legal due date. Positive
               response is defined as member facility notification to
               excavator when no facilities in excavation area.
            • "Util No-Show at Mt" - Designated appointment not kept by
               scheduling member facility.
            • "Incorrect Addr/Area Located" - Member facility has
               responded to incorrect address and/or area.
            • "Incomplete Loc" - Member facility has marked only a portion
               of requested area.
            • "Fac Not Found In Located Area" - Marked facility not found
               within 18" tolerance zone.


   Relocate/Refresh Request
   Excavator is requesting member facilities to respond to a previous job
   site when original markings are no longer visible. In accordance with
   CRS 9-1.5-101-106, excavators are to notify UNCC when original
   markings are no longer visible. Member facilities are requested to
   respond as soon as practical for refreshing. Original ticket number must
   be provided within 5 business days from original due date, otherwise a
   new ticket is processed.

   Relocate/Refresh Request Guidelines:
          • Caller is to communicate which specific member facilities
            are needed to relocate (UNCC will resend the original
            ticket number only to those member facilities specified by
            excavator).
          • Relocate information must not deviate from original
            requested area.
          • Any change in ticket information other than specific locate
            description requires a new ticket to be processed.


   Single Structure/Multiple Request
   A single ticket will be processed for each individual address and lot.
   However, the following guideline will apply when multiple addresses
   and structures exist on the same lot:
   Single Structure/Multiple Request Guidelines:
           • Single address with 1 structure = 1 ticket
           • Multiple addresses with 1 structure = 1 ticket
           • Single address with multiple structures = individual tickets
             for each structure



                                      6
50119book.qxd      5/8/2007       4:33 PM      Page 7




           • Multiple addresses with multiple structures = individual
             tickets for each structure
   Additional tickets are not required for structures such as garages, sheds,
   dog houses, etc.
   Member facilities are not responsible for private facilities to or from
   these types of structures.


   Multiple Lot Request
   UNCC will process a separate tickets for individual lots containing a
   structure or new building foundation. Vacant lots that do not contain
   structures or foundations can be processed on a single ticket.


   Multiple Intersection Request
   UNCC will process separate tickets for individual intersections when
   Locate Description is segmented. A Single ticket will be processed
   when Locate Description is continuous and crosses multiple
   intersections.


   Extended Job Request
   Requests for large projects in public access areas in which the
   excavation site cannot be completely marked within the legal due date.
   Public access areas are defined as areas outside of private property
   including right of ways, easements, public highways and roads, etc.
   Extended job request(s) will be processed on a single ticket, up to 10
   business days. Facility members and excavators are encouraged to
   work together and communicate a joint course of action throughout
   the extended job process.

   As a general guideline, there are no distance reatrictions for this type of
   request as long as work is performed in public access areas. However,
   UNCC may segment requests at its discretion into individual tickets.


   Cancel Request
   Request to terminate an existing ticket prior to the Locate By date.
   Tickets cannot be canceled after Locate By date has expired. Ticket can
   only be cancelled by company or homeowner listed on ticket.




                                       7
50119book.qxd      5/8/2007      4:33 PM     Page 8




   Appointment Scheduling
   Callers may request an Appointment with member facilities.
   Appointments, or Meets, are intended to help locaters better
   understand a locate description, to obtain access to the excavation site,
   etc. Appointments are not to be used by the caller in lieu of providing
   an accurate Locate Description. All tickets processed with an
   appointment must still contain an accurate and concise Locate
   Description. Provided appointment times is a courtesy and not
   required by law.

   Appointment Schedule Guidelines:
          • Not all member facilities offer guaranteed appointment
            times. Non-scheduling members are not required to abide by
            appointment times offered by scheduling members.
          • Because appointments are scheduled on a first come-first
            serve basis, there may be instances where appointments are
            not available within the normal, two business day timeline.
            Callers accepting appointment dates and times that are
            beyond Normal notification, agree to allow the scheduled
            date to become the formal Locate By date. This allows all
            member facilities, scheduling and non-scheduling, to have
            work completed on that date.
          • Specific, outdoor meeting points at excavation site must be
            provided by caller. As a general guideline, member facilities
            request that excavators allow 15 minutes on either side of
            the scheduled time for locaters to arrive. Locaters will extend
            the same courtesy to the excavator before leaving the
            meeting area.
          • Excavators are allowed only one meet time per day in the
            same locate area - determined by the Member Code on the
            ticket. Excavators requesting multiple meet times in the same
            area will receive Do With locate requests after initially
            scheduling their first meet time.
          • Appointment times cannot be scheduled for Request 1 or
            Request 2 tickets.

   Do With Ticket
   Do With ticket is a request for multiple tickets in same area to be
   located at the same time. After an Appointment has been scheduled,
   additional tickets in same area may be requested to be located in
   conjunction with that scheduled meet. Member facilities will respond
   to the scheduled Appointment before locating sites on Do With tickets.


   Request Only Appointments
   Non-guaranteed dates and times can be requested by caller. This type
   of request is made when appointment times are not available. or a
   specific member does not offer an appointment. Member facilities are
   not obligated to meet at requested only times. Member facilities still
   have until the end of the day listed in the Locate By Field.




                                      8
50119book.qxd       5/8/2007      4:33 PM      Page 9




   After the Fact Locate Requests
   UNCC locate ticket number is requested after locates have been
   performed. UNCC will not process locate requests once markings are
   placed on the ground except in emergency circumstances. All locate
   requests must be processed prior to locaters marking buried facilities.


   Engineering/Planning/Information Requests
   This is a request when excavation in the immediate future is not
   intended.The facility owner is requested to contact the caller directly to
   make arrangements for the requested information. Many facility
   owners do charge for this service. It is the responsibility of the party
   requesting the engineering locate and the facility owner to agree upon
   scheduling and cost. UNCC is strictly a messaging service to relay the
   request to the facility owner.
   Web Ticket Entry (WTE)
   UNCC allows professional excavators to submit utility location requests
   via the internet. This is a free service, offered only to professional
   excavators. A training class will be required prior to the activation of the
   users account. Training classes will be held weekly by personnel from
   UNCC. All classes will be held at UNCC, located at 16361 Table Mountain
   Parkway, Golden Colorado 80403. Please contact UNCC for available
   class times and further information.




                                        9
50119book.qxd      5/8/2007      4:33 PM     Page 10




   SECTION III: GUIDELINES FOR PREPARING TO CALL
   PREPARATION IS THE KEY TO A SUCCESSFUL LOCATE REQUEST.
   UNCC's agents are trained professionals that guide each caller
   through a series of important questions to process each locate request.
   The information is processed in a standard format. That format is
   displayed on the page below. It may be useful to make copies of
   the ticket format and write in the information before placing the call to
   UNCC.

   A brief explanation of each question, asked to prepare a locate
   request, is noted for your convenience. The UNCC agent should be
   able to answer any questions that may arise during the call.
               UTILITY NOTIFICATION CENTER OF COLORADO
                         TICKET FORMAT
                               1-800-922-1987


         1.     Ticket# ____________________________________

         2.     Phone Number_______________ ext.________

         3.     Caller name ________________________________

         4.     Mailing Address _____________________________

                City______________ State ____ Zip ________

         5.     Alternate contact name_______________________

                Alternate phone #_______________ ext._____

         6.     Email_________________ Fax_____________

         7.     Work to be completed for _____________________

         8.     What type of work ___________________________

         9.     Explosives (Y/N)____ Directional boring (Y/N)_____

         10.    County______________ City___________________

         11.    Address_____________ Street _________________

         12.    Nearest Intersecting Street ____________________

         13.    Locations/excavation area_____________________

          _______________________________________________

          _______________________________________________

          _______________________________________________

         14.    Township________ Range________ Section________

                Township________ Range________ Section________


                                      10
50119book.qxd       5/8/2007      4:33 PM      Page 11




   Caller Name and Company Name. The caller’s name and company
   name are taken in order to maintain records of all locate requests.
   This information is also helpful in the event it is necessary to contact
   someone for further information.

   Mailing Address and/or Email Address. The mailing address and/or
   email     address      of     the    caller    or      the       caller’s
   company is recorded in order to enable the computer to store this
   information in a mailing list database. This mailing list is utilized to
   notify excavators of information pertaining to (UNCC) on a periodic
   basis.

   Alternate Contact Name and Phone Number. If the person in
   charge of the work is different than the caller, an alternate contact is
   needed. Locate requests can often be expedited when the person
   supervising the work can be reached directly.

   Type of work. Field locators need to know the specific reason for
   excavation. Answering agents/operators, therefore, need to identify
   the specific reason for the work as compared to the work method.
   For example, “New sewer mn or service” is much more helpful than
   “digging for a sewer line.”

   Directional Boring. Specifies use of directional boring/drilling
   technology.

   Explosives. Gas safety rules requires gas facility owners to perform
   leakage surveys in the vicinity of any excavation where blasting has
   been performed. Agent/Operators ask whether explosives will be used
   in an effort to assist gas facility operators in complying with these rules.

   County and City/Place Name. The county and city/place of the
   work site are needed to identify where the job site is located. This
   information is utilized to identify which members are to be notified.
   UNCC accepts calls for all counties in the State of Colorado. Work
   outside Colorado should be referred directly to facility operators or the
   one-call system responsible for that area.


   Street Address of Work Site. The street name is also used to
   identify which members are to be notified. It should be noted that the
   underground facility operators of Colorado utilize different types of
   mapping records. To insure that the information received is
   recognizable for all underground facility operators, there are certain
   requirements for identifying the location of the job site. The best
   information is a street address. If a street address is not available, the
   answering agent/operator will ask for the following information:
          A. What is the name of the street
          B. Name of the nearest intersecting street
          C. Approximate distance between intersection and job site

   Marking Instructions. After identifying the location of the job site,
   the answering agent/operator will identify what portion of the job site
   is to be marked out. In identifying this area, the following guidelines
   should be considered:
   A. Right and left should not be used as directions as they are relative
      points of view. Use east, west.
                                       11
50119book.qxd      5/8/2007      4:33 PM       Page 12




   B. If the excavation is in a street, marking instructions could include:
            i. Mark from curb to curb
            ii. Mark from lot line to lot line in the right of way.
           iii. Mark from the center line of street to North, South, East,West
                lot line or curb.

   C. If the job site involves multiple quarter-sections, additional tickets
      may be required to ensure that all operators of underground
      facilities are notified.

   D. In all cases, a description of the area to be marked out is needed.
      Answering agent/operator will not accept best information
      available or locate within the legal given.

   The following are definitions of some of the terms that can be utilized
   to help describe the area to be marked.

   A. Center Lane(s) (C/L) - In a four lane street, the two lanes at the
      center of the pavement.




   B. Cul-de-sac - A local street open at one end with a special
      provision for turning around.




   C. Culvert - Any pipe or structure under a roadway/driveway to
      facilitate drainage of surface water.

   D. Curb lane(s) - Traffic or parking lane immediately adjacent to the
      curb.

   E. Curb to Curb - The paved area of a road right of way between the
      two curb lines.




                                       12
50119book.qxd      5/8/2007     4:33 PM      Page 13




   F. Curb to Property Line (P/L) - The area between the curb and the
      front property line including terrace and/or sidewalk.




   G. Curbline - The point where the curb meets the edge of the street
      pavement.

   H. Easement (Ease) - A right to use or control the property of another
      for designated purposes.

   I. Frontage Road - A local street or road auxiliary to and located on
      the side of an arterial highway for service to abutting property and
      adjacent areas and for control of access.




   J. Front Lot Line - (Same as street right of way line) The property line
      adjacent to the street right of way.

   K. Highway (HWY) - A public way for purpose of vehicular travel,
      including the entire area within the highway right of way.

   L. Intersection (Intersect) - The general area where two or more
      highways join or cross, within which are included the roadway and
      roadside facilities for traffic movements in that area.




                                     13
50119book.qxd              5/8/2007   4:33 PM   Page 14




   M. Interchange - A system of interconnecting roadways in
      conjunction with one or more roadways on different levels.

   N. Property Line (P/L) - A line marking the legal limits of an
      individual’s property.

   O. Property Line to Property Line (P/L) - The area between the two
      side lot lines on private property of the entire road right of way.

   P. Median - The portion of a divided highway separating the traveled
      ways for traffic in opposite directions.

   Q. Parkway (PKWY) - The area between the edge of pavement and the
      sidewalk or property line if no sidewalk exists.




                                                               Q
                                                             Building
                Building




                           O

                N
                                        P



   R. Right of Way (R/O/W) - Dedicated street area bounded by two
      generally parallel lines called right of way lines. Another name for these
      lines are front property lines.




                                         14
50119book.qxd       5/8/2007        4:33 PM       Page 15




   S. Roadway (Rd) - The portion of a highway, including shoulders, for
      vehicular use.




                                         S

                                         T

   T. Shoulder - The edge of a road (generally gravel) between normal
      traffic lanes and grass areas. The term normally used in areas
      where there is no curb.

   U. Street (St) - Highway in an urban area.

   NOTE: Wherever possible, it is suggested that the proposed work area
   be staked out or marked with paint. This will provide locators with an
   accurate picture of the proposed excavation area.

   Remarks. The answering agent/operator will also record any additional
   information deemed appropriate regarding driving instructions, etc.,
   to get the locator to the job site.

   After all of the information is verified, the answering agent/operator will
   read a list of Tier 1 facilities who will receive this ticket, and a list of Tier
   2 facilities that are in the area that we do not directly notify with their
   telephone numbers. If the excavators are aware of any other
   underground facility operators in the work area, they should contact
   them directly. Also, private facilities may be present at the excavation
   site that have not been listed with UNCC. After the facilities are listed
   the agent/operator will issue a ticket number. It is very important to
   keep this ticket number as future inquiries concerning the ticket can be
   made only if the ticket number is available.

   Township, Range, Section, and Quarter Section. This is the most
   important information needed to quickly and accurately process your
   location request. Your telephone time can be cut by 50 percent if
   complete legal descriptions are provided to the agent/operator.
   Indicate the appropriate township, range and section by their numeric
   designations and quarter-section by its directional qualifier (NE, NW, SE,
   SW).

              EXAMPLE:
              Township: 1S Range 86W Section: 12NW




                                         15
50119book.qxd      5/8/2007     4:33 PM      Page 16




   SECTION IV: WHAT HAPPENS AFTER THE CALL IS MADE

   When all information is completed on the locate request, the ticket is
   then processed in UNCC's system for delivery to its' Tier One utility
   members.

   On receipt of the locate request, each notified utility determines their
   responsibility for locating their facility. The utility, or a contracted
   representative hired by them, can either clear the facility if no
   underground utilities are present, or respond by clearly marking their
   lines. It is recommended that the owner/operators of each utility mark
   their facility with the following APWA approved color codes:

               WHITE -     Proposed Excavation
               PINK -      Temporary Survey markings
               RED -       Electric Power Lines, Cables, Conduits
               YELLOW - Gas, Oil, Steam, Petroleum or Gaseous
                        Materials.
               ORANGE - Communications, Alarm or Signal Lines,
                        Cables or Conduit.
               BLUE -      Potable Water
               PURPLE - Irrigation, Reclaimed Water, Slurry Lines
               GREEN -     Sewers and Drain Lines


                                     16
50119book.qxd      5/8/2007       4:33 PM      Page 17




   SECTION V: RESPONSIBILITIES OF THE FACILITY
   OPERATOR (AFTER RECEIVING THE LOCATE REQUEST)
   After receiving the locate request, the underground facility locators
   should use stakes, flags, whiskers, paint or other suitable materials to
   mark their facility. A combination of markings can be used.The types of
   markings used are dependent on the type of surface to be marked. The
   marks will be in sufficient quantity to clearly identify the routes of the
   facility.

   The facility owners try to accommodate short notice emergency/
   damage requests. The locators will respond as soon as is practical.

   IMPORTANT: The underground facility owners are only required to
   locate the facilities they own or operate. There are also privately owned
   facilities. If an underground utility exists, but is not owned by the
   facility owner, it is the excavator's responsibility to make every effort
   possible to contact the owner. Requesting information from the
   landowner is usually a starting point. Examples of property with
   privately owned facilities are multi-family dwellings, industrial and
   agricultural areas, trailer parks and shopping centers. There could be
   many other scenarios.

   Legislation requires mandatory one-call participation of all utilities
   that are in public right-of-way. A disclaimer is stated by the agent
   processing the locate request on each ticket, to contact any other
   utility not already stated. There are facility owners, in Colorado, not in
   compliance with the law. UNCC is not usually aware of who they may
   be. Every effort is made by UNCC to promote membership when we are
   aware of their existence.

   SECTION VI: RESPONSIBILITIES OF THE EXCAVATOR
   (AFTER MAKING THE CALL)

   Notifying UNCC is the first step of obtaining a locate of underground
   facilities. UNCC is strictly a messaging Center and does not perform
   locates for any utilities.

   After the locates are performed, the excavator still needs to exercise
   caution while excavating.The utilities should be within 18” on each side
   of the marks. If excavation is necessary within that area, exposing the
   underground facility by manual excavation is suggested. The use of any
   power-operated earth moving equipment can easily damage a facility.
   It can also disturb the utility by its’ weight and/or other characteristics
   of the equipment.

   During excavation, if any facility is endangered by being exposed or
   damaged, the excavator should cease digging and call the facility
   owner and UNCC immediately. If the excavator is aware that the facility
   has not been marked, it is their responsibility, for safety awareness, to
   research the problems and contact UNCC for another request. If there
   are any questions regarding this procedure, please contact UNCC’s
   administrative staff.

   Locate marks are only good for 30 days or while visible, whichever
   comes first. The excavator must request a remark of the facilities under
   these circumstances.


                                       17
50119book.qxd      5/8/2007      4:33 PM      Page 18




   SECTION VII: REPORTING PROBLEMS

   There are several problems which the excavator may encounter during
   the locating process. Assistance will be given in the resolution of these
   problems. The following are some of the more commonly experienced
   problems with a brief description of the proper channels to follow.

   1. Correcting Errors
   If, at any time, it is discovered that incorrect information was provided,
   callers should notify UNCC as soon as possible. An agent/operator will
   assist in making corrections, depending on the circumstances.
   Corrections to a ticket will only be accepted from callers working for the
   same company which originated the ticket (in other words, a
   subcontractor may not change information on a ticket filed by the
   general contractor).

   2. Failure to Locate Facilities Prior to the Start Date.
   If the start date and time issued has arrived and an owner/operator has
   failed to respond or mark the facilities or has marked the facilities
   incorrectly, the law requires excavators to contact UNCC immediately.

   3. Information Retrieval
   Records of all conversations, which pertain to the locate request, are
   kept for documentation purposes for a three-year period. This
   information is owned by the facility owners and is not released, unless
   there is prior approval.

   SECTION VIII: SENATE BILL 184
   Summary of changes to Colorado One-Call State Law concerning
   damage to underground facilities.
   Summary of Changes
          • Signed and in affect May 23, 2000
          • Increased penalties for not requesting locates
          • Increased penalties to owner/operators for not belonging
            to the Utility Notification Center of Colorado (UNCC) 1-800-
            922-1987 www.uncc.org
          • Inserts reasonable care standard for Excavators and
            Owner/Operators
          • Eases enforcement of civil penalties
          • Requires identification of abandoned facilities
          • Establishes a voluntary Alternative Dispute Resolution
            program
          • Establishes a damage statistic reporting mechanism
            through UNCC
          • Exempts CDOT from belonging to UNCC
   Increased penalties for not requesting locates
          • Penalty for not calling remains $200
          • If a facility is damaged as a result, penalties are as follows:
                 • $5,000 for the first offense
                 • Up to $25,000 for each subsequent event in a 12-
                   month period
                 • Up to $75,000 for more than three in a 12-month
                   period
   Increased penalties to owners/operators
          • Penalty for not belonging remains $200
          • If a facility is damaged as a result, penalties are as follows:
                 • $5,000 for the first offense
                 • Up to $25,000 for each subsequent event in a 12-

                                      18
50119book.qxd      5/8/2007     4:33 PM      Page 19




                    month period
                • Up     to $75,000 for more than three in a 12-month
                    period
   Reasonable Care Standard
            • Requires excavators use reasonable care when excavating
              around marked facilities
            • Reasonable care includes:
                  • Pot Holing
                  • Visual verification of the facility
                  • Use of non-mechanized excavation tools
                  • Any other non-destructive excavation practices
                  • Documentation
            • Excavators who fail to use reasonable care will be
              “presumed liable” for the cost of the damage, including
              expenses of suit and reasonable attorney fees and any third
              party injuries or damages
            • Requires owners/operators to use reasonable care to
              respond and mark their facilities
            • Reasonable care includes:
                  • Marking accurately (within 18 inches)
                  • Marking within the legal time limits (3 business days)
                  • Marking completely
            • Owner/Operators who fail to use reasonable care when
              marking the facilities will be “presumed liable” for any cost
              or damage as a result of the delay in the excavation project
              and any third party claims
   Eases Enforcement of Penalties
            • Any aggrieved party may bring action in the district court
              in the county in which the incident occurred or the county
              where the aggrieved party maintains their principle place
              of business
            • Any penalty imposed will be paid to the prevailing party,
              including attorney fees
   Identification of Abandoned Facilities
            • Requires the identification of abandoned facilities in the
              proposed excavation area
            • Facilities abandoned after January 1, 2001
            • Marked “if known”
   Alternative Dispute Resolution
            • Administered by UNCC
            • Program is voluntary
            • Disputes that cannot be resolved through consultation or
              negotiation
            • Use of arbitrator/mediator
            • ADR participants to pay cost of program
   Damage Statistic Reporting
            • Damages will be reported by Owner/Operators to UNCC
              within 90 days of occurrence
            • UNCC has developed an Internet based reporting system
            • UNCC will report statistical damage information to the PUC
              and publish this in their annual report
   Excavator Ramifications
            • Subject to excavator penalties for not calling for locates
            • Subject to reasonable care standards for excavating
            • Must keep documentation on site
   Facility Owner Ramifications
            • Subject to reasonable care standard for marking their
              facilities
            • May bring action against excavators who do not call for
              locates
            • May bring action against excavators who do not use
              reasonable care when excavating




                                     19
50119book.qxd      5/8/2007     4:33 PM     Page 20




                           An A ct
   SENATE BILL 00-184
   BY SENATOR Evans
   also REPRESENTATIVES Lee and Coleman.

   CONCERNING PREVENTION OF DAMAGE TO UNDERGROUND
   FACILITIES RESULTING FROM EXCAVATIONS.

   Be it enacted by the General Assembly of the State of Colorado:

   SECTION 1.
   9-1.5-102 (3) and (6), Colorado Revised Statutes, are amended to read:

   ARTICLE 1.5
   Excavation Requirements

   9.1.5-101. Legislative declaration.
   The purpose of this article is to prevent injury to persons and damage
   to property from accidents resulting from damage to underground
   facilities by excavation. This purpose shall be facilitated through the
   creation of a single statewide notification system to be administered
   by an association of the owners and operators of underground
   facilities. Through the association, excavators shall be able to obtain
   crucial information regarding the location of underground facilities
   prior to excavating and shall thereby be able to greatly reduce the
   likelihood of damage to any such underground facility or injury to any
   person working at an excavation site.

   9-5.1-102. Definitions. As used in this article, unless the
   context otherwise requires:

   (1) “Damage”includes the penetration or destruction of any protective
   coating, housing, or other protective device of an underground
   facility, the partial or complete severance of an underground facility,
   or the rendering of any underground facility inaccessible.

   (2) “Emergency situations” includes ruptures and leakage of pipelines,
   explosions, fires, and similar instances where immediate action is
   necessary to prevent loss of life or significant damage to underground
   facilities and advance notice of proposed excavation is impracticable
   under the circumstances.

   (3) “Excavation” means any operation in which earth is moved or
   removed by means of any tools, equipment, or explosives and
   includes augering, backfilling, boring, ditching, drilling, grading,
   plowing-in, pulling-in, ripping, scraping, trenching and tunneling.

   (4) “Notification association” or “association” means the Statewide
   Notification Association of Owners and Operators of Underground
   Facilities created in Section 9-5.5-105.

                                     20
50119book.qxd      5/8/2007      4:33 PM     Page 21




   (5) (a) “Operator” or “owner” means any person, including public
   utilities, municipal corporations, political subdivisions, or other
   persons having the right to bury underground facilities in or near a
   public road, street, alley, right-of-way or utility easement.
       (b) “Operator” or “owner” does not include any railroad.

   (6) “Person” means any individual, acting on his or her own behalf,
   sole proprietor, 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.

   (7) “Underground facility” means any item of personal property
   which is buried or placed below ground for use in connection with
   the storage or conveyance of water or sewage, electronic, telephonic,
   or telegraphic communications or cable television, electric energy, or
   oil, gas, or other substances.“Item of personal property”as used in this
   subsection (7), includes, but is not limited to, pipes, sewers, conduits,
   cables, valves, lines, wires, manholes, and attachments thereto.

   SECTION 2.
   9-1.5-103 (4) (a), (4) (c), (6), and (7), Colorado Revised Statutes, are
   amended, and the said 9-1.5-103 (4) is further amended BY THE
   ADDITION OF A NEW PARAGRAPH, to read:

   9-1.5-103. Plans and specifications –notice of excavation
   duties of excavators—duties of owners and operators.
   (1) Architects, engineers, or other persons designing excavation shall
   obtain general information as to the description, nature, and location
   of underground facilities in the area of such proposed excavations
   and include such general information in the plans or specifications to
   inform an excavation contractor of the existence of such facilities and
   of the need to obtain information thereon pursuant to subsection (3)
   of this section.

   (3) (a) Except in emergency situations and except as to an employee
   with respect to the employer’s underground facilities or as otherwise
   provided in an agreement with an owner or operator, no person shall
   make or begin excavation without first notifying the Notification
   Association and, if necessary, the tier two members having
   underground facilities in the area of such excavation. Notice may be
   given in person, by telephone, or in writing if delivered.
       (b) Notice of the commencement, extent, and duration of the
       excavation work shall be given at least two business days prior
       thereto not including the day of actual notice.
       (c) Any notice given pursuant to paragraph (b) of this sub-section
       (3) shall include the following:
          (I) The name and telephone number of the person who is
          giving the notice:
          (II) The name and telephone number of the excavator; and
          (III) The specific location, starting date, and description of the
          intended excavation activity.
       (d) An excavator may request a written record of any information
       from an owner or operator of an underground facility regarding
       the location of specific underground facilities.
                                      21
50119book.qxd     5/8/2007      4:33 PM     Page 22




   (4) (a) Any owner or operator receiving notice pursuant to
   subsection (3) of this section shall, AT NO COST TO THE EXCAVATOR,
   USE REASONABLE CARE TO advise the excavator of the location and
   size of any underground facilities in 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. 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 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. ANY OWNER
   OR OPERATOR RECEIVING NOTICE CONCERNING AN EXCAVATOR’S
   INTENT TO EXCAVATE SHALL USE REASONABLE CARE TO ADVISE THE
   EXCAVATOR OF THE ABSENCE OF ANY UNDERGROUND FACILITIES IN
   THE PROPOSED EXCAVATION AREA BY COMMUNICATING DIRECTLY
   WITH THE EXCAVATOR AND PROVIDING DOCUMENTATION THEREOF,
   IF REQUESTED, OR BY CLEARLY MARKING THAT NO UNDERGROUND
   FACILITIES EXIST IN THE PROPOSED EXCAVATION AREA. OWNERS AND
   OPERATORS SHALL, WITHIN THE TIME LIMITS SPECIFIED IN
   SUBSECTION (6) OF THIS SECTION, PROVIDE TO THE EXCAVATOR
   EVIDENCE, IF ANY, OF FACILITIES ABANDONED AFTER JANUARY 1,
   2001, KNOWN TO THE OWNER OR OPERATOR TO BE IN THE PROPOSED
   EXCAVATION AREA.
      (b) 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. If an excavation has not been
      completed within the thirty-day period, the excavator shall notify
      the affected owner or operator and the Notification Association
      at least two business days, not including the day of actual notice,
      before the end of such thirty-day period.
      (b.5) ANY PERSON WHO WILLFULLY OR MALICIOUSLY REMOVES A
      MARKING USED BY AN OWNER OR OPERATOR TO MARK THE
      LOCATION OF ANY UNDERGROUND FACILITY, EXCEPT IN THE
      ORDINARY COURSE OF EXCAVATION, IS GUILTY OF A CLASS 2
      MISDEMEANOR, AND, UPON CONVICTION THEREOF, IN ADDITION
      TO ANY ORDER FOR RESTITUTION, SHALL BE PUNISHED BY A FINE
      OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH
      OFFENSE, BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR,
      OR BY BOTH SUCH FINE AND IMPRISONMENT.
      (c) (I) WHEN A PERSON EXCAVATES WITHIN EIGHTEEN INCHES
      HORIZONTALLY FROM THE EXTERIOR SIDES OF ANY
      UNDERGROUND FACILITY, SUCH PERSON SHALL EXERCISE SUCH
      REASONABLE CARE AS NECESSARY TO PROTECT ANY
      UNDERGROUND FACILITY IN OR NEAR THE EXCAVATION AREA. It
      shall be the responsibility of the excavator to maintain adequate
      and accurate information DOCUMENTATION, INCLUDING BUT
      NOT LIMITED TO PHOTOGRAPHS, VIDEO, OR SKETCHES, AT THE
      EXCAVATION SITE on the location AND IDENTIFICATION of any
      underground facility throughout the excavation period.
          (II) (A) If the information DOCUMENTATION maintained
          pursuant to subparagraph (I) of this paragraph (c) becomes lost
          or invalid, the excavator shall notify the NOTIFICATION
          association or the affected owner or operator and request an
                                     22
50119book.qxd      5/8/2007      4:33 PM      Page 23




          immediate re-verification of the location of any underground
          facility.Upon receipt of such notification,such affected owner or
          operator shall respond as quickly as is practicable.The excavator
          shall cease excavation activities at the affected location until the
          location of any underground facilities has been re-verified.
       (B) If the information DOCUMENTATION maintained pursuant to
       subparagraph (I) of this paragraph (c) is determined to be
       inaccurate, the excavator shall immediately notify the affected
       owner or operator and shall request an immediate re-verification
       of the location of any underground facility. Upon receipt of such
       notification, such affected owner or operator shall respond as
       quickly as practicable. The excavator may continue excavation
       activity if such excavator exercises due caution and care to
       prevent damaging any underground facility.

   (5) In emergency situations, excavators shall take such precautions as
   are reasonable under the circumstances to avoid damage to
   underground facilities and notify affected owners or operators and the
   Notification 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.

   (6) If information DOCUMENTATION requested and needed by an
   excavator pursuant to subsection (4) of this section is not provided by
   the owner or operator pursuant thereto within two business days, not
   including the day of the actual notice, or such later time as agreed upon
   by the excavator and the owner or operator or if the information
   DOCUMENTATION provided fails to identify the location of the
   underground facilities, the excavator shall immediately give notice to
   the NOTIFICATION association or the owner or the operator and may
   proceed and shall not be liable for such damage except upon proof of
   such excavator’s negligence LACK OF REASONABLE CARE.

   (7) (a) In the event of damage to an underground facility, the excavator,
   owner, and operator 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 SUCH in-kind work may be
   under the supervision and pursuant to the specifications of the owner
   or operator.
       (b) IF DAMAGE TO AN UNDERGROUND FACILITY MEETS OR EXCEEDS
       THE REPORTING THRESHOLD AS ESTABLISHED BY THE
       NOTIFICATION ASSOCIATION PURSUANT TO PARAGRAPH (c) OF THIS
       SUBSECTION (7), THE OWNER OR OPERATOR OF THE DAMAGED
       UNDERGROUND FACILITY SHALL PROVIDE THE INFORMATION
       LISTED IN SUBPARAGRAPHS (I) TO (VII) OF PARAGRAPH (c) OF THIS
       SUBSECTION (7) TO THE NOTIFICATION ASSOCIATION WITHIN
       NINETY DAYS AFTER SERVICE HAS BEEN RESTORED.
       (c) THE NOTIFICATION ASSOCIATION SHALL CREATE AND PUBLICIZE
       TO ITS MEMBERS A REPORTING PROCESS, INCLUDING THE
       AVAILABILITY OF ELECTRONIC REPORTING AND A THRESHOLD AT
       WHICH REPORTING IS REQUIRED, TO COMPILE THE FOLLOWING
       INFORMATION:


                                       23
50119book.qxd     5/8/2007      4:33 PM         Page 24




          (I) THE TYPE OF UNDERGROUND FACILITY THAT WAS
          DAMAGED;
          (II) WHETHER NOTICE OF THE INTENTION TO EXCAVATE WAS
          PROVIDED TO THE NOTIFICATION ASSOCIATION;
          (III) WHETHER THE UNDERGROUND FACILITY HAD BEEN
          VALIDLY MARKED PRIOR TO BEING DAMAGED;
          (IV) THE TYPE OF SERVICE THAT WAS INTERRUPTED;
          (V) THE NUMBER OF PERSONS WHO’S SERVICE MAY HAVE
          BEEN INTERRUPTED;
          (VI) THE DURATION OF THE INTERRUPTION; AND
          (VII) THE LOCATION OF THE AREA WHERE THE UNDERGROUND
          FACILITY WAS DAMAGED.
      (d) THE NOTIFICATION ASSOCIATION SHALL INCLUDE A
      STATISTICAL SUMMARY OF THE INFORMATION PROVIDED TO IT
      UNDER THIS SUBSECTION (7) IN THE ANNUAL REPORT REQUIRED
      UNDER SECTION 9-1.5-105 (2.6).

   SECTION 3.
   Article 1.5 of title 9, Colorado Revised Statutes, is amended BY THE
   ADDITION OF A NEW SECTION to read:

   9-1.5-104. Injunctive relief.

   9-1.5-104.3 Alternative dispute resolution.
   THE NOTIFICATION ASSOCIATION SHALL CREATE A VOLUNTARY
   ALTERNATIVE DISPUTE RESOLUTION PROGRAM IN CONSULTATION
   WITH ITS MEMBERS AND ALL AFFECTED PARTIES. THE ALTERNATIVE
   DISPUTE RESOLUTION PROGRAM SHALL BE AVAILABLE TO ALL
   OWNERS OR OPERATORS, EXCAVATORS, AND OTHER INTERESTED
   PARTIES REGARDING DISPUTES ARISING FROM DAMAGE TO
   UNDERGROUND FACILITIES, INCLUDING, BUT NOT LIMITED TO, ANY
   COST OR DAMAGE INCURRED BY THE OWNER OR OPERATOR OR THE
   EXCAVATOR AS A RESULT OF ANY DELAY IN THE EXCAVATION
   PROJECT WHILE THE UNDERGROUND FACILITY IS RESTORED,
   REPAIRED, OR REPLACED, EXCLUSIVE OF CIVIL PENALTIES SET FORTH
   IN SECTION 9-1.5-104.5, THAT CANNOT BE RESOLVED THROUGH
   CONSULTATION AND NEGOTIATION. THE ALTERNATIVE DISPUTE
   RESOLUTION PROGRAM SHALL INCLUDE MEDIATION, ARBITRATION,
   OR OTHER APPROPRIATE PROCESSES OF DISPUTE RESOLUTION. THE
   ISSUE OF LIABILITY AND AMOUNT OF DAMAGES UNDER COLORADO
   LAW MAY BE DECIDED BY AN APPOINTED ARBITRATOR OR BY THE
   PARTIES IN MEDIATION. NOTHING IS THIS SECTION SHALL BE
   CONSTRUED TO CHANGE THE BASIS FOR CIVIL LIABILITY FOR
   DAMAGES.

   SECTION 4.
   9-1.5-104.5, Colorado Revised Statutes, is REPEALED AND
   REENACTED, WITH AMENDMENTS,to read:

   9-1.5-104.5. Civil Penalties—applicability
   (1) (a) EVERY OWNER OR OPERATOR OF AN UNDERGROUND FACILITY
   IN THIS STATE SHALL JOIN THE NOTIFICATION ASSOCIATION
   PURSUANT TO SECTION 9-1.5-105.
                                     24
50119book.qxd   5/8/2007    4:33 PM    Page 25




      (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) (I) IF ANY UNDERGROUND FACILITY LOCATED IN THE SERVICE
      AREA OF AN OWNER OR OPERATOR IS DAMAGED AS A RESULT OF
      SUCH OWNER OR OPERATOR’S FAILURE TO COMPLY WITH
      PARAGRAPH (a) OF THIS SUBSECTION (1), THE COURT SHALL
      IMPOSE UPON SUCH OWNER OR OPERATOR A CIVIL PENALTY IN
      THE AMOUNT OF FIVE THOUSAND DOLLARS FOR THE FIRST
      OFFENSE AND UP TO TWENTY-FIVE THOUSAND DOLLARS FOR
      EACH SUBSEQUENT OFFENSE WITHIN A TWELVE-MONTH PERIOD
      AFTER THE FIRST OFFENSE. UPON A FIRST OFFENSE, THE OWNER
      OR OPERATOR SHALL BE REQUIRED BY THE COURT TO COMPLETE
      AN EXCAVATION SAFETY TRAINING PROGRAM WITH THE
      NOTIFICATION ASSOCIATION.
         (II) IF ANY OWNER OR OPERATOR FAILS TO COMPLY WITH
         PARAGRAPH (a) OF THIS SUBSECTION (1) ON MORE THAN
         THREE SEPARATE OCCASIONS WITHIN A TWELVE-MONTH
         PERIOD FROM THE DATE OF THE FIRST FAILURE TO COMPLY
         WITH PARAGRAPH (a) OF THIS SUBSECTION (1),THEN THE CIVIL
         PENALTY SHALL BE UP TO SEVENTY-FIVE THOUSAND
         DOLLARS.
      (d) IF ANY UNDERGROUND FACILITY IS DAMAGED AS A RESULT
      OF THE OWNER OR OPERATOR’S FAILURE TO COMPLY WITH
      PARAGRAPH (a) OF THIS SUBSECTION (1) OR FAILURE TO USE
      REASONABLE CARE IN THE MARKING OF THE DAMAGED
      UNDERGROUND FACILITY, SUCH OWNER OR OPERATOR SHALL BE
      PRESUMABLY LIABLE FOR:
         (I) ANY COST OR DAMAGE INCURRED BY THE EXCAVATOR AS A
         RESULT OF ANY DELAY IN THE EXCAVATION PROJECT WHILE
         THE UNDERGROUND FACILITY IS RESTORED, REPAIRED, OR
         REPLACED, TOGETHER WITH REASONABLE COSTS AND
         EXPENSES OF SUIT, INCLUDING REASONABLE ATTORNEY FEES;
         AND
         (II) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY
         RESULTING FROM THE DAMAGE TO THE UNDERGROUND
         FACILITY. ANY SUCH OWNER OR OPERATOR SHALL ALSO
         INDEMNIFY AND DEFEND THE AFFECTED EXCAVATOR
         AGAINST ANY AND ALL CLAIMS OR ACTIONS, IF ANY, FOR
         PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR SERVICE
         INTERRUPTION RESULTING FROM THE DAMAGE TO THE
         UNDERGROUND FACILITY.

   (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 ACTIVITY. FOR PURPOSES OF
   THIS PARAGRAPH (a), EXCAVATION SHALL NOT INCLUDE AN
   EXCAVATION BY A RANCHER OR A FARMER, AS DEFINED IN SECTION
   42-20-108.5, C.R.S., OCCURRING ON A RANCH OR FARM UNLESS SUCH
   EXCAVATION IS FOR A NONAGRICULTURAL PURPOSE.
      (b) ANY PERSON, OTHER THAN A HOMEOWNER, RANCHER, OR
      FARMER, AS DEFINED IN SECTION 42-20-108.5, C.R.S., WORKING

                                25
50119book.qxd   5/8/2007     4:33 PM    Page 26




      ON SUCH HOMEOWNER’S, RANCHER’S, OR FARMER’S PROPERTY,
      WHO FAILS TO NOTIFY THE NOTIFICATION ASSOCIATION OR THE
      AFFECTED OWNER OR OPERATOR PURSUANT TO PARAGRAPH (a)
      OF THIS SUBSECTION (2) SHALL BE LIABLE FOR A CIVIL PENALTY
      IN THE AMOUNT OF TWO HUNDRED DOLLARS.
      (c) (I) IF ANY PERSON, OTHER THAN A HOMEOWNER, RANCHER OR
      FARMER, AS DEFINED IN SECTION 42-20-108.5, C.R.S., WORKING ON
      SUCH HOMEOWNER’S, RANCHER’S, OR FARMER’S PROPERTY, FAILS
      TO COMPLY WITH PARAGRAPH (a) OF THIS SUBSECTION (2), AND
      DAMAGES AN UNDERGROUND FACILITY DURING EXCAVATION,
      SUCH PERSON SHALL BE LIABLE FOR A CIVIL PENALTY IN THE
      AMOUNT OF FIVE THOUSAND DOLLARS FOR THE FIRST OFFENSE
      AND UP TO TWENTY-FIVE THOUSAND DOLLARS FOR EACH
      SUBSEQUENT OFFENSE WITHIN A TWELVE-MONTH PERIOD AFTER
      THE FIRST OFFENSE. UPON A FIRST OFFENSE, SUCH PERSON SHALL
      BE REQUIRED TO COMPLETE AN EXCAVATION SAFETY TRAINING
      PROGRAM WITH THE NOTIFICATION ASSOCIATION.
        (II) IF ANY PERON FAILS TO COMPLY WITH PARAGRAPH (a) OF
        THIS SUBSECTION (2) ON MORE THAN THREE SEPARATE
        OCCASIONS WITHIN A TWELVE-MONTH PERIOD FROM THE
        DATE OF THE FIRST FAILURE TO COMPLY WITH PARAGRAPH (a)
        OF THIS SUBSECTION (2), THEN THE CIVIL PENALTY SHALL BE
        UP TO SEVENTY-FIVE THOUSAND DOLLARS.
      (d) IF ANY PERSON, OTHER THAN A HOMEOWNER, RANCHER, OR
      FARMER, AS DEFINED IN SECTION 42-20-108.5, C.R.S., WORKING
      ON SUCH HOMEOWNER’S, RANCHER’S, OR FARMER’S PROPERTY,
      FAILS TO COMPLY WITH PARAGRAPH (a) OF THIS SUBSECTION (2)
      OR FAILS TO EXERCISE REASONABLE CARE IN EXCAVATING AND
      DAMAGES AN UNDERGROUND FACILITY DURING AN
      EXCAVATION, SUCH PERSON SHALL BE PRESUMABLY LIABLE FOR:
        (I) ANY COST OR DAMAGE INCURRED BY THE OWNER OR
        OPERATOR IN RESTORING, REPAIRING, OR REPLACING ITS
        DAMAGED UNDERGROUND FACILITY, TOGETHER WITH
        REASONABLE COSTS AND EXPENSES OF SUIT, INCLUDING
        REASONABLE ATTORNEY FEE; AND
        (II) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY
        RESULTING FROM THE DAMAGE TO THE UNDERGROUND
        FACILITY. ANY SUCH PERSON SHALL ALSO INDEMNIFY AND
        DEFEND THE AFFECTED OWNER OR OPERATOR AGAINST ANY
        AND ALL CLAIMS OR ACTIONS, IN ANY, FOR PERSONAL INJURY,
        DEATH, PROPERTY DAMAGE, OR SERVICE INTERRUPTION
        RESULTING FROM THE DAMAGE TO THE UNDERGROUND
        FACILITY.

      (e) PARAGRAPH (d) OF THIS SUBSECTION (2) SHALL NOT APPLY TO
      A PERSON WHO COMMENCES EXCAVATION AFFECTING AN
      UNDERGROUND FACILITY IF THE OWNER OR OPERATOR OF THE
      UNDERGROUND FACILITY HAS FAILED TO COMPLY WITH
      PARAGRAPH (a) OF THIS SUBSECTION (1) OF THIS SECTION OR
      HAS FAILED TO USE REASONABLE CARE IN THE MARKING OF THE
      AFFECTED UNDERGROUND FACILITY.

   (3) (a) AN ACTION TO RECOVER A CIVIL PENALTY UNDER THIS
   SECTION MAY BE BROUGHT BY AN OWNER OR OPERATOR,

                                 26
50119book.qxd      5/8/2007      4:33 PM      Page 27




   EXCAVATOR, AGGRIEVED PARTY, DISTRICT ATTORNEY, OR THE
   ATTORNEY GENERAL. VENUE FOR SUCH AN ACTION SHALL BE
   PROPER IN THE DISTRICT COURT FOR THE COUNTY IN WHICH THE
   OWNER OR OPERATOR, EXCAVATOR, OR AGGRIEVED PARTY RESIDES
   OR MAINTAINS A PRINCIPAL PLACE OF BUSINESS IN THIS STATE OR IN
   THE COUNTY IN WHICH THE CONDUCT GIVING RISE TO A CIVIL
   PENALTY OCCURRED.
       (b) ANY CIVIL PENALTY IMPOSED PURSUANT TO THIS SECTION,
       INCLUDING REASONABLE ATTORNEY FEES, SHALL BE PAID TO THE
       PREVAILING PARTY.
       (c) THE PENALTIES PROVIDED IN THIS ARTICLE ARE IN ADDITION
       TO ANY OTHER REMEDY AT LAW OR EQUITY AVAILABLE TO AN
       EXCAVATOR OR TO THE OWNER OR OPERATOR OF A DAMAGED
       UNDERGROUND FACILITY.
       (d) NO CIVIL PENALTY SHALL BE IMPOSED UNDER THIS SECTION
       AGAINST AN EXCAVATOR OR OWNER OR OPERATOR WHO
       VIOLATES ANY OF THE PROVISIONS OF THIS SECTION IF THE
       VIOLATION OCCURRED WHILE THE EXCAVATOR OR OWNER OR
       OPERATOR WAS RESPONDING TO A SERVICE OUTAGE OR OTHER
       EMERGENCY; EXCEPT THAT SUCH PENALTY SHALL BE IMPOSED IF
       SUCH VIOLATION WAS WILLFUL OR MALICIOUS.

   (4) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO IMPOSE AN
   INDEMNIFICATION OBLIGATION ON ANY PUBLIC ENTITY OR TO ALTER
   THE LIABILITY OF PUBLIC ENTITIES AS PROVIDED IN ARTICLE 10 OF
   TITLE 24, C.R.S.

   (5) IN DETERMINING THE LIABILITY FOR OR THE AMOUNT OF ANY
   DAMAGES OR CIVIL PENALTY PURSUANT TO THIS ARTICLE, A COURT
   OR ARBITRATOR SHALL CONSIDER THE NATURE, CIRCUMSTANCES,
   AND GRAVITY OF THE ALLEGED VIOLATION AND THE ALLEGED
   VIOLATOR’S DEGREE OF CULPABILITY, HISTORY OF PRIOR
   VIOLATIONS, AND LEVEL OR COOPERATION WITH THE
   REQUIREMENTS OF THIS ARTICLE.

   SECTION 5.
   The introductory portion to 9-1.5-105 (2), Colorado Revised Statutes,
   is amended to read:

   9-1.5-105 Notification Association – structure                      and
   funding requirements—duties of owners                               and
   operators.

   (1) There is hereby created a nonprofit corporation in the State of
   Colorado, referred to in this Article as the “Notification Association,”
   which shall consist of all owners or operators of underground facilities.
   All such owners and operators shall join the Notification Association and
   shall participate in a statewide program which utilizes a single toll-free
   telephone number which excavators can use to notify the Notification
   Association of pending excavation plans, upon 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.


                                      27
50119book.qxd     5/8/2007       4:33 PM       Page 28




   (2) All underground facility owners and operators EXCEPT THE
   COLORADO DEPARTMENT OF TRANSPORTATION shall be members of
   the notification association which shall be organized as follows:
      (a) Tier one members shall be full members of the Notification
      Association and shall receive full service benefits as part of such
      membership as specified in this article. Any owner or operator
      required to be a member of the Association who was a member
      on February 1, 1993, shall be designated a tier one member
      without further action by such member.
      (b) (I) Tier two members who shall be limited members shall
      receive limited services as part of such membership as specified
      in this article.Tier two members shall pay a one-time membership
      fee of twenty-five dollars to the Notification Association to
      partially defray the costs incurred by the Association in
      organizing pursuant to this article. The Notification Association
      shall not assess any charges, costs or fees to any tier two member
      other than the one-time membership fee.
          (II) All tier two members shall provide the Association with
          accurate information regarding the boundaries of such
          member’s service area, the type of underground facility that
          may be encountered within such service area, and the contact
          person for information regarding such member’s
          underground facilities. A tier two member shall also provide
          geographical information concerning underground facilities it
          owns or operates which are not located within the designated
          service area to the Notification Association
          (III) Not later than January 1, 1994, the Notification Association
          shall provide any person who contacts the Association
          regarding information concerning underground facilities
          owned or operated by a tier two member with the name of
          the person specified in Subparagraph (II) of this paragraph (b).
          (IV) The following owners or operators of underground
          facilities who are not designated as tier one members
          pursuant to paragraph (a) of this subsection (2) shall be
          designated as tier two members:
             (A) Electric cooperative associations:
             (B) Special districts organized under Title 32, C.R.S.;
             (C) Cable television operators;
             (D) Municipalities and counties; and
             (E) Telecommunications local exchange providers with
             fewer than fifty thousand access lines.

   (2.3) Any Association member may alter the status of its membership
   and move from tier one to tier two or from tier two to tier one at any
   time that such member chooses; except that every tier one member
   shall remain a tier one member for at least two years after becoming
   a tier one member.

   (2.5) The Notification Association may accept any organization,
   person, or entity which has an interest in the purposes and functions
   of the Association as a member whether specifically enumerated in
   this article, or not. Any such member shall comply with the bylaws of
   the Association.
                                      28
50119book.qxd      5/8/2007      4:33 PM     Page 29




   (2.6) The Notification Association shall prepare an annual report on its
   activities and shall have an annual independent financial audit
   conducted. The Association shall provide a copy of both reports to
   the members.

   (3) Except as provided in subsection (2) of this section, each member
   of the Notification Association shall provide all of the locations of any
   underground facilities, which such member owns or operates to the
   Notification Association, and the Association shall maintain such
   information on file for use by excavators.

   (4) The Notification Association shall be governed by a Board of
   Directors, which is representative of the membership of the
   Association and shall have at least one director that is a tier two
   member. The Board of Directors shall be elected by the membership
   of the Association pursuant to the bylaws of the Association.

   (5) The Notification Association shall be incorporated and operated
   as a nonprofit corporation pursuant to Article 20 of Title 7, C.R.S.

   (6) This section shall not apply to any owner or occupant of real
   property under which underground facilities are buried if such
   facilities are used solely to furnish service or commodities to such real
   property and no part of such facilities is located in a public street,
   county road, alley, or right-of-way dedicated to public use.

   SECTION 6.
   9-1.5-105 (2.6), Colorado Revised Statutes, is REPEALED AND
   REENACTED, WITH AMENDMENTS, to read:

   9-1.5-105 Notification Association – structure and
   funding requirements—duties of owners and
   operators – report.
   (2.6) (a) THE NOTIFICATION ASSOCIATION SHALL PREPARE ANNUAL
   REPORTS ON ITS ACTIVITIES, AS FOLLOWS:
          (I) A STATISTICAL SUMMARY OF THE INFORMATION REPORTED
          TO IT PURSUANT TO SECTION 9-1.5-103 (7) (b); AND
          (II) AN ANNUAL, INDEPENDENT FINANCIAL AUDIT OF ITS
          OPERATIONS.
       (b) THE NOTIFICATION ASSOCIATION SHALL PROVIDE A COPY OF
       BOTH REPORTS CREATED UNDER PARAGRAPH (a) OF THIS
       SUBSECTION (2.6) TO ITS MEMBERS AND SHALL PROVIDE THE
       REPORT CREATED UNDER SUBPARAGRAPH (I) OF PARAGRAPH (a)
       OF THIS SUBSECTION (2.6) TO THE PUBLIC UTILITIES COMMISSION
       OF THE STATE OF COLORADO.

   9-1.5-106. Notice requirements.
   (1) The Notification Association created in section 9-1.5-105 shall:
       (a) Receive and record notifications from excavators concerning
       intended excavation activizes including sites, dates, and the
       nature of any intended excavation;
       (b) Maintain a record of each notice of intent to excavate for a
       minimum of three years; and

                                      29
50119book.qxd      5/8/2007     4:33 PM      Page 30




      (c) File the notification received regarding any proposed
      excavation site and the notification provided regarding such
      excavation site, including the date and time of each such
      notification, by reference number.

   (2) The Notification Association shall establish and maintain a
   damage prevention safety program and shall conduct periodic
   awareness campaigns.

   (3) The Notification Association shall provide prompt notice of any
   proposed excavation to each affected tier one member that has any
   underground facilities in the area of the proposed excavation site.The
   Notification Association shall also provide the excavator with the
   name and telephone number of each tier two member that has any
   underground facilities in the area of the proposed excavation.

   SECTION 7. Safety clause. The general assembly hereby finds,
   determines, and declares that this act is necessary for the immediate
   preservation of the public peace, health, and safety.

   SECTION IX: OTHER LAWS AND REGULATIONS

   Federal Laws:

   49 USC 601223 (d) PENALTY FOR NOT USING ONE-CALL
   NOTIFICATION SYSTEM OR NOT HEEDING LOCATION INFORMATION
   OR MARKINGS - A person shall be fined under title 18, imprisoned for
   not more than 5 years, or both, if the person knowingly and willfully -

   (1) Engages in an excavation activity -
         (A) Without first using an available one-call notification system
         to establish the location of underground facilities in the
         excavation area;
         (B) Without paying attention to appropriate location
         information or markings the operator of a pipeline facility
         establishes; and

   (2) Subsequently damages -
         (A) A pipeline facility that results in death, serious bodily harm
         or actual damage to property of more than $50,000; or
         (B) A hazardous liquid pipeline facility that results in the
         release of more than 50 barrels of product.

   OSHA Regulations:

             1926.651 (b) UNDERGROUND INSTALLATIONS;

   (1) The estimated location of utility installations, such as sewer,
   telephone, fuel, electric, water lines, or any other underground
   installations that reasonably may be expected to be encountered
   during excavation work, shall be determined prior to opening an
   excavation.



                                     30
50119book.qxd      5/8/2007     4:33 PM      Page 31




   (2) Utility companies or owners shall be contracted within
   established or customary local response times, advised of the
   proposed work, and asked to establish the location of the utility
   underground installations prior to the start of actual excavation.
   When utility companies or owners installations within 24 hours
   (unless a longer period is required by state or local (law), or cannot
   establish the exact location of these installations, the employer may
   proceed, provided the employer does so with caution, and provided
   detection equipment or other acceptable means to locate utility
   installations are used.

   (3) When excavation operations approach the estimated location of
   underground installations, the exact location of the installations shall
   be determined by safe and acceptable means.

   (4) While the excavation is open, underground installations shall be
   protected, supported or removed as necessary to safeguard
   employees.


   EXCESS FLOW VALVES, NEW DOT OPTION FOR GAS
   SERVICE LINES

   Excess flow valves are now being offered by natural gas utilities as
   optional devices. As required by the Department of Transportation,
   these valves are being installed on new single residence natural gas
   service lines at the customers’ request.

   An excess flow valve is a device designed to automatically shut-off
   the flow of natural gas if the service line is broken between the gas
   main and the meter, limiting the amount of gas that might migrate
   into a home. When activated, some models allow a small volume of
   gas to flow through the line. Other models will shut off the line
   completely.The bleed-by models automatically reset once the service
   line is repaired.

   It is important to be aware of these valves during construction, as
   it may not be immediately apparent that a gas service line is cut.
   The flow of natural gas will stop, be much slower, and/or the odor
   may not be as noticeable. Please continue to take all precautions to
   ensure you do not damage or break a natural gas line, and contact the
   UNCC for locates two full working days before you dig, grade or
   excavate.




                                     31
50119book.qxd          5/8/2007          4:33 PM        Page 32




   SECTION X: RECOGNIZING AND RESPONDING TO
   EMERGENCIES INVOLVING DAMAGED FACILITIES
   Emergency situations include: leaks, ruptures, explosions, fires, severe settling or soil
   movement, weakened or damaged facilities and similar instances where immediate
   action is necessary to prevent loss of life, injury to persons, or damage to property. The
   following actions should be taken in response to various emergency/damage
   situations involving underground facilities:

   NATURAL GAS
   1) Avoid any open flames or anything that might start a fire. Do not start motor
      vehicles or electrical equipment. Remove ignition sources (cigarettes, cell phones,
      or anything that could create a spark or static electricity).
   2) Evacuate the area and try to keep uninformed people out.
   3) Abandon any equipment being used in the area.
   4) Call 911 or your local fire, police or sheriff's office.
   5) Do not try to put out a fire. If it's burning, let in burn; ask local fire fighters to
      observe and protect adjacent property.
   6) Do not try to operate any pipeline valves yourself.
   7) Never bury the broken or damaged line.
   8) Call UNCC and facility owner.

   PETROLEUM
   1) Leave the leak area immediately. Warn others, if necessary.
   2) Do not make contact with the escaping liquids.
   3) Avoid creating sparks or sources of heat that could cause the vapors or liquids to
      ignite. Do not light a match, start an engine, use a telephone or even switch on/off
      an electric light.
   4) Turn off any running machinery (engines).
   5) If you come upon a leak or vapor cloud while in an automobile, do not drive into
      the area.
   6) Call 911 or your local fire, police or sheriff's office. Provide them with your name,
      phone number, a description of the leak and its location.
   7) Call UNCC and facility owner.

   ELECTRICITY
   1) Move equipment only if you can safely move it away.
   2) If safe, stay on equipment/machine (unless on fire) until rescue workers arrive, keep
      others away.
   3) If buried electrical line is struck in wet soil/conditions, the ground may become
      energized for a large area around the strike.
   4) Call UNCC and facility owner.

   WATER/SEWER
   1) Do not close any valves in order to stop flooding (closing the wrong valve(s) may
      affect fire flows and/or possible contamination of potable systems).
   2) If the water leak is from a septic line or system, do not come in contact with the
      water. This could be a health risk so don't wade in or work around this stuff.
   3) Be careful of high pressure water. Some times the slightest scratch or vibration can
      let loose that pressure and it can blow you away.
   4) Water can fill a trench or hole fast, making a quick exit impossible.
   5) Be careful moving around trench areas with wet walls. Wet walls can easily cave in
      around you and before you know it you can become suffocated.
   6) Sewer gas is highly flammable so be careful not to ignite it with cigarettes,
      matches, etc.
   7) Call UNCC and the facility owner.

   FIBER/COMMUNICATION
   1) If fiber optic cable is cut, do not look into the end of it. I can cause serious eye
      damage.

   Remember, even a scrape, nick, cut, tear, break, dent, etc., to a facility line should
   be reported to UNCC and the facility owner(s). If not promptly repaired, it could
   result in a future leak, service outage, explosion, accident, injury or death.




                                               32

				
DOCUMENT INFO