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Developed and maintained by the Division of Legislative Automated Systems.
2005 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 56-265.19 of the Code of Virginia is amended and reenacted as follows:
§ 56-265.19. Duties of operator; regulations.
A. If a proposed excavation or demolition is planned in such
proximity to the underground utility line that the utility line may be
destroyed, damaged, dislocated, or disturbed, the operator shall mark the
approximate horizontal location of the underground utility line on the ground
to within two feet of either side of the underground utility line by means of
stakes, paint, flags, or a combination thereof. The operator shall mark the
underground utility line and report the marking status to the
excavator-operator information exchange system by no later than 7:00 a.m. on
the third working day following the excavator's notice to the notification
center, unless the operator is unable to do so due to extraordinary
circumstances. If the operator is unable to mark the location within the time
allowed under this section due to extraordinary circumstances, the operator
shall notify directly the person who proposes to excavate or demolish and
shall, in addition, notify the person of the date and time when the location
will be marked. The deferral to mark for extraordinary circumstances shall be
no longer than ninety-six 96 hours from 7:00 a.m. on the next
working day following notice to the notification center, unless a longer time
is otherwise agreed upon by the operator and excavator. The operator shall also
inform the notification center of any deferral.
B. If a proposed excavation or demolition is not planned in such proximity to the operator's underground utility lines that the utility line may be damaged, the operator shall so report to the notification center's excavator-operator information exchange system no later than 7:00 a.m. on the third working day following the excavator's notice to the notification center.
C. An operator shall participate in all preplanning and preconstruction meetings originated by state, county or municipal authorities relating to proposed construction projects which may affect the operator's existing or future utility lines and shall cooperate in implementing decisions reached in such preplanning and preconstruction meetings.
D. Any contract locator acting on behalf of an operator and failing to perform the duties imposed by this chapter shall be subject to the liabilities in § 56-265.25 and the civil penalties in § 56-265.32.
E. Locators shall be trained in applicable locating industry standards and practices no less stringent than the National Utility Locating Contractors Association's locator training standards and practices. Each locator's training shall be documented. Such documents shall be maintained by the operator or contract locator.
F. The Commission shall be authorized to adopt regulations designating: (i) letters for each operator to be used in conjunction with marking of underground utility lines, and (ii) symbols for marking of underground utility lines, in compliance with subsection B of § 56-265.17:3. Such letter designation and marking symbols shall be in accordance with industry standards.
G. For underground utility lines abandoned after July 1, 2002,
operators shall make a reasonable attempt to keep records of these abandoned
utility lines, excluding service lines connected to a single-family dwelling
unit. Operators may provide a response to the excavator-operator information
exchange system When an operator has knowledge that the operator's
abandoned utility lines may be present within the area of the proposed
excavation, the operator shall provide a response to the excavator-operator
information exchange system. Such information regarding abandoned lines
shall be for informational purposes only. An operator shall not be liable to
any person, or subject to civil penalties, as a result of the operator's
providing incorrect information regarding abandoned lines or the subsequent use
of such information. The excavator-operator information exchange system may
refer any person with concerns about the accuracy of information regarding
abandoned lines to the appropriate operator.
H. An operator shall respond to an emergency notice as soon as possible but no later than three hours from the excavator's call to the notification center.