excavator manual

Transcription

excavator manual

CALL 811 - OR - 800.331.5666 • www.ne1call.com
EXCAVATOR
MANUAL
Revised 2/2014
The information contained in this manual was
developed to help you understand the One Call
Law and the operations of Nebraska811. Nebraska811
was established as a means to protect underground
facilities, assist excavators and utilities in complying
with Nebraska Statute and to protect the general
public and environment.
Please note! The statutes apply to any person
excavating or disturbing the soil in the State of
Nebraska. This includes professional contractors,
homeowners and personal property owners. Before
you dig – you must contact Nebraska811.
It’s the LAW!
Nebraska811
PO BOX 649
Elkhorn, NE 68022
811 or 1-800-331-5666
Administrative Offices: 866-711-7281
Email: ne@occinc.com
Website: www.ne1call.com
www.facebook.com/ne1call
www.twitter.com/ne1call
Visit www.ne1call.com for:
• Placing a locate request
• The entire Nebraska Law/One Call Notification Act
• Training and technical resources
• Upcoming events and free promotional items
• A full listing of the One Call Board of Directors
• Much, much more
The information contained in this manual does not have the force
of law and is only provided as guidance.
TABLE OF CONTENTS
About Nebraska811
Hours of Operation and Observed Holidays
The Process of using Nebraska811
Who needs to place a locate request and when?
How do I place a locate request?
Ticket Types
Emergency Locate Requests
ITIC - Internet Ticketing
Required Locate Request Information
Size of Area on a Ticket
White-Lining the Proposed Dig Area
What happens after I submit a locate request?
Who marks the lines?
Depth of Facilities
Best Practice on Privately Owned Lines
How do I know if the utilities have responded?
Color Code and Locating Best Practices
Marking Guidelines
Approximate Location and Facility Identifiers
How long is a ticket valid?
When to Refresh the Marks
Preserving the Marks
Damaging/Disturbing an Underground Utility
Disputes with an Excavator or Facility Owner
Responsibilities of an Excavator/Digger
Responsibilities of the Facility Operators
Nebraska State Law / The One Call Notification Act
Penalties Under the Law
Note Pages
Common Ground Nebraska
1
2
3
4
4
5
6
7
8
09
09
10
10
10
11
11
12
13
14
15
15
15
15
16
17
17
18
28
29
32
This manual contains information the One-Call Board
of Directors believes may be helpful in understanding
the One-Call law. The material is to be used merely as a
guide and should not be relied upon as a substitute for
legal requirements, duties, or responsibilities imposed on
excavators, operators, or others by the One-Call law. For the
most up to date information, including any changes in the
One-Call law, please visit www.ne1call.com.
01
ABOUT NEBRASKA811
In 1994, The Nebraska Legislature passed a law called The
One-Call Notification System Act. It is listed in the Revised
Statutes of Nebraska from Sections 76-2301 to 76-2330. It
says that everyone who excavates (or otherwise disturbs
the surface of the ground) must first call the state one-call
notification center (Nebraska811) at least two business days,
but not more than 10 days, before they start work. Saturday,
Sunday and the holidays listed on page 2 of this manual are
not included in the two business day timeframe.
Nebraska811, formerly known as Diggers Hotline of
Nebraska, is the statewide one-call notification center set
up by Nebraska state law. It is the link between people
who want to excavate and the underground facility owner/
operators.
Nebraska811 can receive regular locate requests via the
following methods:
Phone #: 811 or 800-331-5666 (both numbers are toll free)
ITIC (Internet Ticketing): www.ne1call.com or
ne.itic.occinc.com
The service is FREE to the excavator requesting a locate.
Upon placing a FREE locate request to Nebraska811 for
a proposed excavation, Nebraska811 will provide the
excavator a list of the member utility companies that have
underground facilities in the area of the proposed dig site.
Nebraska811 will then notify those affected utilities of the
proposed excavation.
Nebraska811 is funded by its members, the underground
facility operators. Records of all calls and locate requests are
kept for five years.
Call 866-711-7281 to become a member of Nebraska811
or to report any utility that is not a member.
02
HOURS OF OPERATION
Business Office: 866-711-7281
8:00am - 5:00pm CST
Phone Requests: 811 or 800-331-5666
24/7/365
Internet Requests: www.ne1call.com
24/7/365
OBSERVED HOLIDAYS
Holidays as recognized by Nebraska State Statutes:
New Year’s Day
Martin Luther King, Jr’s Birthday
Presidents Day
Arbor Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving
The Day After Thanksgiving
Christmas
Jan. 1
3rd Monday in Jan.
3rd Monday in Feb.
Last Friday in April
Last Monday in May
July 4
1st Monday in Sept.
2nd Monday in Oct.
November 11
4th Thursday in Nov.
4th Friday in Nov.
December 25
If a holiday falls on Sunday, the following
Monday shall be considered a holiday.
If a holiday falls on a Saturday, the preceding
Friday shall be observed.
03
THE
PROCESS
OF USING
NEBRASKA811
EXCAVATOR
CALLS IN
LOCATE
REQUEST
(White-lining or
pre-marking the
dig site is strongly
encouraged)
NEBRASKA811
PROCESSES
& SUBMITS
REQUEST TO
UTILITIES
UTILITIES MARK
SITE OR ADVISE
IF THEY ARE
‘CLEAR’
EXCAVATOR
DIGS WITH
CARE,
AVOIDING
DAMAGES
04
WHO NEEDS TO PLACE A LOCATE
REQUEST AND WHEN?
Everyone, everywhere in the state of Nebraska must
contact Nebraska811 before excavating or disturbing the
soil, even in your own farm field or backyard! Two business
days (but not more than 10 business days) prior to your
planned excavation activity, you may place a locate request
with Nebraska811. By contacting Nebraska811, you will
be placing a request for the underground utilities in your
excavation area to be located and marked. Contacting
Nebraska811 is required by state law (Nebraska Statute 762321) and is designed to protect you, underground facilities
and the public. Professional contractors, homeowners, and
personal property owners all fall under the statutes.
IMPORTANT: The individual that will be doing the actual
excavation, disturbing the soil, is responsible for submitting
the locate request to Nebraska811. If you are a subcontractor and will be conducting the actual excavation, you
need to place the locate request with Nebraska811. A locate
request placed by your general contractor will not protect
you or your company. If you are a homeowner and will have
someone else doing the excavation on your property, the
individual doing the excavation activity needs to submit
the locate request to Nebraska811. Please ensure that
the individual excavating on your property or project has
submitted a locate request to Nebraska811 2 business days
prior to the excavation activity.
HOW DO I PLACE A LOCATE
REQUEST?
Two business days (but not more than 10 business days)
prior to your planned excavation activity, you may place a
locate request with Nebraska811 via the following methods:
Phone: 811 or 800-331-5666 (both numbers are toll free)
Online: www.ne1call.com or ne.itic.occinc.com
ITIC (Internet Ticketing)
Fax: Special restrictions apply. Contact the Call Center at 866-711-7281 to inquire about this method.
05
TICKET TYPES
NORMAL
This is a standard locate request. Utilities must respond
within two business days or at a time mutually agreed to by
all parties. All utilities should respond by either marking the
approximate location of underground facilities or calling,
faxing or emailing the excavator that the utility is clear or not
affected.
EMERGENCY
A locate request meeting the legal definition of an
Emergency (page 7). Submitting a ticket as an emergency
that does not meet the legal definition is punishable by
criminal penalties. Repeated instances of filing emergency
tickets that do not meet the legal definition of an emergency
may result in a complaint being filed with the Nebraska
Attorney General’s office.
DAMAGE
A notification of the damage or disturbance of an
underground utility. Nebraska statute requires the
immediate notification of the damage, dislocation or
disturbance of an underground utility to Nebraska811.
If the damage involves pipeline or natural gas facilities,
911 must also be notified.
REFRESH
A notification requesting a refresh of marks from an existing
locate request. This request should be made anytime the
work will continue for longer than ten business days or
if marks become unusable due to work disturbance or
weather.
NO RESPONSE
A second notification reporting that a utility, or utilities, did
not respond to an existing locate request by marking or
notification that they are clear. Any utility receiving a No
Response should respond as soon as possible but no later
than two hours.
TICKET TYPES CONTINUED ON NEXT PAGE
06
TICKET TYPES (Continued)
INCORRECT LOCATE
A second notification reporting that a utility, or utilities, did
not mark the original request correctly. Any utility receiving
an Incorrect Locate should respond as soon as possible but
no later than two hours.
DESIGN
A notification to provide the designer with a list of utilities in
the area described. The utilities are not required to respond
to a Design request. Excavation is not allowed on a Design
request.
EMERGENCY LOCATE REQUESTS
An Emergency Locate Request is defined as and will only
be accepted and processed as the following: A clear and
present danger to life, health, or property or which demands
immediate action to prevent or repair a major service
outage. Poor planning on the part of the excavator DOES
NOT constitute an Emergency. If your request does not fall
within the parameters of a defined emergency – you will be
required to wait 2 business days or until all facilities have
been located prior to any excavation activity.
Examples of Emergency Locate Requests, but not limited to:
• Blowing or leaking gas lines
• Repairing downed fence that secures livestock
• Repairing water lines that serve large facilities (nursing
homes, hospitals, schools)
• Repairing crucial cable or fiber serving business/
industry/911 centers
Examples of NON Emergency Requests, but not limited to:
• Installation or repair of fence on personal property
• Repair or installation of underground sprinklers
• Installing cable for personal residence
• Planting trees or any landscaping
Repeated instances of filing emergency tickets that do
not meet the legal definition of an emergency may result
in a complaint being filed with the Nebraska Attorney
General’s office.
07
ITIC
ITIC (Internet Ticketing) is a free internet application
offering excavators the ability to enter a dig request online
24/7/365. There are 2 versions available:
TEXT ONLY– allows you to enter the ticket information
(the text portion of a locate request). The ticket is then sent
to Nebraska811. An ITIC specialist will review the ticket to
ensure it contains all required information, then outline
the proposed excavation site on a map to determine which
utilities will receive the locate request.
MAPPING – allows you to enter the ticket information AND
use the mapping application to determine which utilities will
receive the locate request. The mapping version requires free
training. Webinars and on-site trainings are available. Visit
ne1call.com or call 866-711-7281 to schedule one today!
Direct link to ITIC: ne.itic.occinc.com
08
REQUIRED LOCATE REQUEST
INFORMATION
You will be asked the following questions while submitting a
locate request with Nebraska811. To avoid any delays, please
have all information available when submitting the request.
DIGGERS HOTLINE OF NEBRASKA
Click www.ne1call.com or call 811
Sender Information
Phone Number:
(_________) _________ - ___________
First & Last Name:
______________________________________________________________________________
Caller ID: ________________________________
Company Name:
______________________________________________________________________________
Company Address:
______________________________________________________________________________
Email Address:
________________________________
Fax Number: (_________) _________ - ___________
On Site Contact Information
First & Last Name:
________________________________ Phone Number: (_________) _________ - ___________
Excavation Information
Type of Work:
______________________________________________________________________________
Work Done For:
______________________________________________________________________________
Boring:
Yes
Depth (in FT):
________________________________
Duration: ________________________________
County:
________________________________
City: ________________________________
Inside city limits:
Yes
No
Explosives:
Yes
No
White Lined:
Yes
No
Location Information
No
Address or street work is on or along:
Unknown
_________________________________________________________________
On which side of the road (circle one): N
Nearest intersecting street:
S
E
W
BOTH
_________________________________________________________________
Driving Directions to Site:
_________________________________________________________________
(From intersecting street to site)
_________________________________________________________________
_________________________________________________________________
Marking Instructions:
_________________________________________________________________
(Include starting and stopping point)
_________________________________________________________________
_________________________________________________________________
LEGALS
Township: ____________
Range:____________ Section/Quarter: _______________________________
Rev Jan 2013
* This form is available for printing/copies at: www.ne1call.com/resources/promotional-items/
09
SIZE OF AREA ON A TICKET
To ensure that your tickets are done accurately and on
time, Nebraska811 policy limits the size of a ticket to:
• Five individual addresses per 100 block, all on same
road and all having the same marking instructions.
• Inside city limits, one block (from intersection to intersection) along one road.
• Outside city limits, six miles along one road.
WHITE-LINING OF A PROPOSED DIG AREA
White lining is the practice of outlining the area of
excavation with white paint or flags. White lining saves the
utilities time once on site and ensures the entire area of
excavation is located properly.
1. Single Area Excavation Marking
Co. Identifier
1” Wide
1” Dia.
Dots
Co. Identifier
1” Wide
Co. Identifier
1” Wide
6” Approx. Length
Co. Identifier
1” Wide
6” Approx. Length
•
•
•
•
Marks 12 - 18” long, 1” wide, 4 - 50’ apart
Outline or dot the extent of excavation
Identify corners with solid angles
Identify excavator name
Dots may have less
than 4’ spacing
Full Line
Radius or Arc
Four Corner
Dash Line
2. Single Stake Marking Center Point of Excavation
• Stake at the center of
excavation
• Include name of
excavator on stake
• Indicate radius of
excavation on stake
Single stake with
radius noted.
This circle
illustrates
the radius
indicated on
the stake.
3. Trenching, Boring or Other Continuous Type Excavation
Trench Line
Co. Identifier
Proposed Excavation Center Line
1” x 6” to 12” Arrows
Trench Line
Co. Identifier
1” Dia. Dots
Curb
• Marks 12 - 18” long, 1” wide, 4 - 50’ apart
• Outline or dot the extent of excavation
• Identify corners with solid angles
• Identify excavator name
Property
Line
4. Stakes, Flags, or Whiskers
5. Excavation Corridor
ACME (Excavator identifier)
10’ CDR
Stakes, Flags, or Whiskers
Marking Four Corners
Stakes, Flags, or Whiskers
Marking Outline of Excavation
(Corridor width)
Indicate corridor width along path of excavation
Please refer to the Common Ground Alliance Best Practices manual for more information
on marking guidelines. The Best Practices Manual can be viewed and downloaded by
visiting www.ne1call.com/resources/education-and-training-center/help-documents
Nebraska811 strongly encourages the practice whenever
possible. Free flags are available upon request at
www.ne1call.com.
10
WHAT HAPPENS AFTER I SUBMIT
A LOCATE REQUEST?
The member utilities affected by your proposed dig site will
promptly be notified by Nebraska811 of your excavation
plans. If they are within your proposed dig site, the utility
will respond no later than two business days after receipt
of the notice or at a time mutually agreed to by all parties
involved. The member utilities will mark the approximate
location of their underground utilities. These marks are
approximate and will be within 18 inches on either side,
plus ½ the width of the underground facility. If digging must
take place in an area marked, hand digging and extreme
caution is suggested. An operator who determines that it
does not have any underground facilities located in the
area of proposed excavation will notify the excavator of that
determination prior to the start date/time indicated on the
ticket.
WHO MARKS THE LINES?
The facility owner/operator is required by law to respond
to each notification. Nebraska811 will send the proposed
excavation information to the facility owner/operator. The
operator will either respond to the locate request themselves
or they may hire a contract locating company to respond for
them.
DEPTH OF FACILITIES
Utilities are not required to mark/indicate the depth of
their facilities under Nebraska law. Even though there are
standards established for the installation of various facilities,
factors such as erosion or landscaping can change the depth
of an installed facility. It is recommended that the excavator
never assume that any facility is at a given depth.
11
BEST PRACTICE ON PRIVATELY
OWNED LINES
Privately owned underground facilities are not required to
be marked by representatives of One Call Member facility
operators beyond the demarcation point of each facility (e.g.
Private Property) and can vary depending on the type of
facility and policies of the facility operator.
Prior to excavating, the excavator should be aware that
privately owned buried facilities may exist within the work
area. The excavator should inspect the work area for signs
of private utilities and contact the private facility owner to
verify the location.
Examples of private facilities include but are not limited to:
• Natural gas lines running to fire pits, BBQ grills, pool
heaters, spas, detached garage, etc.
• Landscape lighting, invisible pet fencing
• Water lines for water features, underground sprinklers
• Electric line running to out buildings, garages, gazebos,
sheds, RV hook-ups, etc.
• Electric lines for parking lot lights
• Electric line for commercial signage
• Private sewer and water including septic laterals and
water service
• Electric lines to center pivots
• Farm tap service lines
• Propane lines from tank to structure
A Private Line Locator Directory is available at
www.ne1call.com/resources/private-line-locator-directory
HOW DO I KNOW IF UTILITIES HAVE
RESPONDED?
The facility owner/operator is required by law to respond to
each notification. After the operator has been notified of the
planned excavation, they are required by law to either:
1. Mark the approximate location of their underground
facilities using the APWA color code (on next page);
2. Request additional information if necessary; or
12
3. Advise you if they have no facilities at your
excavation site by verbally informing the excavator
in person or by calling the contact number, leaving a
message, sending an email or fax if provided, or
marking “clear” or “ok” at the dig site.
Contact Nebraska811 if a utility has not responded by the start date/time on the locate request.
COLOR CODE AND LOCATING BEST
PRACTICES
Use color-coded surface marks (paint) to indicate the
location and route of buried lines. To increase visibility,
color-coded vertical markers (temporary stakes or flags)
could supplement surface marks. All marks and markers
should indicate the name, initials or logo of the company
that owns or operates the line and the width of the facility if
it is greater than two inches.
If the surface over the buried line is to be removed,
supplemental offset marking may be used. Offset markings
should be on a uniform alignment and must clearly indicate
that the actual facility is a specific distance away.
WHITE :
Proposed Excavation
PINK :
Temporary Survey Markings
RED :
Electric Power Lines, Cables,
Conduit and Lighting Cables
YELLOW :
Gas, Oil, Steam, Petroleum or
Gaseous Materials
ORANGE :
Communication, Alarm or Signal
Lines, Cables or Conduit
BLUE:
Potable Water
PURPLE :
Reclaimed Water, Irrigation and
Slurry Lines
GREEN:
Sewer and Drain Lines
13
MARKING GUIDELINES
If digging must take place within this area, the excavator should
exercise such reasonable care as may be necessary for the
protection of any underground facility in or near the excavation
area. Use extreme caution along with hand digging or other
soft digging methods.
(indicate center of single toned facility)
4’ to 50’ in distance
between marks
TL
W
”S
Approximate Center of Facility
1” Wide
4. Conduit or Oversize Facility
A
PL
4”
C
4/
SB
PG
&
4/ E
4”
PL
A
Pipe Material
(diamond enclosed by outside edge of facility)
SID
EW
CU AL
RB K
3. Multiple Facilities
(same type facilities where separate signal is not possible)
SID
EW
CU AL
RB K
DO
SBC (Company identifier)
12” to 18”
12
SID
EW
CU ALK
RB
(as can be reasonably seen based on terrain)
Actual Outer Edges of Facilities
Approximate Center of Facilities
5. Corridor Mark
6. Bends
(same type facilities where number is not known)
(radius indicated with marks depicting arc)
DR
”C
PG
&
6” E
PL
A
12
PG
&E
EW
SID
CU
RB
AL
K
PG&E
6” PLA
Approximate Center of Combined Facilities
Actual Outer Edges of Facilities
Approximate Center
7. Laterals
(mark as a “T” – indicate any change in size or direction)
8. Painted Offset
PG&E
2” PLA
PG&E
PG
&
4” E
PL
A
8’ off
12”
STL
Approximate Center
Approximate Center
9. Staked Offset
10. Vaults
(arrow with distance to center of facility)
(mark edges and arrow toward visible access)
PG&E
4’ off
12”
STL
PG&E
PG&E Vault
Approximate Center
12. “Clear” or “Ok”
11. Terminations
(CLEAR or OK indicates no conflict)
(indicates capped end of a facility)
PG&E
LG CLEAR
AT&T CLEAR
ABC NO FACILITIES
13. Appurtenance or Splice
(valves or fittings elevated from main facility depth)
AT&T
Work Area
Delineation
14. Continuation of Facility
(arrows indicated facility continues beyond locate area)
LG
LG
10”
10”
Please refer to the Common Ground Alliance Best Practices manual for more
information on marking guidelines. The Best Practices Manual can be viewed
and downloaded by visiting www.ne1call.com/resources/education-andtraining-center/help-documents
(arrow with distance to center of facility)
Facility Marking Standards
2. Single Facility
1. General Marks
ANCE
ZONE
APPROXIMATE
LOCATION
GA
S
14
WHITE :
Proposed Excavation
18”
Hand Dig
PINK :
18”
Hand Dig
Temporary Survey Markings
LOCATION
RED :
Electric Power Lines, Cables,
TOLERANCE ZONE
Conduit and Lighting Cables
YELLOW :
18”
18”
Gas, Oil, Steam, Petroleum or
Hand Dig
Gaseous MaterialsHand Dig
ORANGE :
Communication, Alarm or Signal
Lines, Cables or Conduit
BLUE:
Potable Water
SMALL PIPE OR CABLE
PURPLE :
Reclaimed Water, Irrigation and
Slurry Lines
GREEN:
Sewer and Drain Lines
FACILITY IDENTIFIERS
COLOR
UTILITY TYPE
RED :
E=electric, RR=railroad signal,
SL= street lighting, TS=traffic signal
YELLOW:
CH=chemical, G=gas, LPG=liquified
petroleum gas, PP=petroleum products
BLUE:
W=water
GREEN:
S=sewer, SD=storm drain, SS=sewer
ORANGE:
FO=fiber optic, TEL=telephone,
TV=cable television
15
HOW LONG IS A TICKET VALID?
If an active excavation project will continue for longer
than 10 days or the markings become unclear or unusable
at anytime due to weather, construction or other causes, a
Refresh request needs to be submitted to Nebraska811. Use
the original ticket number as a reference. A Refresh request
requires the two business day waiting period.
WHEN TO REFRESH THE MARKS –
BEST PRACTICE ON TICKET LIFE
Markings provided by operators shall be valid for a period of
10 business days from the proposed starting date provided
to Nebraska811. The person responsible for the excavation
project shall renew the notification with Nebraska811 at
least 2 business days prior to this expiration date and shall
continue to renew such notification in the same manner
throughout the duration of the excavation. The renewal
notice shall be valid for a period of 10 business days from the
proposed starting date of the renewal notification.
PRESERVING THE MARKS –BEST PRACTICE
ON CONDITION OF FACILITY LOCATION MARKINGS
The excavator is responsible for reasonably protecting and
preserving facility location markings until no longer required
for proper and safe excavation near an underground facility.
If the excavator has reason to believe locate markings are
obliterated, obscured, missing or incorrect, the excavator
shall notify Nebraska811 in order to have the facility operator
verify, refresh or remark the locate. It is important that all
facilities are marked prior to digging. Notice to the center
shall be given at least 2 business days, but not more than 10
business days, before commencing the excavation.
DAMAGING/DISTURBING AN
UNDERGROUND UTILITY
All excavators must notify Nebraska811 to report damage
to an underground facility (see 76-2326). Nebraska811
will notify all underground member facility operators
16
in the area, who will respond appropriately. If the
damage results in a potentially dangerous emergency,
the excavator shall take reasonable actions to alleviate the
emergency including, but not limited to, the evacuation
of the affected area. For everyone’s safety in any incident
involving blowing gas, make calls from a safe distance. The
excavator shall leave all equipment situated where the
equipment was at the time the emergency was created
and immediately contact the operator/owner, appropriate
authorities and response agencies including, but not limited
to, the 911 emergency response system.
DISPUTES WITH AN EXCAVATOR OR
FACILITY OWNER
Nebraska811 will not and is not authorized to settle
disputes between excavators, facility operators and contract
locators. In the event that you may be involved in a dispute,
Nebraska811 may provide copies of records.
If an excavator or facility owner has repeated incidents of
non-compliance or failure to adhere to the statutes, you may
file a complaint with the Attorney General’s office.
Complaint forms can be found on Nebraska811 website –
www.ne1call.com or by contacting the Nebraska Attorney
General’s office.
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P
17
RESPONSIBILITIES OF AN
EXCAVATOR/DIGGER
• You must call Nebraska811 at least 2 business days, but not more than 10 business days before digging (except for emergencies. See page 7).
• You must ensure all information on the locate request is accurate. Call Nebraska811 to correct inaccurate information.
• You must contact any other utilities in the area that are NOT notified by Nebraska811. Please report any utilities that are not a member of Nebraska811 by calling
866-711-7281.
• You must ensure all utilities have responded before you begin your excavation. Call Nebraska811 if the utilities
have not responded or marked correctly by the start
date/time on the locate request.
• Once all utilities have marked, or indicated clear, you must dig with reasonable care.
• Should you “hit” (damage, dislocate, disturb or expose) an underground facility, you must call Nebraska811 immediately. Damages shall not be concealed or repaired without authorization from the owner of the facility.
• Contact Nebraska811 if markings need to be refreshed.
RESPONSIBILITIES OF THE
FACILITY OPERATORS
• Underground facility operators must be members of Nebraska811.
• They must mark their facilities or notify the excavator of no facilities in the dig area within two business days from the request.
• The marks must be done in a manner that will last for
a minimum of five business days on any non-permanent surface and a minimum of ten business days on any permanent surface.
• If, in the opinion of the operator, the precise location of a facility cannot be determined and marked as required, the operator will provide all pertinent information and field locating assistance to the excavator at a mutually agreed to time.
18
THE ONE CALL NOTIFICATION ACT
76-2301. Act, how cited.
Sections 76-2301 to 76-2330 shall be known and may be
cited as the One-Call Notification System Act.
76-2302. Legislative intent.
(1) It is the intent of the Legislature to establish a means
by which excavators may notify operators of underground
facilities in an excavation area so that operators have the
opportunity to identify and locate the underground facilities
prior to excavation and so that the excavators may then
observe proper precautions to safeguard the underground
facilities from damage.
(2) It is the purpose of the One-Call Notification System
Act to aid the public by preventing injury to persons and
damage to property and the interruption of utility services
resulting from accidents caused by damage to underground
facilities.
76-2303. Definitions, where found.
For purposes of the One-Call Notification System Act, the
definitions found in sections 76-2303.01 to 76-2317 shall be
used. Effective Date: May 9, 2013
76-2303.01. Bar test survey, defined.
Bar test survey means a leakage survey completed with
a nonconductive piece of equipment made by manually
driving small holes in the ground at regular intervals along
the route of an underground gas pipe for the purpose of
extracting a sample of the ground atmosphere and testing
the atmosphere in the holes with a combustible gas detector
or other suitable device.
76-2304. Business day, defined.
Business day shall mean any day other than a Saturday,
Sunday, or state or nationally observed legal holiday.
76-2305. Center, defined.
Center shall mean the statewide one-call notification center.
76-2306. Damage, defined.
Damage shall mean any impact with, partial or complete
severance, destruction, impairment, or penetration of, or
removal or weakening of support from an underground
facility, including its protective coating, housing, or other
protective device.
19
THE ONE CALL
NOTIFICATION ACT (Continued)
76-2307. Emergency condition, defined.
Emergency condition shall mean any condition which
constitutes a clear and present danger to life, health, or
property or which demands immediate action to prevent or
repair a major service outage.
76-2308. Excavation, defined.
Excavation shall mean any activity in which earth, rock, or
other material in or on the ground is moved or otherwise
displaced by means of tools, equipment, or explosives and
shall include grading, trenching, digging, ditching, drilling,
auguring, tunneling, scraping, and cable or pipe plowing or
driving but shall not include
(1) normal maintenance of roads if the maintenance does
not change the original road grade and does not involve the
road ditch,
(2) tilling of soil and gardening for seeding and other
agricultural purposes,
(3) digging of graves or in landfills in planned locations,
(4) maintenance or rebuilding of railroad track or facilities
located on a railroad right-of-way by the railroad company
or its contractors when such maintenance or rebuilding does
not change the track grade, or
(5) hand digging around the base of a pole for pole
inspection as part of routine maintenance or replacement
of a pole when the replacement pole is similarly sized and is
installed in the existing hole.
76-2309. Excavator, defined.
Excavator shall mean a person who engages in excavation in
this state.
76-2310. Gas or hazardous liquid underground pipeline
facility, defined.
Gas or hazardous liquid underground pipeline facility shall
mean any underground facility used or intended for use in
the transportation of gas or the treatment of gas or used or
intended for use in the transportation of hazardous liquids
including petroleum or petroleum products.
20
THE ONE CALL
76-2311. Nonpermanent surface, defined.
Nonpermanent surface shall mean any ground consisting of
uncovered dirt or rock or ground that is covered by grass or
other plant life, crushed rock, gravel, or other similar natural
substance.
76-2312. Normal working hours, defined.
Normal working hours shall mean the hours of 7am to 5pm
on a business day in each time zone in the state.
76-2313. Operator, defined.
Operator shall mean a person who manages or controls
the functions of an underground facility but shall not include
a person who is an owner or tenant of real property where
underground facilities are located if the underground facilities
are used exclusively to furnish services or commodities on
the real property.
76-2314. Permanent surface, defined.
Permanent surface shall mean any ground that is covered
by a hard, artificial, weatherproof material such as concrete,
asphalt, or other similar artificial substance.
76-2315. Person, defined.
Person shall mean an individual, partnership, limited liability
company, association, municipality, state, county, political
subdivision, utility, joint venture, or corporation and shall
include the employer of an individual.
76-2316. Statewide One-Call Notification Center, defined.
Statewide one-call notification center shall mean the
association certified by the State Fire Marshal, operating on
a nonprofit basis, supported by its members, and having as
its principal purpose the statewide receipt and dissemination
to participating operators of information on a fair and
uniform basis concerning intended excavation in an area
where the operators have underground facilities.
21
THE ONE CALL
76-2317. Underground facility, defined.
Underground facility shall mean any item of personal
property buried or placed below ground for use in connection
with the storage or conveyance of water, sewage, electronic
communications, telephonic communications, telegraphic
communications, cable television, electric energy, oil, gas,
hazardous liquids, or other substances, including pipes, trunk
lines, fiber optic cables, sewers, conduits, cables, valves,
lines, wires, manholes, and attachments to such personal
property.
76-2318. Center; membership required.
Operators of underground facilities shall become members
of and participate in the statewide one-call notification center.
76-2319. Board of directors; rules and regulations;
selection of vendor.
The center shall be governed by a board of directors who
shall establish the operating procedures and the technology
needed for the center pursuant to rules and regulations
adopted and promulgated by the State Fire Marshal. The
rules and regulations adopted and promulgated by the State
Fire Marshal shall provide for the qualifications, appointment,
retention, and composition of the board of directors. The
board of directors shall also establish a competitive bidding
procedure to select a vendor to provide the notification
service, establish a procedure by which members of the
center share the costs of the center on a fair, reasonable,
and nondiscriminatory basis, and do all other things
necessary to implement the purpose of the center. Any
agreement between the center and a vendor for the
notification service may be modified from time to time by the
board of directors, and any agreement shall be reviewed by
the board of directors at least once every three years, with
an opportunity to receive new bids if desired by the board of
directors.
22
THE ONE CALL
76-2320. Operator; duty to furnish information; center
operational, when; certification.
Every operator shall furnish the vendor selected by the board
of directors with information concerning the location of its
underground facilities. Every operator having underground
facilities in existence in the state on February 16, 1994,
shall furnish such information to the vendor by April 3, 1995.
The vendor shall have the center operational on October 2,
1995. The center shall be certified by the State Fire Marshal,
and the certification shall be reviewed every two years to
ensure continued compliance with federal law.
76-2321. Excavation; notice; contents; commencement.
(1) A person shall not commence any excavation without
first giving notice to every operator. An excavator’s notice
to the center shall be deemed notice to all operators.
An excavator’s notice to operators shall be ineffective
for purposes of this subsection unless given to the
center. Notice to the center shall be given at least two
full business days, but not more than ten business days,
before commencing the excavation, except notice may
be given more than ten business days in advance when
the excavation is a road construction, widening, repair, or
grading project provided for in section 86-334. An excavator
may commence work before the elapse of two full business
days when
(a) notice to the center has been given as provided by this
subsection, and
(b) all the affected operators have notified the excavator
that the location of all affected operator’s underground
facilities have been marked or that the operators have
no underground facilities in the location of the proposed
excavation.
(2) The notice required pursuant to subsection (1) of this
section shall include
(a) the name and telephone number of the person making
notification,
(b) the name, address, and telephone number of the
excavator,
23
THE ONE CALL
(c) the location of the area of the proposed excavation,
including the range, township, section, and quarter section,
unless the area is within the corporate limits of a city or
village, in which case the location may be by street address,
(d) the date and time excavation is scheduled to commence,
(e) the depth of excavation,
(f ) the type and extent of excavation being planned, including
whether the excavation involves tunneling or horizontal
boring, and
(g) whether the use of explosives is anticipated.
76-2322 Excavator; notice to center.
An excavator shall serve notice of intent to excavate upon the
center by calling the center’s toll-free telephone number. The
center shall inform the excavator of all operators to whom
such notice will be transmitted and shall promptly transmit
such notice to every operator having an underground facility
in the area of intended excavation. The center shall assign an
identification number to each notice received.
76-2323. Underground facilities; mark or identify.
(1) Upon receipt of the information contained in the notice
pursuant to section 76-2321, an operator shall advise
the excavator of the approximate location of underground
facilities in the area of the proposed excavation by marking
or identifying the location of the underground facilities with
stakes, flags, paint, or any other clearly identifiable marking
or reference point. The location of the underground facility
given by the operator shall be within a strip of land eighteen
inches on either side of the marking or identification plus
one-half of the width of the underground facility. If in the
opinion of the operator the precise location of a facility
cannot be determined and marked as required, the operator
shall provide all pertinent information and field locating
assistance to the excavator at a mutually agreed to time. The
location shall be marked or identified using color standards
prescribed by the center. The operator shall respond no later
than two business days after receipt of the information in the
notice or at a time mutually agreed to by the parties.
24
THE ONE CALL
(2) The marking or identification shall be done in a manner
that will last for a minimum of five business days on any
nonpermanent surface and a minimum of ten business days
on any permanent surface. If the excavation will continue for
longer than five business days, the operator shall remark or
re-identify the location of the underground facility upon the
request of the excavator. The request for remarking or reidentification shall be made through the center.
(3) An operator who determines that it does not have any
underground facility located in the area of the proposed
excavation shall notify the excavator of the determination
prior to the date of commencement of the excavation.
76-2324. Excavator; liability for damage; when.
An excavator who fails to give notice of an excavation
pursuant to section 76-2321 and who damages an
underground facility by such excavation shall be strictly liable
to the operator of the underground facility for the cost of all
repairs to the underground facility. An excavator who gives
the notice and who damages an underground facility shall
be liable to the operator for the cost of all repairs to the
underground facility unless the damage to the underground
facility was due to the operator’s failure to comply with
section 76-2323. An excavator who fails to give notice of an
excavation pursuant to section 76-2321 and who damages
an underground facility that is operated by the excavator
shall not be in violation of the One-Call Notification System
Act.
In addition to any liability provided in this section an operator
of a damaged underground facility shall be entitled to any
other remedies available at law or in equity provided by
statute or otherwise.
76-2325. Violations; civil penalty.
Any person who violates the provisions of section 76-2320,
76-2321, 76-2322, 76-2323, 76-2326, or 76-2330 shall
be subject to a civil penalty as follows:
(1) For a violation related to a gas or hazardous liquid
underground pipeline facility, an amount not to exceed ten
thousand dollars for each violation for each day the
25
THE ONE CALL
violation persists, up to a maximum of five hundred thousand
dollars; and
(2) For a violation related to any other underground facility,
an amount not to exceed five hundred dollars for each day
the violation persists, up to a maximum of five thousand
dollars.
An action to recover a civil penalty shall be brought by the
Attorney General of a prosecuting attorney on behalf of the
State of Nebraska in any court of competent jurisdiction
of this state. The trial shall be before the court, which
shall consider the nature, circumstances, and gravity
of the violation and, with respect to the person found to
have committed the violation, the degree of culpability,
the absence or existence of prior violations, whether the
violation was a willful act, any good faith attempt to achieve
compliance, and such other matters as justice may require
in determining the amount of penalty imposed. All penalties
shall be handled and distributed pursuant to Article VII,
section 5, of the Constitution of Nebraska.
76-2325.01. Unlawful interference; penalty.
Any person who willfully and maliciously breaks, injures,
destroys, or otherwise interferes with the poles, wires,
or other facilities of any telecommunications or railroad
company or electric light and power company in this state
or who willfully and purposely interrupts or interferes with
the transmission of telecommunications messages or the
transmission of light, heat, and power in this state shall be
subject to the action and penalty prescribed in section 28519.
76-2326. Damage; duty of excavator.
If any underground facility is damaged, dislocated, or
disturbed before or during excavation, the excavator shall
immediately notify the center. An excavator shall not conceal
or attempt to conceal damage, dislocation, or disturbance
of an underground facility and shall not repair or attempt
to repair the underground facility unless authorized by the
operator of the underground facility.
26
THE ONE CALL
76-2327. Incorrect location; duty of excavator.
If in the course of excavation the excavator discovers that
the operator has incorrectly located the underground facility,
he or she shall notify the center as soon as practical but no
later than seventy-two hours after discovery.
76-2328. Local Permits; treatment; claims against
political subdivisions.
The One-Call Notification System Act shall not affect or
impair any local ordinances or other provisions of law
requiring permits to be obtained before an excavation.
A permit issued by a governing body shall not relieve an
excavator from complying with the requirements of the act.
No claim shall be maintained under the One-Call Notification
System Act against a political subdivision or its officers,
agents, or employees except to the extent, and only to the
extent, provided by the Political Subdivisions Tort Claims Act.
76-2329. Emergency conditions; bar test survey;
notification requirements; liability.
(1) Sections 76-2321 and 76-2323 shall not apply to
an excavation made under an emergency condition
if all reasonable precautions are taken to protect the
underground facilities. If an emergency condition exists, the
excavator shall give notification in substantial compliance
with section 76-2321 as soon as practical. Upon being
notified that an emergency condition exists, each operator
shall provide all reasonably available location information
to the excavator as soon as possible. If the emergency
condition has arisen through no fault of the excavator,
sections 76-2324 and 76-2325 shall not apply and the
excavator shall be liable for damage to any underground
facility located in the area if the damage occurs because of
the negligent acts or omissions of the excavator.
(2) Sections 76-2321 and 76-2323 shall not apply to a bar
test survey deemed necessary to address an emergency
condition performed by the operator of the gas or hazardous
liquid underground pipeline facility or a qualified excavator
who has been engaged to work on behalf of the operator
27
THE ONE CALL
in response to a reported or suspected leak of natural
gas, propane, or other combustible liquid or gas. If the
emergency condition has arisen through no fault of the
excavating operator, section 76-2325 shall not apply.
(3) Sections 76-2321 and 76-2323 shall not apply to an
excavation deemed necessary to address an emergency
condition performed by the operator of the gas or
hazardous liquid underground pipeline facility or a qualified
excavator who has been engaged to work on behalf of the
operator to address a leak of natural gas, propane, or other
combustible liquid or gas. In such event, the operator shall
give notification in substantial compliance with section
76-2321 prior to the excavation undertaken by the operator
to address the emergency condition. Upon being notified
that an emergency condition exists, each operator shall
provide all reasonably available location information to the
excavating operator as soon as possible, but the excavating
operator need not wait for such location information prior
to excavation or continuing excavation. If the emergency
condition has arisen through no fault of the excavating
operator, section 76-2325 shall not apply. Effective Date: May
9, 2013
76-2330. Center; duties.
The center shall:
(1) Maintain adequate records documenting compliance
with the requirements of the One-Call Notification System
Act, including records of all telephone calls and records of all
location requests for the preceding five years which will be
made available and printed upon request of an operator or
excavator;
(2) Provide the notification service during normal working
hours at a minimum; and
(3) Provide procedures for emergency notification for calls
received at other than normal working hours.
28
CRIMINAL PENALTIES
28-519. Criminal Penalties.
(1) A person commits criminal mischief if he or she:
(a) Damages property of another intentionally or
recklessly; or
(b) Intentionally tampers with property of another so as to
endanger person or property; or
(c) Intentionally or maliciously causes another to suffer
pecuniary loss by deception or threat.
(2) Criminal mischief is a Class IV felony if the actor
intentionally or maliciously causes pecuniary loss of one
thousand five hundred dollars or more, or a substantial
interruption or impairment of public communication,
transportation, supply of water, gas, or power, or other
public service.
(3) Criminal mischief is a Class I misdemeanor if the actor
intentionally or maliciously causes pecuniary loss of five
hundred dollars or more but less than one thousand five
hundred dollars.
(4) Criminal mischief is a Class II misdemeanor if the actor
intentionally or maliciously causes pecuniary loss of two
hundred dollars or more but less than five hundred dollars.
(5) Criminal mischief is a Class III misdemeanor if the actor
intentionally, maliciously, or recklessly causes pecuniary loss
in an amount of less than two hundred dollars, or if his or her
action results in no pecuniary loss.
PENALTIES UNDER THE LAW
There are fines for failure to do what the One Call
Notification Act requires. For violations related to gas or
hazardous liquid pipelines, fines up to $10,000 per day (to
a maximum of $500,000) may be assessed. For violations
related to any other underground facility, an amount up to
$500 per day (to a maximum of $5,000) may be assessed.
There are also criminal penalties for any person who willfully
and maliciously interferes with underground facilities or
interrupts the transmission of a public utility as provided in
Section 28-519 (see above).
29
NOTES
30
NOTES
31
NOTES
32
COMMON GROUND NEBRASKA
Common Ground Nebraska (CGN) is a ‘regionally organized’
version of its parent, the national Common Ground Alliance,
or CGA. It is a member-driven association dedicated to
ensuring public safety, environmental protection, and
the integrity of services by promoting effective damage
prevention practices in the great state of Nebraska. The
association has established itself as the leading organization
in an effort to reduce damages to all underground facilities
in Nebraska through shared responsibility among all
stakeholders.
Purpose
The purpose of Common Ground Nebraska (CGN) is to
prevent damage to underground infrastructure by:
• Fostering a sense of shared responsibility for the protection of underground facilities
• Supporting research
• Developing and conducting public awareness and education programs
• Identifying and disseminating the stakeholder best
practices such as those embodied in the latest version of the Common Ground Alliance (CGA) Best Practices
• Serving as a clearinghouse for damage data collection, analysis and dissemination
Get Involved
In promoting a spirit of shared responsibility, CGN
welcomes all stakeholders who would like to be a part of
the identification and promotion of best practices that lead
to a reduction in damage; visit the website to learn more.
Any “best practices” endorsed by the CGN come with
consensus support from experts in the following stakeholder
groups: Excavators, Locators, Road Builders, Electric,
Telecommunications, Oil, Gas, Railroad, Water, One Call,
Public Works, Equipment Manufacturing, State Regulators,
Insurance, Pipeline Operators, Emergency Services and
Engineering/Design.
www.ne-cga.com

excavator manual

Transcription

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