- For the purposes of this chapter, the location of underground facilities provided by a facility owner or operator in accordance with subsection (a) of Code Section 25-9-7 to any person engaging in scheduled blasting and excavating shall be accurate to within 18 inches, measured horizontally from the outer edge of either side of such underground facilities. If any underground facility becomes damaged by an excavator due to the furnishing of inaccurate information as to its location by the facility owner or operator, the excavator shall not be subject to any liability resulting from damage to the underground facility as a result of the blasting or excavating, provided that such person engaging in scheduled blasting or excavating complies with the requirements of Code Section 25-9-8 and there is no visible and obvious evidence to the excavator of the presence of a mismarked underground facility.
- Upon documented evidence that the person seeking information as to the location of underground facilities has incurred losses or expenses due to inaccurate information, lack of information, or unreasonable delays in supplying information by the facility owners or operators, such facility owners or operators shall be liable to such person for any such losses or expenses.
History. Ga. L. 1975, p. 417, § 5; Code 1981, § 25-9-8 ; Ga. L. 1986, p. 1069, § 1; Ga. L. 1990, p. 805, § 1; Ga. L. 2000, p. 780, § 1; Ga. L. 2005, p. 1142, § 8/SB 274; Ga. L. 2014, p. 652, § 6/SB 117; Ga. L. 2022, p. 325, § 1/HB 1372.
The 2014 amendment, effective July 1, 2014, substituted “18 inches” for “24 inches” in the middle of the first sentence of subsection (a).
The 2022 amendment, effective September 1, 2022, substituted “underground” for “utility” throughout this Code section; in subsection (a), deleted “which is”, substituted “engaging in scheduled blasting and excavating shall” for “must”, and inserted a comma following “inches” in the first sentence, and, in the second sentence, substituted “the excavator” for “such excavator” and inserted “engaging in scheduled blasting or excavating”; and, in subsection (b), substituted “such facility” for “the facility” and “such person” for “that person”.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2000, “its” was substituted for “their” in the second sentence in subsection (a).
Editor’s notes.
This Code section formerly provided for the effect of this chapter on the rights, duties, etc. of gas companies. Ga. L. 1986, p. 1069, § 1 in effect renumbered the former Code section as Code Section 25-9-10.
Ga. L. 1986, p. 1069, § 1 in effect renumbered former Code Section 25-9-8 as this Code section.