§ 14-271-101. Title
This chapter may be cited as the “Arkansas Underground Facilities Damage Prevention Act”.
§ 14-271-102. Definitions
As used in this chapter, unless the context otherwise requires: (1) “Approximate location of underground facilities” means a strip of land at least three feet (3′) wide but not wider than the width of the facility plus one and one-half feet (1½’) on either side of the facility; (2) “Damage” includes the substantial weakening of […]
§ 14-271-103. Applicability
(a) The Arkansas Public Service Commission shall, after public comment and hearing as provided below, promulgate rules providing for an Arkansas One Call Center to be established and maintained by all operators subject to the jurisdiction of the commission. (b) The rules shall at a minimum be consistent with the requirements of any federal law […]
§ 14-271-104. Penalties — Civil remedies
(a) (1) Except as provided in subdivision (a)(2) of this section, any person who violates any provisions of this chapter shall be subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation. (2) Operators of underground pipeline facilities and excavators shall, upon violation of any applicable requirements of […]
§ 14-271-106. Permittees to comply
A permit issued pursuant to law authorizing excavation or demolition operation shall not be deemed to relieve a person from the responsibility for complying with the provisions of this chapter.
§ 14-271-107. Membership in One Call Center
(a) All operators of underground facilities shall become members of the One Call Center; however, the commission may provide, by rule or by orders, for such exemptions or waivers concerning some or all of the requirements of membership as may appear reasonable and proper, as long as the exemption or waiver is not prohibited by […]
§ 14-271-108. Notice to One Call Center — Changes — Files
(a) (1) Each member operator having underground facilities, including those facilities that have been abandoned in place by the member operator but not yet physically removed and that can be identified, shall file a notice with the One Call Center that the member operator has underground facilities. (2) The notice shall include a list of […]
§ 14-271-109. Notice to One Call Center — Exceptions
(a) Compliance with notice requirements of § 14-271-112 is not required for: (1) The moving of earth that is not on a right-of-way or within an easement of an operator by tools manipulated only by human or animal power; (2) The moving of earth by an operator that is on a right-of-way or within an […]
§ 14-271-110. Notifying operators of underground facilities — Identification of location
(a) (1) Within four (4) working hours after receiving notification of intent to excavate or demolish, the One Call Center shall in turn notify all member operators of underground facilities in the affected area of the proposed activity. (2) (A) Unless otherwise agreed to between the excavators and the operator, within two (2) working days […]
§ 14-271-111. Color code for marking facility and excavation or demolition locations
(a) (1) If the approximate location of an underground facility is marked with temporary markers, stakes, or other physical means, the operator shall follow the color coding prescribed as follows: (2) In addition to the foregoing, all underground facilities installed after January 1, 1996, shall be permanently marked with tracing wires of appropriate durability or […]
§ 14-271-112. Notice of intent to excavate or demolish
(a) Except as provided in § 14-271-109, no person may engage in excavation or demolition activities without having first notified the One Call Center in accordance with the provisions listed in this section. (b) (1) Each person responsible for any excavation or demolition operation shall serve written or telephonic notice of intent to excavate or […]
§ 14-271-113. Notice of damage required — Exception
(a) (1) Except as provided by subsection (b) of this section, a person responsible for an excavation or demolition that results in damage to an underground facility shall: (A) Immediately upon discovery of the damage, notify the One Call Center of the location and nature of the damage and current work status of the excavation […]
§ 14-271-114. Operators of underground pipeline facilities
In addition to the provisions of this chapter, all operators of underground pipeline facilities are required to comply with all applicable federal statutes and regulations pertaining to pipeline safety and damage prevention.
§ 14-271-115. No responsibility for nonmember facilities
Neither the One Call Center, nor any entity operating the One Call Center, nor any member of the One Call Center shall be responsible for locating nonmember underground utility facilities, or for advising or otherwise warning of the possibility of the existence of underground utility facilities other than those owned or operated by members of […]