Sec. 42.30.410. Operator’s response to request to locate; immunity related to unmarked or inaccurately marked facilities.
(a) An underground facility operator shall accept requests to locate underground facilities during the operator’s regular business hours. An operator who receives a request to locate shall maintain for at least one year an accurate record of the request and responses to the request. (b) When an underground facility operator receives a request to locate, […]
Sec. 42.30.420. Responsibility of construction project owners.
The owner of a construction project that will require excavation shall indicate in bid documents or contracts for construction the existence of underground facilities that the project owner knows are located inside of the proposed area of excavation. This requirement does not release the excavator from the excavator’s responsibility under AS 42.30.400 – 42.30.490.
Sec. 42.30.430. Obligations concerning the conduct of excavations.
(a) An excavator shall use reasonable care to avoid damaging an underground facility. The excavator shall (1) determine, without damage to the facility, the precise location of an underground facility whose location has been marked; (2) plan the excavation to avoid damage to and minimize interference with an underground facility in or near the excavation […]
Sec. 42.30.440. Penalties; injunctive relief.
(a) In addition to all other remedies provided by law, a person who violates a provision of AS 42.30.400 – 42.30.490 is subject to a civil penalty of not less than $50 nor more than $1,000 for each offense if the violation results in or significantly contributes to damage to an underground facility. (b) If […]
Sec. 42.30.450. Waiver of requirements by written agreement.
An operator and an excavator may, by written agreement, waive the requirements of AS 42.30.400 – 42.30.490 that the excavator notify the operator of planned excavations and that the operator locate underground facilities. The agreement must identify the geographic areas to which the waiver applies and the time period for which the waiver is valid.
Sec. 42.30.460. Underground facility owner.
If the operator of an underground facility is not the owner of the facility and if the operator cannot be identified or has been identified but cannot be reached in a reasonable amount of time, the excavator may give the notice required by AS 42.30.400 – 42.30.490 to the owner of the underground facility and […]
Sec. 42.30.490. Definitions.
In AS 42.30.400 – 42.30.490, (1) “damage” means (A) the substantial weakening of structural or lateral support of an underground facility; (B) penetration, impairment, or destruction of any underground protective coating, housing, or other protective device; and (C) the partial or complete severance of an underground facility to the extent that the project owner or […]
Sec. 42.30.010. Use of streets and public places.
A person may not use the streets, alleys, or other public places of a city for public service except under AS 42.30.010 – 42.30.050. AS 42.30.010 – 42.30.050 do not apply to or affect a franchise granted before August 2, 1923, and may not be construed to legalize a franchise claimed to have been granted […]
Sec. 42.30.170. Notice and filing of killing or injury.
Whenever livestock mentioned in AS 42.30.150 is killed or injured upon an unfenced railroad track, the person owning or operating the railroad, or that person’s lessee or agent, or an authorized agent or employee, shall immediately have a notice of killing or injury filed by filing a concise description of the animal killed or injured, […]
Sec. 42.30.020. Duty to serve without discrimination and adopt regulations.
(a) Every person operating a public service plant or undertaking wholly or partially in a city for the furnishing of telephone service, water, power, lighterage, wharfage, dockage, storage, heat or light or kindred public service shall serve everybody alike without discrimination, and without denial, except for good and sufficient cause. Every person undertaking to supply […]