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. 42.30.140. Penalties.
A person who violates AS 42.30.110 – 42.30.140, upon conviction, is punishable for each offense by a fine of not more than $300.
Sec. 42.30.150. Liability of railroad for injury to or death of livestock.
A person or the lessee or agent of a person owning or operating a railroad in the state is liable for the value of or injury to a horse, mule, colt, cow, bull, calf, hog, sheep, or other domesticated animal killed or injured upon or near an unfenced track of a railroad in the state, […]
Sec. 42.30.160. When railroad track considered fenced.
A railroad track is not fenced within the meaning of AS 42.30.150 – 42.30.190 unless the track is guarded against the entrance of the livestock on either side and not more than 100 feet distant from the track by a fence constructed as required by law. Complete natural defenses against the entrance of stock, such […]