US Lawyer Database

§ 809. Injunction; mandamus.

§ 809. Injunction; mandamus. Whenever it appears that any person has engaged in, is engaging in or is about to engage in excavation or demolition in a manner contrary to safe practices, thereby posing a threat or potential threat, of injury or damage to life, limb or property, not necessarily limited to utility lines, or […]

§ 810. Penalties.

§ 810. Penalties. It is unlawful and a misdemeanor for any person to do any act forbidden, or fail to perform an act required by this chapter. (1) Except as provided in paragraph (2) of this section, whoever, by action or inaction, violates a provision of this chapter shall, for the first offense, be fined […]

§ 811. Civil liability.

§ 811. Civil liability. (a) Obtaining information as required by this chapter does not excuse any person making any excavation or demolition from doing so in a careful and prudent manner, nor shall it excuse any person from liability for any damage or injury resulting from the excavation or demolition. (b) If the information required […]

§ 812. Conviction not admissible.

§ 812. Conviction not admissible. A conviction under this chapter, even when obtained pursuant to a guilty plea, shall not be admissible in any civil proceedings involving personal injury, wrongful death or property damage. 62 Del. Laws, c. 148, § 2;  69 Del. Laws, c. 455, § 1; 

§ 813. Effective date.

§ 813. Effective date. The effective date of this chapter shall be January 1, 1995. 69 Del. Laws, c. 455, § 1; 

§ 821. Intrastate pipelines.

§ 821. Intrastate pipelines. The Public Service Commission shall have the authority to make and enforce rules required by the federal Natural Gas Pipeline Safety Act of 1968, as amended (49 U.S.C. Chapter 601), to qualify for federal certification of a state pipeline safety compliance program under 49 U.S.C. § 60105(a), relating to the regulation […]

§ 822. Interstate pipelines.

§ 822. Interstate pipelines. The Public Service Commission shall have the authority to enter into agreements with the Secretary of the United States Department of Transportation, pursuant to 49 U.S.C. § 60106(b), to participate in the oversight of interstate pipeline transportation. Such participation may include inspection and investigatory duties but shall not include the enforcement […]

§ 807. Approved notification center.

§ 807. Approved notification center. (a) The approved notification center shall be Utilities Service Protection of Delmarva, Inc. (b) The approved notification center shall: (1) Receive and record information prescribed by § 803 of this title regarding the location of operators’ utility lines within the State; (2) Receive and record information prescribed by §§ 805 […]

§ 808. Exemptions.

§ 808. Exemptions. No penalties provided for in § 810 of this title shall apply to any excavation or demolition done by the owner of a private residence when such excavation or demolition is made entirely on the land on which the private residence is situated and provided there is no encroachment on any operator’s […]

§ 801. Purpose; citation; construction.

§ 801. Purpose; citation; construction. (a) For the purposes of providing for the protection of the public health and safety, certain procedures are necessary to assure that persons performing excavation or demolition operations know, prior to commencing such operations, of the presence or location of underground utilities in the excavation or demolition area. Certain precautions […]