§ 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;
§ 804. Additional duties of operators who are also underground pipeline facility operators.
§ 804. Additional duties of operators who are also underground pipeline facility operators. It shall be the duty of each underground pipeline facility operator to: (1) Participate in the approved notification center. (2) Provide as follows for inspection of pipelines that such operator has reason to believe could be damaged by excavation activities: a. The […]
§ 805. Duties of designers.
§ 805. Duties of designers. It shall be the duty of each designer: (1) To contact the approved notification center and obtain the identity of operators whose facilities are listed, as required by § 803 of this title, in the area of the proposed excavation or demolition; (2) To obtain the information prescribed in § […]
§ 806. Duties of excavators.
§ 806. Duties of excavators. (a) Prior to undertaking any excavation or demolition activities, it shall be the duty of each excavator to: (1) Ascertain the telephone number of the approved notification center; (2) Notify the approved notification center not less than 2 working days, but no more than 10 working days, prior to the […]
§ 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 […]