§ 25-9-10. Effect of Chapter Upon Rights, Titles, Powers, or Interests of Facility Owners or Operators
This chapter does not affect and is not intended to affect any right, title, power, or interest that any facility owner or operator may have with relation to any underground facility or to any easement, right of way, license, permit, or other interest in or with respect to the land on which the underground facility […]
§ 25-9-10.1. Cooperation With the Department of Transportation
On and after July 1, 2023, the Department of Transportation shall participate in and cooperate with the UPC for purposes of receiving locate requests in the Department of Transportation’s right of way for underground facilities following a process consistent with Code Sections 25-9-6, 25-9-7, and 25-9-8 and subsection (a) of Code Section 25-9-9. The Department […]
§ 25-9-11. Effect of Chapter Upon Rights, Powers, etc., of State, Counties, or Municipalities Concerning Facilities Located on Public Road or Street Rights of Way
This chapter does not affect and is not intended to affect any rights, powers, interest, or liability of the state or the Department of Transportation with respect to the state highway system, the county road system, or the municipal street system, or of a county with respect to the county road system or of a […]
§ 25-9-11.1. Local Governing Authorities Prohibited From Enforcing Ordinances or Resolutions Imposing Fines for Violations of Certain Marking or Location Requirements
No local governing authority shall enforce any ordinance or resolution which imposes fines for a violation of a local ordinance or resolution that establishes requirements for white lining, marking of underground facilities, re-marking of underground facilities, or otherwise locating underground facilities or sewer laterals for any locate request or large project. History. Code 1981, § […]
§ 25-9-12. Notice Requirements for Emergency Excavations
The appropriate notice requirements prescribed by Code Section 25-9-6 shall not be required of persons performing emergency excavations; provided, however, that any person that engages in an emergency excavation shall take all reasonable precautions to avoid or minimize damage to any existing underground facilities and sewer laterals; provided, further, that any person that engages in […]
§ 25-9-13. Appropriate Notice Required
The appropriate notice requirements prescribed by Code Section 25-9-6 shall be required of persons performing nonemergency excavations in an area where one or more facility owners or operators has declared extraordinary circumstances in accordance with subsection (d) of Code Section 25-9-7. When a situation of extraordinary circumstances has been declared, the excavator shall be responsible […]
§ 25-9-14. Liability; Bonds; Enforcement; Advisory Committee; Civil Penalties; Settlement Recommendations
Any person that violates the requirements of subsection (a), (f), or (g) of Code Section 25-9-6 and when resultant blasting or excavating damages underground facilities or sewer laterals such person shall be strictly liable for: All costs incurred by the facility owner or operator in repairing or replacing its damaged facilities, excluding betterments. An investigation […]
§ 25-9-1. Short Title
This chapter shall be known and may be cited as the “Georgia Underground Facility Protection Act.” History. Code 1981, § 25-9-1 , enacted by Ga. L. 2000, p. 780, § 1; Ga. L. 2022, p. 325, § 1/HB 1372. The 2022 amendment, effective September 1, 2022, substituted “Underground” for “Utility”. Editor’s notes. Ga. L. 2000, […]
§ 25-9-2. Purpose of Chapter
The purpose of this chapter is to protect the public from physical harm, prevent injury to persons and property, and prevent interruptions of service resulting from damage to underground facilities and sewer laterals caused by blasting or excavating operations by providing a method whereby the location of underground facilities and sewer laterals will be made […]
§ 25-9-3. Definitions
As used in this chapter, the term: “Abandoned underground facility” means an underground facility taken out of service by a facility owner or operator on or after January 1, 2001. “Appropriate notice” means a notice period that: Is associated with an effective date; Begins at 7:00 A.M. on the first business day following receipt by […]