§ 87-129.1 – Fee to defray operating costs.
87-129.1. Fee to defray operating costs. The Board is authorized to impose an annual fee on operators in order to provide sufficient moneys to fund the activities and operations of the Board in reviewing reports of alleged violations of this Article. The fee shall be based on volume of notifications provided by the Notification Center […]
§ 87-130 – Severability.
87-130. Severability. If any provision of this Article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Article are severable. (2013-407, s. 2.)
§ 87-122 – Excavator responsibilities.
87-122. Excavator responsibilities. (a) Before commencing any excavation or demolition operation, the person responsible for the excavation or demolition shall provide or cause to be provided notice to the Notification Center of his or her intent to excavate or demolish. Notice for any excavation or demolition that does not involve a subaqueous facility must be […]
§ 87-123 – Training.
87-123. Training. (a) Every person who is an excavator, locator, or operator under this Article by virtue of engaging in these activities in the course of a business or trade has a duty to provide education and training to employees and to document such education and training. The training shall include sufficient information, guidance, and […]
§ 87-124 – Exemptions.
87-124. Exemptions. The notice requirements in G.S. 87-122(a) and G.S. 87-122(b) do not apply to the following: (1) An excavation or demolition performed by the owner of a single-family residential property on his or her own land that does not encroach on any operator’s right-of-way, easement, or permitted use. (2) An excavation or demolition performed […]
§ 87-125 – Notice in case of emergency excavation or demolition.
87-125. Notice in case of emergency excavation or demolition. (a) An excavator performing an emergency excavation or demolition is not required to give notice to the Notification Center as provided in G.S. 87-122. However, the excavator shall, as soon as practicable, give notice to the Notification Center which shall include a description of the circumstances […]
§ 87-126 – Notification required when damage is done.
87-126. Notification required when damage is done. (a) The excavator performing an excavation or demolition that results in any damage to a facility shall immediately upon discovery of the damage notify the Notification Center and the facility operator, if known, of the location and nature of the damage. The excavator shall allow the operator reasonable […]
§ 87-127 – Design notices.
87-127. Design notices. (a) A designer may submit a design notice to the Notification Center. The design notice shall describe the tract or parcel of land for which the design notice has been submitted with sufficient particularity, as defined by policies and procedures adopted by the Notification Center, to allow the operator to ascertain the […]
§ 87-128 – Absence of facility location.
87-128. Absence of facility location. If an operator who has been given notice as provided in G.S. 87-120(d) by the Notification Center fails to respond to that notice as provided in G.S. 87-121 or fails to properly locate the facility, the person excavating is free to proceed with the excavation. Neither the excavator nor the […]
§ 87-129 – Underground Damage Prevention Review Board; enforcement; civil penalties.
87-129. Underground Damage Prevention Review Board; enforcement; civil penalties. (a) There is hereby established the Underground Damage Prevention Review Board to review reports of alleged violations of this Article. The members of the Board shall be appointed by the Governor. The Board shall consist of 15 members as follows: (1) A representative from the North […]