§ 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 […]
§ 87-99.2 – Membership of Commission.
87-99.2. Membership of Commission. (a) Appointments. – The Commission shall consist of seven members appointed as follows: (1) One member appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives who, at the time of appointment, is (i) engaged in well contractor activities, (ii) certified as a well contractor under […]
§ 87-115 – Short title.
87-115. Short title. This Article may be cited as the "Underground Utility Safety and Damage Prevention Act." (2013-407, s. 2.)
§ 87-116 – Declaration of policy and purpose.
87-116. Declaration of policy and purpose. The General Assembly of North Carolina hereby declares as a matter of public policy that it is necessary to protect the citizens and workforce of this State from the dangers inherent in excavating or demolishing in areas where underground lines, systems, or infrastructure are buried beneath the surface of […]
§ 87-117 – Definitions.
87-117. Definitions. The following definitions apply in this Article: (1) APWA. – The American Public Works Association or its successors. (1a) Board. – The Underground Damage Prevention Review Board. (2) Business continuation plan. – A plan that includes actions to be taken in an effort to provide uninterrupted service during catastrophic events. (3) Contract locator. […]
§ 87-118 – Reserve to the State the power to regulate.
87-118. Reserve to the State the power to regulate. The provisions in this Article supersede and preempt any ordinance adopted by a city or county that purports to do any of the following: (1) Require operators to obtain permits from a city or county in order to identify facilities. (2) Require premarking or marking of […]
§ 87-119 – Costs associated with compliance; effect of permit.
87-119. Costs associated with compliance; effect of permit. Any costs or expenses associated with an excavator’s compliance with the requirements of this Article shall not be charged to any operator. Any costs or expenses associated with an operator’s compliance with the requirements of this Article shall not be charged to any excavator. The Notification Center […]
§ 87-98.13 – Injunctive relief.
87-98.13. Injunctive relief. Upon violation of this Article, a rule adopted under this Article, or an order issued under this Article, the Secretary may, either before or after the institution of proceedings for the collection of any penalty imposed under this Article for the violation, request the Attorney General to institute a civil action in […]
§ 87-98.14 – Reciprocity.
87-98.14. Reciprocity. To the extent that other states provide for the licensing or certification of well contractors, the Commission shall permit those individuals who present valid proof of licensure or certification in good standing in one or more of those states to sit for examination for a license of the same or equivalent classification in […]