§24C-1-9. Civil Enforcement
(a) Any person who violates this article by failure to notify the one-call system, or who violates the rules proposed or promulgated under this article, shall be subject to civil penalty as follows: (1) For a first violation, the violator shall complete a course of training concerning compliance with this article as determined by the […]
§24C-1-10. Scope of Authority
Nothing in this article shall restrict or expand the jurisdiction of the Public Service Commission.
§24C-1-11. Underground Utilities to Be Locatable
All underground facilities owned by an operator that are installed on or after July 1, 2018, shall be installed in a manner that will make those underground facilities locatable using a generally accepted locating method.
§24C-1-4. Qualifications for Certification and Responsibilities of a One-Call System
(a) In order to qualify for certification as a one-call system under the provisions of this article, a one-call system shall be operated on a not-for-profit basis but may be operated by any one or more of the following: (1) A person who operates underground facilities;
§24C-1-5. Duties and Responsibilities of Excavators; Failure of Excavator to Comply; Civil Penalties
(a) Except as provided in section seven of this article, any person who intends to perform excavation or demolition work shall: (1) Not less than forty-eight hours, excluding Saturdays, Sundays and federal or state legal holidays, nor more than ten work days prior to the beginning of such work, notify the one-call system of the […]
§24C-1-6. Standard Color Code for Temporary Markings
Temporary marking provided by operators and excavators to indicate the approximate location of underground facilities and work site boundaries shall utilize the following color code per facility type: (1) WHITE: Proposed excavation.
§24C-1-7. Exceptions During Emergencies
(a) Compliance with the notification requirements of §24C-1-5 of this code is not required of any person engaging in excavation or demolition in the event of an emergency: Provided, That the person gives oral notification of the emergency work as soon as reasonably practicable to the one-call system. (b) During any emergency, excavation or demolition […]
§24C-1-8. Construction; Sovereign Immunity
(a) This article shall be liberally construed so as to effectuate the public policy set forth in section one of this article. (b) Nothing in this article may be construed as imposing liability upon a state agency from which the agency is otherwise immune.
§24C-1-1. Purpose
It is hereby declared to be the purpose and policy of the Legislature in enacting this article to enhance the safety of the citizens of this state and to provide increased protection to underground facilities from damage due to excavation or demolition by providing for the operation of a one-call system for use by operators […]
§24C-1-2. Definitions
As used in this article, unless the context clearly requires a different meaning: “Board” or “Underground Facilities Damage Prevention Board” means the Underground Facilities Damage Prevention Board created in this article. “Commission” or “Public Service Commission” means the Public Service Commission of West Virginia. “Damage” means any impact or contact with or weakening of the […]