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 […]
Nothing in this article shall restrict or expand the jurisdiction of the Public Service Commission.
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.
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 […]
(a) There is hereby created an Underground Facilities Damage Prevention Board for the purpose of enforcing this article. (b) It is the intent of the Legislature that the board and its enforcement activities shall not be funded by appropriations from the state budget. All civil penalties imposed and collected by the board shall not revert […]
(a) There is hereby created an Underground Damage Prevention Fund to be administered and used by the Underground Damage Facilities Prevention Board for the purpose of carrying out its duties under this article. All sources of funds collected by the board under this article, including, but not limited to, grants, assessments, and civil penalties collected […]
(a) Each operator of an underground facility in this state shall be a member of a one-call system for the area in which the underground facility is located. (b) Each member shall provide the following information to the one-call system on forms developed and provided for that purpose by the one-call system: (1) The name […]
(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;
(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 […]
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.
(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 […]
(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.
(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 […]
