§ 691. Short title
This chapter may be cited as “The Underground Facility Damage Prevention and Safety Act.”
§ 691a. Legislative intent
The Legislature declares it to be the policy of the Government of the Virgin Islands and the purpose of this chapter to aid the public by preventing injury to persons and property and preventing the interruption of services resulting from damage to an Underground Facility caused by excavation or demolition operations and to provide minimum […]
§ 691b. Definitions
As used in this chapter, unless the context clearly indicates otherwise: (a) “Tolerance Zone” means a strip of land not less than 18 inches on either side measured on a horizontal plane and from the outer edge of the exterior surface of the underground facility. (b) “Business Days” means any day other than business days, […]
§ 692. Notification Center Structure
(a) There is established within the Department of Public Works a single, comprehensive territorial one-call Notification Center to provide notice of all excavations or demolitions near Underground Facilities. (b) All Operators, as defined in this chapter, shall participate in and share in the costs of the territorial Notification Center established under this section of this […]
§ 693. Elements of the Notification
The Notification Center shall: (1) Operate in all areas of the territory containing underground facilities: (2) Receive and distribute advance notifications of excavations or demolitions to all member Underground Facility Operators for the purpose of marking underground facilities, except as provided by this chapter: (3) Develop and implement a public awareness/damage prevention program to educate […]
§ 694. Planned excavation; inquiry; time; marking area; identification number; notification of a member with underground facilities; records
(a) Except in an emergency, every person planning to conduct any excavation or demolition operation shall inform the Notification Center of the intended excavation at least 2 business days, but not more than 14 calendar days prior to commencing that excavation. (b) In addition to providing a clear description of the planned excavation area, when […]
§ 695. Marking Underground Facilities; noncompliance with requirement; records
(a) Any Operator of a Underground Facility who receives timely notification of any Proposed Excavation Work in accordance with section 694 of this chapter shall, within 2 business days after that notification, or before the indicated start of the excavation work, whichever is later, or at a later time mutually agreeable to the Operator and […]
§ 696. Excavating near underground facilities
When excavating within the Tolerance Zone, the excavator shall do all of the following: (1) Plan the excavation to avoid damage to. or minimize interference with the underground facilities in and near the construction area; (2) Determine the exact location of any marked Underground Facility using non-invasive methods of excavation. Methods to consider include hand […]
§ 697. Project engineer’s responsibility; design requests
(a) Any person may submit a Design Locate Request to the Notification Center. The Design Locate Request must: (1) Describe the tract or parcel of land for which the Design Locale Request has been submitted, with sufficient particularity, as defined by policies developed and promulgated by the Notification Center, to enable the facility Operator to […]
§ 698. Permit validity contingent on compliance
Before commencing any excavation activity, an Inquiry Identification Number issued by the Notification Center must be provided to the Department of Planning and Natural Resources. No permit to excavate issued by a government agency is valid unless the excavator has also provided an Inquiry Identification Number issued by the Notification Center to the Department of […]
§ 698a. Government agencies
The requirements of this chapter apply to government agencies that own or operate underground facilities or that perform excavation or demolition, with the exception of underground emergency repair to traffic control devices used on any street or highway under the agency’s jurisdiction. The government agency shall notify the Notification Center of the emergency repair site […]
§ 699. Violations; penalties; other remedies; government immunity; actions
(a) Any person who violates the requirements of this chapter: (1) On the first offense, receives a written warning notification or complete a damage prevention education program provided by the Notification Center. (2) On the second offense within a 12-month period, is subject to a civil penalty for a minimum of $250 and required to […]
§ 699b. Liability; damages
(a) Whenever a person has violated, intends to violate, or will violate any provision of this chapter, the Attorney General or any person may institute a civil court action for injunctive relief. (b) If any Underground Facility is damaged as a proximate result of a excavator’s failure to comply with the provisions of this chapter, […]
§ 699c. Negligence per se
Violation of this chapter by an excavator or Operator constitutes negligence per se.
§ 699d. Alternative dispute resolution
The Notification Center shall establish a voluntary alternative dispute resolution program in consultation with its members and all affected parties. The alternative dispute resolution program must be available to all Operators, excavators, and other interested parties regarding disputes arising from damage to underground facilities including but not limited to, any cost or damage incurred by […]
§ 699e. Exemption and exceptions
This chapter does not apply to any individual, private owner of real properly who excavates on the property, not requiring a permit issued by a government agency, and not bordering on public rights-of-way. This exemption does not apply to a contractor or any other professional hired to perform the excavation. This chapter does not apply […]
§ 699f. Non-delegable duty
An Operator or excavator subject to performance of duties imposed by this chapter may not delegate his responsibilities to any other person or related entity for those duties imposed by this chapter.