§269E-1 Administration. This chapter shall be administered by the public utilities commission and the provisions of this chapter and of chapter 269, not inconsistent with this chapter, shall govern its administration; provided that sections 269-7.5, 269-8.2, 269-8.5, 269-9, 269-16 to 269-28, 269-30, 269-31, 269-34 to 269-43, and 269-71 to 269-111 shall not, in any respect, […]
§269E-10 Commencement of excavation. The center shall not prohibit an excavator from beginning excavation work: (1) After receiving notice that all affected operators have fulfilled the requirements of section 269E-9; or (2) Five working days after the excavator provides notice of the excavation to the center pursuant to section 269E-7(a); provided that this subsection shall […]
§269E-11 Remarking of operator’s subsurface installation. (a) The excavator shall take reasonable care to maintain an operator’s field markings. (b) If at any time during an excavation for which there is a valid inquiry identification number an operator’s field markings are no longer reasonably visible, the excavator shall shut down the excavation and contact the […]
§269E-12 Excavation procedures. (a) The excavator shall exercise reasonable care when excavating in the vicinity of a subsurface installation. (b) Before using any power-operated or power-driven excavating equipment, the excavator shall determine the exact location of subsurface installations in conflict with the excavation by first excavating down to the depth of the excavation with the […]
§269E-13 Excavation permits. Prior to conducting an excavation, the excavator shall obtain all necessary permits from the appropriate agency or agencies pursuant to the laws, rules, regulations, procedures, and requirements governing the issuance of such permits. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
§269E-14 Penalties. (a) An action for the enforcement of penalties pursuant to this chapter shall be brought before the commission by the State, county, excavator, or any operator. (b) Any excavator or operator who negligently violates, neglects, or fails in any particular instance to conform to or comply with any requirement of this chapter or […]
§269E-15 Hearings. (a) All hearings, investigations, and proceedings shall be governed by this section, chapter 91, and by rules of practice and procedure adopted by the commission, and in the conduct thereof, the technical rules of evidence need not be applied. No informality in any hearing, investigation, or proceeding, or in the manner of taking […]
§269E-16 Reconsideration and rehearings. After any order or decision has been made by the public utilities commission, any party to the proceeding may apply once for reconsideration or a rehearing in respect to any matter determined in the proceeding and specified in the motion for reconsideration or rehearing. The motion for reconsideration or a rehearing […]
§269E-17 Appeals. From the order made on an application for reconsideration or rehearing by the public utilities commission under this chapter, an appeal shall lie in the manner provided in section 269-15.5. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
§269E-2 Definitions. As used in this [chapter], unless the context clearly requires otherwise: “Agency” means any state or county department, commission, board, bureau, office, or other establishment of the state or county government or semi-autonomous part thereof. “Approximate location of subsurface installation” means a strip of land not more than thirty inches on either side […]
§269E-3 General duties and powers of the commission. The general duties and powers of the commission shall be to: (1) Establish and administer a one call center that provides advance warning to excavators in this State of the location of subsurface installations in the area of an excavation for the purpose of protecting those installations […]
§269E-4 One call center advisory committee. (a) The commission shall establish a one call center advisory committee as a governmental entity as defined under chapter 662D to advise the commission in implementing this chapter. The committee shall consist of seventeen voting members and one ex officio[,] nonvoting member. Of the voting members: (1) Eleven shall […]
§269E-5 One call center established. (a) By January 1, 2006, the commission shall establish and begin administration of a one call center that provides advance warning to excavators in this State of the location of subsurface installations in the area of an excavation for the purpose of protecting those installations from damage. In establishing the […]
§269E-6 One call center financing. (a) To finance the establishment and operation of the center and the administrative costs of the commission, operators shall pay to the commission a fee in an amount and at a schedule determined by the commission. The commission may also assess fees on excavators. All fees paid by operators and […]
§269E-7 Notification of excavation; inquiry identification number. (a) Except in an emergency, every excavator planning to conduct an excavation on public or private property shall notify the center of the excavation at least five working days but not more than twenty-eight calendar days prior to commencing excavation. The excavator shall provide to the center a […]
§269E-8 Marking of excavation site. (a) The excavator shall delineate the area to be excavated with white spray chalk or other suitable markings prior to calling the center. The excavator shall indicate the entire dimension of the excavation by known industrial practices and display the excavator’s name, abbreviations, or initials next to or in the […]
§269E-9 Identification of subsurface installations by operator. (a) Any operator who receives timely notification from the center of any proposed excavation work pursuant to section 269E-7(b) shall within five working days of that notification or before the start of the excavation work, whichever is later, or at a later time mutually agreeable to the operator […]
