§ 760. Definitions. When used in this article, the following terms shall have the following meanings. 1. “Person” means any individual, firm, corporation, association or partnership, cooperative association, joint venture, joint stock association, business trust, their lessees, trustees or receivers, governmental unit or public authority whether or not incorporated. 2. “Excavation” means an operation for […]
§ 761. One-call notification systems. 1. Participation. Every operator shall participate in and be responsible for the administration of a one-call notification system. Any other persons interested in protection of underground facilities may also participate in the system. 2. Duties. The system shall: a. Receive notices from excavators of proposed excavation and demolition activities and […]
§ 762. Duties of local governments. The local governments shall display in an appropriate location and provide a notice to each applicant for an excavation and demolition permit that informs them about their responsibilities under the law and regulations to protect underground facilities and the existence, operation and programs of the one-call notification system. Any […]
§ 763. Duties of operators. 1. Every operator shall participate in a one-call notification system. 2. Upon receipt of the notification provided for by this article either directly from the excavator or from the one-call notification system and pursuant to the rules and regulations adopted by the public service commission pursuant to section one hundred […]
§ 764. Duties of excavators. 1. No excavator shall commence or engage in any excavation or demolition unless and until timely notice is served of the location and date of the proposed excavation or demolition as provided in this article to operators who maintain underground facilities in the area in which the excavation or demolition […]
§ 765. Penalties and liabilities. 1. Civil penalties. a. Failure to comply with any provision of this article shall subject an excavator or an operator to a civil penalty of up to two thousand five hundred dollars for the first violation and up to an additional ten thousand dollars for each succeeding violation that occurs […]
§ 766. Rules and regulations. The public service commission shall adopt rules and regulations to implement and enforce the provisions of this article pursuant to section one hundred nineteen-b of the public service law.
§ 767. Separability. If any provision of this article or the application thereof to any person or circumstances is held invalid, the remainder of the article and the application of such provision to other persons or circumstance shall not be affected thereby.
