Page 7 - West Virgina 811 Magazine 2021 Issue 3

West Virginia 811 is pleased to share the West Virginia 811 Excavator’s manual with you through a series of articles in our quarterly magazine. The manual has 15 Sections and in this issue, we will look at Sections 1 – 6.
Disclaimer of Liability
This manual has been prepared as an aid for anyone planning excavation
or other earth disturbance activities.
It is intended as a reference tool for interacting with the Miss Utility of West Virginia, Inc. (MUWV) One Call Center. Neither MUWV nor its vendor assumes any responsibility for the acts, omissions or conduct of any reader of this manual.
This manual is provided solely as a convenience for the person or persons requesting it, and it is not to be used
as a legal reference document. Persons seeking a legal reference document should contact their legal representative.
This manual does not have a copyright. MUWV recommends duplication of this manual, or additional copies may be obtained by writing:
Miss Utility of West Virginia, Inc. 5608 MacCorkle Ave., SW
South Charleston, WV 25309
The contents of this manual are subject to change without notice.
Section 1 – West Virginia Underground Facility Damage Prevention
Section 2 – Determining Who and When to Call
Section 3 – Responsibilities of The Facility Owner/Operator (After Receiving the Locate Request)
Section 4 – Responsibilities of the Excavator (After Making the Call)
Section 5 – Responsibilities of the One Call System (Miss Utility of West Virginia)
Section 6 – Guidelines for Preparing to Call
Section 7 – Fax-A-Locate
Section 8 – Email
Section 9 – Design Stage Ticket Request Section 10 – MUWV Website
Section 11 – Reporting Problems
Section 12 – Information Requests Section 13 – Governing Structure
Section 14 – Associate Membership Section 15 – West Virginia Chapter 24-C Exhibit Location Request Form
Section 1
West Virginia Underground Facility Damage Prevention
Effective July 15, 1996 (and
modified June 8, 2006) Chapter
24-C, Underground Facility Damage Prevention Act became law. This statute is an effort to provide for public and worker safety in West Virginia by providing certain requirements before excavation and/or demolition work can take place near underground facilities. The law makes it a requirement to notify the state One Call System before any excavation or demolition activities are done. The law now provides for monetary penalties for non-compliance. The law is reprinted in this manual
in its entirety for your reference and convenience (See Section XVI Chapter 24-C). This law is in addition to
OSHA Regulations, 1926.651 General Requirements, which state that prior to any earth disturbance, utility companies or owners shall be notified.
Furthermore, the following federal regulation mandates notification of the One Call System before beginning work near interstate pipelines:
Title 49 United States Code
A person shall be fined under Title
18, imprisoned for not more than five years, or both, if the person knowingly and willfully engages in an excavation activity without first using an available One Call Notification System to establish the location of underground facilities in the excavation area; or without paying attention to appropriate location information or markings
the operator of a pipeline facility establishes; and subsequently damages a pipeline facility that results in death, serious bodily harm, or actual damage to property of more than $50,000 or a hazardous liquid pipeline facility that results in the release of more than 50 barrels of product.
Section 2
Determining Who and When to Call
The state law provides for the certification and operation of a statewide One Call System. Miss
Utility of West Virginia, Inc. (MUWV), in operation since 1981, meets all requirements to function in this capacity. Its purpose is to receive notification of proposed excavation, demolition or other earth disturbing activities from persons planning to
do such work. MUWV will relay
this information to member owners/ operators of underground facilities
in order for them to determine the location of and mark their facilities. Damage to underground facilities is prevented, the general safety of the public is maintained and unnecessary lost time is avoided by the excavator.
MUWV can be contacted 24 hours a day, seven days a week by calling toll free 811 or 1-800-245-4848. Notification for routine tickets can also be made by fax, email or using MUWV provided software. Whenever possible, it is
best to call between 7AM and 5PM, Monday through Friday. Notification
of proposed excavation, demolition, or any other earth disturbing activities are required to be placed to MUWV not less than 48 business hours before any such work is to begin. A notification shall not be made more than 10 business working days in advance of the beginning of any such work due
to the possible deterioration of the locate markings. Failure to make the required notification may result in a misdemeanor and up to $5,000.00
in fines. The time requirements are exclusive of Saturdays, Sundays and legal holidays.
There are exemptions to making notification for certain types of excavation or demolition. They are:
• Underground or surface mining operations or related activities
• Tilling the soil for agricultural purposes and domestic gardening
• Routine maintenance of paved public roads by governmental entities where all work is done on the traveled portion of the paved public way and excavation depth is not more than 12 inches from the top of the pavement (While such work is not subject to the notification requirements of the law, care should be taken as liability may result from any damages resulting from such activities.)
It must be remembered that MUWV is not responsible for the actual marking of facilities. MUWV receives information from the excavator and
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2021, Issue 3 West Virginia 811 • 5