Page 8 - West Virgina 811 Magazine 2021 Issue 4

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requires a different meaning:
A. “Damage” means any impact or contact with or weakening of the support for an underground facility,
its appurtenances, protective casing, coating or housing, which, according to the operation practices of the operator or state or federal regulation, requires repair.
B. “Demolish” or “demolition” means any operation by which a structure
or mass of material is wrecked, razed, rendered, moved, or removed by means of any tools, equipment or discharge
of explosives which could damage underground facilities: provided that “demolish” and “demolition” do not include earth-disturbing activities authorized pursuant to the provisions of article three, chapter twenty-two of this code or article two, chapter twenty- two-a of this code.
C. “Emergency” means:
(1) A condition constituting a clear
and present danger to life, health or property by reason of escaping toxic, corrosive or explosive product, oil or oil-gas or natural gas hydrocarbon product, exposed wires or other breaks or defects in an underground facility; or
(2) A condition that requires immediate correction to assure continuity of services provided by or through an underground facility.
D. “Equipment operator” means any individual in physical control of powered equipment or explosives when being used to perform excavation work or demolition work.
E. “Excavate” or “excavation” means any operation in which earth, rock
or other material in the ground is moves, removed or otherwise displaced by means of any tools, equipment
or explosives, and includes, without limitation, grading, trenching, digging, ditching, dredging, drilling, auguring, tunneling, moleing, scraping, cable or pipe plowing and driving, wrecking, razing, rendering moving or removing any structure or mass of material,
but does not include underground or surface mining operations or related activities or the tiling of soil for agricultural purposes or for domestic gardening. Further, for purposes of this article, the terms “excavate” and “excavation” do not include routine maintenance of paved public roads or highways by employees of state, county
or municipal entities or authorities which:
(1) Perform all work within the confines of the traveled portion of the paved public way; and
(2) Do not excavate to a depth greater than 12 inches measured from the top of the paved road surface.
F. “Excavator” means any person intending to engage or engaged in excavation or demolition work.
G. “Member” means a member of a One Call System as authorized by this article.
H. “One Call System” means a communication system that receives notification from excavators of intended excavation work and prepares and transmits such notification to operators of underground facilities in accordance with this article.
I. “Operator” means any person who owns or operates an underground facility used in the providing or transmission of any of the goods or services described in subsection (1) of this section.
J. “Person” means any individual, firm, join venture, partnership. corporation, association, state agency, county. municipality. Cooperative association or joint stock association, and any trustee, receiver, assignee, agency or personal representative thereof.
K. “Powered equipment” means any equipment energized by an engine, motor or hydraulic, pneumatic or electrical device and used in excavation or demolition work.
L. “Underground facility” means any underground pipeline facility, owned by a utility and regulated by the public service commission, which is used
in the transportation or distribution
of gas, oil or a hazardous liquid; any underground pipeline facility, owned by a company subject to the jurisdiction
of the Federal Energy Regulatory Commission, which is used in the gathering, transportation or distribution of gas, oil or a hazardous liquid; any underground facility used as a water main. storm sewer. sanitary sewer or steam line; any underground facility used for electrical power transmission or distribution; any underground
cable, conductor, waveguide, glass
fiber or facility used to transport telecommunications, optical, radio,
dig-up notifications. Voice recordings are kept for a five-year period. A hard copy printout of each message is also maintained for a period of seven years. In the event a contractor or a facility owner/operator is involved in a legal action, MUWV can be of assistance in providing copies of these records. In some cases, there may be a fee charged for record retrieval. MUWV employs various methods of searching for these records. The most efficient method of retrieving a file is through the use of the “locate request” serial number.
Section 13
Governing Structure
Miss Utility of West Virginia, Inc. (MUWV) is a not-for-profit corporation incorporated under the Statutes of the State of West Virginia. Membership
is open to all owners/operators of underground facilities who agree
to abide by MUWV’s Articles of Incorporation, By-Laws and Operating Agreement with the One Call Center vendor.
Section 14
Associate Membership
Excavators, locating services and other parties who share the goals of MUWV may join as Associate Members for a nominal fee. Information on Associate Membership may be obtained by contacting:
Miss Utility of West Virginia, Inc. 206 Berkley Street
Charleston, WV 25302
(304) 345-3959
Section 15
Chapter 24C. Underground Facilities Damage Prevention.
ARTICLE 1. ONE CALL SYSTEM.
24C-1-1. Purpose. 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 and by persons engaged in excavation or demolition in the vicinity of underground facilities.
24C-1-2. Definitions. As used in this chapter, unless the context clearly
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