Page 9 - West Virgina 811 Magazine 2021 Issue 4
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telemetry, television, or other similar transmissions, and any facility used in connection with any of the foregoing facilities on bridge, a pole or other span, or on the surface of the ground, any appur10ance, device. cathodic protection system, conduit, protective casing or housing used in connection with any of the foregoing facilities: provided that “underground facility” does not include underground or surface coal mine operations.
M. “Workday” means any day except Saturday, Sunday or a federal or state legal holiday.
N. “Work site” means the location
of excavation or demolition work as described by an excavator, operator, or person or persons performing the work.
24C-1-3. Duties and Responsibilities of Operators of Underground Facilities; Failure of Operator to Comply.
A. Each operator of an underground facility in this state, except any privately owned public water utility regulated by the public service commission, any stale agency, any municipality or county, or any municipal or county agency, shall be a member of a One Call System for the area in which the underground facility is located. Privately owned
public water utilities regulated by
the public service commission, state agencies, municipalities and counties and municipal and county agencies may be voluntary members of such a One Call System.
B. Each member shall provide the following information to the One Call System on forms developed and provided for that purpose by the One Call System:
(1) The name of the member;
(2) The geographic location of the member’s underground facilities as prescribed by the One Call System; and
(3) The member’s office address and telephone number to which inquiries may be directed as to the locations of the operator’s underground facilities.
C. Each member shall revise in writing the information required by subsection (b) of this section as soon as reasonably practicable, but not to exceed 180 days, after any change.
D. Within 48 hours, excluding Saturdays, Sundays and legal federal or state holidays, after receipt of a notification by the One Call System from an excavator of a specific area where excavation or demolition
will be performed, the operator at underground facilities shall:
(1) Respond to such notification
by providing to the excavator the approximate location, within two feet horizontally from the outside walls of such facilities, and type of underground facilities at the site; and
(2) Use the color code prescribed
in section six of this article when providing temporary marking of the approximate location of underground facilities; or
(3) Notify the excavator that the operator did not leave a temporary marking of the location of underground facilities because there are no lines in the area of the proposed excavation or demolition.
E. Failure of an operator who is required to be a member to comply with the provisions of this article
may not prevent the excavator from proceeding but shall bar the operator from recovery of any costs associated with damage to its underground facilities resulting from such failure, except for damage caused by the willful or intentional act of the excavator.
CONTINUED ON PAGE 8
“Equipment operator” means any individual in physical control of powered equipment or explosives when being used to perform excavation work or demolition work.
2021, Issue 4
West Virginia 811 • 7


































































































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