Page 10 - West Virgina 811 Magazine 2021 Issue 4

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F. Notwithstanding the provisions of subsection (e) of this section, such a member is not barred from recovery under subsection (e) for failure to comply with subdivision (1), subsection (d) of this section, but shall have his or her right to recover, if any, determined by common law, if the operator responded to one-call notification in
a timely manner, but was unable to accurately locate lines because such lines were nonmetallic and had no locating wire or other marker.
24C-1-4. Qualifications for Certification and Responsibilities of a One Call System.
A. In order to qualify for certification as a One Call System under the provisions of this article, a One Call System shall be operated on a not-for-profit basis but may be operated by anyone or more of the following:
(1) A person who operates underground facilities;
(2) A private contractor;
(3) A state or local government agency; or
(4) A person with is otherwise eligible under state or federal law to operate a One Call System.
B. A One Call System which complies with the requirements set forth in subsection (a) of this section shall
be certified by the public service commission for the area in which
it will conduct operations prior to commencing such operations: provided that any One Call System in operation prior to the first day of January, 1996, may not be required to be so certified. The public service commission shall certify a One Call System where
the public interest so require and when such system complies with the provisions of this article.
C. A One Call System operating under the provisions of this article shall:
(1) Receive and record information from excavators about intended excavation or demolition activities;
(2) Promptly transmit to its affected members the information received from excavators about intended excavation or demolition;
(3) Maintain a record of each notice of intent to engage in excavation or demolition. provided pursuant to the requirements of section five of this article;
(4) Upon receipt of notification of intended excavation or demolition from an excavator, inform the person making such notification of the names of all members having underground facilities in the vicinity of the intended work site; and
(5) Assign a serial number for each notification received from an excavator and provide that serial number to both the excavator and affected members.
§24C-1-5. Duties and Responsibilities of Excavators; Failure of Excavator to Comply.
A. Except as provided in section seven of this article, any person who intends to perform excavation or demolition work shall:
(1) Not less than 48 hours, excluding Saturdays, Sundays and legal federal
or state holidays, nor more than 10 workdays prior to the beginning of such work, notify the One Call System of the intended excavation or demolition and provide the following information:
(a) Name of the individual making the notification;
(b) Company name;
(c) Telephone number; (d) Company address;
(e) Work site location; including county, nearest city or town, street location. nearest cross street and landmarks or other location information;
(f) Work to be performed;
(g) Whether or not use of explosives is planned;
(h) Name and telephone number of individual to contact; and
(i) Starting date and time.
(2) Notify the One Call System not less than 24 hours, excluding Saturdays, Sundays and federal or state holidays, in advance of any change in the starling date or time of the intended work; and
(3) Instruct each such equipment operator involved in the intended work:
(a) To perform all excavation or demolition work in such as manner
as to avoid damage to underground facilities in the vicinity of the intended work site, including hand digging, when necessary;
(b) To report immediately any break or leak in underground facilities, or any dent, gouge, groove or other damage
to such facilities, made or discovered in the course of the excavation or demolition, and to allow the operator
a reasonable time to accomplish necessary repair before continuing the excavation or demolition in the immediate area of such facilities;
(c) To immediately alert the public at or near the work site as to any emergency created or discovered at or near such work site;
(d) {i} To report immediately to the appropriate medical, law enforcement and fire prevention authorities any break or leak in underground facilities, or any dent, gouge, groove or other damage to such facilities, made or in the course of the excavation or demolition which creates an “emergency’ as defined in subdivision (1), subsection (C), section two of this article. For purposes of
this subdivision, an excavator calling the “911” emergency telephone number satisfies this requirement;
(d) {ii} To notify the One Call System, within 24 hours, of any break or leak in underground facilities, or any dent, gouge, groove or other damage to such facilities, made or in the course of the excavation or demolition which does not create an “emergency” as defined in subdivision (1), subsection (c), section two of this article. limited by reason of this article.
(e) To maintain a clearance between each underground facility and the cutting edge or point of any powered equipment, taking into account the known limit of control of such culling edge or point, as may be reasonably necessary for the protection of such facility;
(f) To protect and preserve markers, stakes and other designations identifying the location of underground facilities at the work site; and
(g) To provide such support for underground facilities in the location of the work site, including during backfilling operations, as may be
8 • West Virginia 811
2021, Issue 4