CHAPTER Puc 800 UNDERGROUND
UTILITY DAMAGE PREVENTION PROGRAM
Statutory Authority: RSA 374:50
PART Puc 801 APPLICATION
OF RULES
Puc 801.01 Purpose.
(a) The purpose of Puc
800 is to protect the public, operators, and excavators from physical
harm, damages and interrupted service resulting from damage to underground
facilities.
(b) Puc
800 establishes procedures and requirements relative to:
(1) Minimum requirements
for the operation of the system, including notification procedures;
(2) The investigation
of complaints;
(3) Emergency situations
for which notice of excavation is not required;
(4) The prevention
of damage relating to underground facilities;
(5) Enforcement;
and
(6) Record keeping.
Source. #2050, eff 6-13-82; ss
by #2912, eff 11-26-84, EXPIRED: 11-26-90
New. #5616,
eff 4-20-93, EXPIRED: 4-20-99
New. #7259,
INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss
by #7350, eff 8-23-00
Puc 801.02 Application.
(a) Each operator, as defined
in Puc 802.10, shall:
(1) Comply with Puc
800 and RSA 374:48-56; and
(2) Maintain membership with the notification
center.
(b) Any person, including
any person who owns or operates an underground facility in New Hampshire
but who is not an operator, as defined in Puc
802.09, may become a member of the notification center.
(c) Any member of the notification
center who is not an operator but who owns or operates an underground
facility shall comply with Puc 800.
Source. #7350, eff 8-23-00
PART Puc
802 DEFINITIONS
Puc 802.01 "Commission" means "commission"
as defined in RSA 374:48, I, namely, "the public utilities commission."
Source. #2050, eff 6-13-82; ss
by #2912, eff 11-26-84, EXPIRED: 11-26-90
New. #5616, eff 4-20-93, EXPIRED:
4-20-99
New. #7259, INTERIM, eff 5-2-00,
EXPIRES: 8-30-00; ss by #7350, eff 8-23-00
Puc 802.02 "Damage" means any impact or exposure that results
in the need to repair an underground facility due to the weakening
or the partial or complete destruction of the underground facility,
including, but not limited to, the protective coating, lateral support,
corrosion control, or the housing for the line, device, or underground
facility.
Source. #7350, eff 8-23-00
Puc 802.03 "Emergency situation" means a sudden or unexpected
occurrence involving a clear and imminent danger demanding immediate
action to prevent or mitigate loss of, or damage to, life, health,
property, or essential public services.
Source. #7350, eff 8-23-00
Puc 802.04 "Excavation" means "excavation"
as defined in RSA 374:48, III, namely, "any operation conducted on
private property or in a public way, right-of-way, easement, public
street, or other public place, in which earth, rock, or other material
in the ground is moved, removed, or otherwise displaced by means of
any tools, equipment, or explosive, and includes but is not limited
to drilling, grading, boring, milling, trenching, tunneling, scraping,
tree and root removal, cable or pipe plowing, fence or sign post installation,
pile driving, wrecking, razing, rending or moving any structure or
mass material, but does not include the tilling of soil for agricultural
purposes, landscaping and maintenance of residential property
performed with non-mechanized equipment, landscaping activities performed
with mechanized equipment that are intended to cut vegetation, including
lawn edging, aeration, and de-thatching, excavations permitted or
grand fathered under RSA 155-E, or replacement of department-of-transportation-installed
delineator posts in the same location."
Source. #7350, eff 8-23-00; ss
by #7900, eff 5-29-03
Puc 802.05 "Excavator" means "excavator"
as defined in RSA 374:48, IV, namely, "any person performing an excavation."
Source. #7350, eff 8-23-00
Puc 802.06 "Extraordinary circumstances" means events or
conditions other than normal operating conditions which exist and
make it significantly impractical or impossible for an underground
facility owner or member owning and/or operating an underground facility
to comply with the provisions of Puc 800, including, but not limited to, hurricanes, tornadoes,
floods, ice or snow, and acts of God.
Source. #7350, eff 8-23-00
Puc 802.07 "Hand digging" means any excavation involving
non-mechanized tools or equipment and includes, but is not limited
to, digging with shovels, picks, and manual post hole diggers.
Source. #7350, eff 8-23-00
Puc 802.08 "NOPV" means notice of probable
violation.
Source. #7350, eff 8-23-00
Puc 802.09 "NOV" means notice of violation.
Source. #7350, eff 8-23-00
Puc 802.10 "Notification center" means the entity that performs
the primary function of the system, is open to all operators within
the state of New Hampshire, maintains a data base of its members and
operators and the specific geographic areas in which each of its members
and operators desires to receive notice of proposed excavation, and
which has the capability to transmit notices of proposed excavation
to its members and operators by teletype, telecopy, personal computer,
telephone, or other comparable means.
Source. #7350, eff 8-23-00
Puc 802.11 "Operator" means "operator" as defined in RSA
374:48, IV-a, namely, "any public utility as defined in RSA 362:2
or RSA 362:4 and any cable television system as defined in RSA 53-C:1,
that owns or operates an underground facility." The term also includes
operators of liquefied petroleum or LP systems.
Source. #7350, eff 8-23-00; ss
by #7900, eff 5-29-03
Puc 802.12 "Person" means "person" as
defined in RSA 374:48, V, namely, "any individual, trust, firm, joint
stock company, corporation (including a government corporation), partnership,
association, state, municipality, commission, United States government
or any agency thereof, political subdivision of the state, or any
interstate body."
Source. #7350, eff 8-23-00
Puc 802.13 "Premark" means identifying the perimeter of the
proposed site of an excavation by marking the perimeter in an appropriate
manner in white paint, stakes or other suitable white markings on
non-paved surfaces.
Source. #7350, eff 8-23-00
Puc 802.14 "System" means "system" as
defined in RSA 374:48, I, namely, "the underground utility damage
prevention system referred to in RSA 374:49".
Source. #7350, eff 8-23-00
Puc 802.15 "Tolerance zone" means an area surrounding an
underground facility which is 36 inches wide, measured horizontally
and equidistant from the centerline of the underground facility, plus
the width of the underground facility itself.
Source. #7350, eff 8-23-00
Puc 802.16 "Underground facility" means "underground
facility" as defined in RSA 374:48, VII, namely, "any private
property or property which is buried, placed below ground, or submerged
on a public way, right-of-way, easement, public street, or other public
place and is being used or will be used for the conveyance of cable
television, electricity, gas, sewerage, steam, telecommunications
or water."
Source. #7350, eff 8-23-00; ss
by #7900, eff 5-29-03
PART Puc 803 SYSTEM REQUIREMENTS
Puc 803.01 Procedures and Operation of Notification Center.
(a) The system shall operate a notification
center, as contemplated by RSA 374:49.
(b) The notification center required by (a)
above shall:
(1) Receive notification from excavators
about intended excavation activities;
(2) Provide to excavators who give
notice of an intent to engage in an excavation activity the names
of potentially affected operators and members owning or operating
underground facilities to whom the notification center shall transmit
notice;
(3) Promptly transmit to potentially
affected operators and members the information received from excavators
about intended excavation activities;
(4) Provide the excavator at the
time of initial contact a registration number confirming the notification
of intended excavation activity;
(5) Create a record, which shall
include the material included in (6) below, of each notification of
intent to engage in an excavation activity and related communication;
(6) Create, pursuant to (5) above,
a record of each proposed excavation, including the following:
a. The name of the person
notifying the notification center;
b. The name, address and
telephone number of the excavator;
c. The specific location,
starting date, and description of the intended excavation activity;
d. The name(s) of any sub-contractor
or other person or entity who the excavator indicates may excavate
at the intended excavation site on behalf of the excavator making
the notification;
e. The date and time of the
notification;
f. The confirmation or registration
number ;
g. The identity of potentially
affected members and operators that the notification center contacts
to inform of the intended excavation activity;
h. The date and time the
notification center transmitted notice of the intended excavation
activity to each potentially affected member and operator; and
i. As to any material follow-up communication relating to
the proposed excavation activity directed to the communications center:
1. The party or parties
involved in the communication;
2. The content of
the communication;
3. The date and time
of the communication; and
4. The date, time
and recipient of any transmittal of the communication; and
(7) Maintain the record required
to be kept by (5) and (6) above for a period of a minimum of 3 years
from the date of the last communication.
(c) The current toll-free telephone number
of the notification center for reporting proposed excavations and
otherwise communicating with the notification center shall be, "1-888-DIG-SAFE",
which is, 1-888-344-7233.
(d) Operators and members of the notification
center shall use communications equipment that shall be compatible
with the notification center.
(e) The notification center shall develop
and implement procedures and utilize communication equipment which
are adequate to acknowledge calls within 20 seconds.
(f) The notification center shall staff its
operation a minimum of 10 hours each day, 5 days each week, excluding
Saturdays, Sundays, and legal New Hampshire holidays, to respond to
both routine and emergency calls.
(g) During the hours that the notification
center is not operated by staff, the notification center shall provide
at a minimum for an answering service capable of responding to an
emergency notification request 24 hours per day, 7 days per week.
(h) The training provided by the notification
center shall direct the public to make emergency calls to 911.
(i) The notification center shall be capable of responding
to a request for emergency notification and shall transmit the information
as provided in (i)(3) below.
(j) The notification center shall transmit
information as follows:
(1) Notices of proposed excavation
activities to potentially affected members and operators by 5:00 p.m.
on the date of receipt;.
(2) Routine messages by 5:00 p.m.
on the date of receipt; and
(3) Messages relating to emergency
situations, as described in Puc 804.03,
to any potentially affected member, operator or excavator, as applicable,
as soon as possible, but not later than 10 minutes following receipt.
Source. #2050, eff 6-13-82; ss
by #2912, eff 11-26-84, EXPIRED: 11-26-90
New. #5616, eff 4-20-93, EXPIRED:
4-20-99
New. #7259, INTERIM, eff 5-2-00,
EXPIRES: 8-30-00; ss by #7350, eff 8-23-00
Puc 803.02 Education and Training.
(a) The notification center shall assure
that the toll-free telephone number shall be prominently displayed
in telephone directories state-wide.
(b) The notification center shall:
(1) Make available literature describing
the notification center;
(2) Assure the distribution of such
literature to the public; and
(3) Make such literature available
for purchase and distribution by requesting parties.
(c) The notification center shall, upon request,
provide training to its members regarding the operations of the notification
center.
(d) The notification center shall provide
all members and interested persons with a brochure explaining the
notification center's objectives, procedural guidelines and opportunities
for member participation.
(e) Any operator who owns and/or operates
an underground facility used in the transportation of gas or hazardous
liquids and subject to the pipeline safety laws, 49 U.S.C. 60101,
shall:
(1) Maintain a current list of the
names and contact information of persons who normally engage in excavation
activities in the area in which any underground facility used in the
transportation of gas or hazardous liquids and subject to the pipeline
safety laws, 49 U.S.C. 60101, owned by that operator is located;
(2) Notify the public in the vicinity
of any underground facility used in the transportation of gas or hazardous
liquids subject to the pipeline safety laws, 49 U.S.C. 60101 owned
by that operator; and
(3) Notify persons who normally excavate
in the area in which an underground facility used in the transportation
of gas or hazardous liquids subject to the pipeline safety laws, 49
U.S.C. 60101 owned by that operator, as often as needed to make them
aware of the notification center, including:
a. The notification center's
existence and purpose; and
b. How to learn the location
of underground facilities before excavation activities are begun.
(f) An affected operator may complete the
notification required by (e)(2) above by:
(1) Distributing fliers;
(2) Informational mailings;
(3) Placing line markers;
(4) Signage; and/or
(5) Other reasonable public education
outreach consistent with (1) through (4) above.
(g) An affected operator may complete the
notification required by (e)(3) above by means including but not limited
to distributing informational mailings and/or conducting informational
sessions.
Source. #2050, eff 6-13-82; ss
by #2912, eff 11-26-84, EXPIRED: 11-26-90
New. #5616, eff 4-20-93, EXPIRED:
4-20-99
New. #7259, INTERIM, eff 5-2-00,
EXPIRES: 8-30-00; ss by #7350, eff 8-23-00
PART Puc
804 DUTIES OF OPERATORS
Puc 804.01 Reporting Requirements
for Operators of Underground Facilities.
(a) Each operator shall
file monthly, including any month in which there are no violations
to report, with the commission, on or before the 15th day
of the following month, written reports of probable violations of
Puc 800, damage to underground facilities,
or both.
(b) Each operator shall
file reports required by (a) above on Form E-26.
(c) Each operator shall
include the following in Form E-26:
(1) The date the
incident was reported;
(2) The date the
incident occurred;
(3) The name and
address of the person reporting;
(4) The reporter's
name and phone number;
(5) The location
of the damage, violation, or both;
(6) A description
of the property damaged, if any;
(7) A description
of the facility, including:
a. Details of the facility such as
the type, size, material, pressure, voltage, or both; and
b. Type of facility by ownership,
such as, customer-owned, municipal-owned or utility-owned.
(8) A description
of damage to the facility, if any;
(9) Cost estimate
of damage, if any, and whether the excavator has been billed;
(10) A description
of personal injuries, if any;
(11) The excavator's
name, address, and phone number;
(12) The excavator's
employer, if applicable;
(13) A description
of the incident;
(14) The type of
marking used at the location, if any;
(15) Details fully
describing whether:
a. The situation
was an emergency;
b. The notification
procedure was or was not followed as prescribed;
c. The notification
was completed and, if so, provide the registration number and date
of notification;
d. The notification
was completed and the location was not premarked;
e. The notification
was completed and the location was not marked;
f. The notification
was completed but markings were not maintained;
g. The notification
was completed, the location was marked, but markings were incorrect;
h. The notification
was completed and the location was marked but damage occurred; and
i. The notification procedures were not followed and damaged
occurred.
(d) If there are no reportable incidents
during a month the operator shall file a one page notification report
using Form E-26, on or before the 15th day of the following
month, identifying the owner or operator and stating that no reportable
incident of damage or a violation occurred during the month.
(e) The operator shall send
the reporting form required by this section to the New Hampshire public
utilities commission, safety division, at its mailing address as provided
on the E-26 form or by electronic mailto: puc@puc.state.nh.us
Source. #2912, eff 11-26-84, EXPIRED:
11-26-90
New. #5616,
eff 4-20-93, EXPIRED: 4-20-99
New. #7259,
INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss
by #7350, eff 8-23-00; ss by #7900, eff 5-29-03
Puc 804.02 Notification Requirements.
(a) Any operator who owns,
operates, or both, an underground facility used in the transportation
of gas or hazardous liquids and subject to the pipeline safety laws,
49 U.S.C. 60101, shall:
(1) Maintain a current list of the
names and contact information of persons who normally engage in excavation
activities in the area in which any underground facility used in the
transportation of gas or hazardous liquids and subject to the pipeline
safety laws, 49 U.S.C. 60101, owned by that operator is located;
(2) Notify abutters
of the existence of an underground facility used in the transportation
of gas or hazardous liquids subject to the pipeline safety laws, 49
U.S.C. 60101, owned by that operator; and
(3) Notify persons
who normally excavate in the area in which an underground facility
used in the transportation of gas or hazardous liquids subject to
the pipeline safety laws, 49 U.S.C. 60101 owned by that operator,
as often as needed to make them aware of the notification center,
including:
a. The notification
center's existence and purpose; and
b. How to
learn the location of underground facilities before excavation activities
begin.
(b) An affected operator
may complete the notification required by Puc
803.02(e)(2) above by:
(1) Distributing
fliers;
(2) Informational
mailings
(3) Placing line
markers;
(4) Signage; or
(5) Other reasonable
public education outreach consistent.
(c) An affected operator
may complete the notification required by Puc
803.02(e)(3) above by means including but not limited to distributing
informational mailings, conducting informational sessions, or both.
(d) An operator who participates
in an underground utility damage prevention system shall not be required
to locate underground facilities not owned by the operator. Underground
facilities which the owner shall not be required to locate shall include,
but shall not be limited to, facilities running from a house to a
garage or other outbuilding.
Source. #2050, eff 6-13-82; ss
by #2912, eff 11-26-84, EXPIRED: 11-26-90
New. #5616,
eff 4-20-93, EXPIRED: 4-20-99
New. #7259,
INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss
by #7350, eff 8-23-00; ss by #7900, eff 5-29-03
PART Puc
805 DUTIES OF AN EXCAVATOR
Puc 805.01 Notification Required Prior to Excavation.
(a) Excavators shall, pursuant
to RSA 374:51, notify the notification center:
(1) Not less than 72 hours prior to
a proposed excavation, not including Saturdays, Sundays and legal
holidays; and
(2) Not more than
30 days prior to a proposed excavation is to be made.
(b) The excavator's notification,
required by (a) above, shall be valid for 30 calendar days from the
date and time the notification center confirms the notification.
(c) When an excavator contacts
the notification center as described in (a) above, it shall provide
the following:
(1) The name of
the person notifying the notification center;
(2) The name, address
and telephone number of the excavator;
(3) The name of each sub-contractor
or other person or entity who might excavate at the intended excavation
site on behalf of the excavator making the notification; and
(4) The specific location, starting
date, and description of the intended excavation activity.
(d) Prior to complying with
the notification requirements of RSA 374:51, II and (a) above, an
excavator shall, pursuant to RSA 374:51, IV, premark
the area of proposed excavation by identifying the perimeter of the
proposed site of the excavation.
(e) The excavator shall
premark in a way that does not interfere
with traffic or pedestrian control and is not misleading to the general
public.
(f) An excavator shall not
be required to premark any continuous excavation that is over 100 feet in
length, or any pole replacement that is within 5 feet of an existing
location.
(g) If an excavation is
over 100 feet in length or a pole replacement is within 5 feet of
an existing location, the excavator shall communicate the perimeter
of the excavation to any potentially affected operator, member of
the notification center who owns or operates an underground facility,
or both by:
(1) Providing a
detailed description of the site area;
(2) Providing detailed
construction plans;
(3) Holding an on-site
meeting with potentially affected operators; or
(4) Providing other
suitable means of communicating the perimeter of the excavation to
any potentially affected operator, member, or both, of the notification
center who owns or operates an underground facility.
(h) Once an owner or operator
of an underground facility has marked the location of its underground
facility in the area of an excavation, pursuant to RSA 374:53 and
Puc 805.02, the excavator, and any subcontractor,
employee or agent of the excavator performing work on behalf of the
excavator at the site, shall be responsible for maintaining the markings
during the excavation.
(i) No person or entity not an employee of the excavator shall
excavate on behalf of an excavator as a subcontractor or otherwise
without separately complying with the notification requirements of
this section, unless the excavator has notified the notification center
of the identity of that person or entity as provided in (c)(3) above.
(j) A subcontractor of the
excavator or other entity may excavate pursuant to the excavator's
notification to the notification center if the subcontractor or entity:
(1) Performs excavation
at the location specified in the notification;
(2) Has a contract
to perform this excavation with the excavator;
(3) Does the excavation
work specified in the notification;
(4) Is listed with
the notification center, as provided in (c) (3) above; and
(5) Otherwise complies
with Puc 800, RSA 374:48-56 and other applicable
law.
(k) No person shall misuse the intent of the notification
center by making a request for marking of an underground facility
for other than excavating activities, such as for conducting an engineering
design without intending to excavate at the site in question within
30 days.
Source. #5616, eff
4-20-93, EXPIRED: 4-20-99
New. #7259,
INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss
by #7350, eff 8-23-00; ss by #7900, eff 5-29-03
Puc 805.02 Excavation That Affects the Tolerance Zone.
(a) Any person conducting
excavation activity that affects the tolerance zone surrounding an
underground facility shall exercise at all times such reasonable care
as is necessary to protect the underground facility from damage.
(b) Except as provided in
(c) below, in order to locate and identify an underground facility,
the excavator shall excavate by methods limited to:
(1) Hand digging
(2) Pot holing;
(3) Soft digging;
(4) Vacuum excavation
(5) Other mechanical methods with
the approval of the underground facility owner or operator; or
(6) Other methods
accepted in the industry consistent with the alternatives listed in
(1) through (5) above, which clearly will not affect the integrity
of the underground facility.
(c) For pavement removal
an excavator shall not be limited to hand digging and the other non-invasive
methods cited in (b) above.
(d) For parallel type excavations,
such as excavation along an existing underground facility at an approximately
equal distance when measured periodically, the excavator shall expose
the existing underground facility at intervals as often as necessary
to avoid damage.
Source. #5616, eff
4-20-93, EXPIRED: 4-20-99
New. #7259,
INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss
by #7350, eff 8-23-00; ss by #7900, eff 5-29-03
Puc 805.03 Emergency Situations.
(a) If necessary to respond
in an emergency situation, an excavator may begin an excavation without
notifying the notification center prior to excavation as required
by Puc 804.01, but shall notify the notification
center at the earliest practicable moment.
(b) In notifying the notification
center of excavation or intended excavation in an emergency situation,
the excavator shall specifically identify the dangerous condition
involved.
(c) While an excavator who
excavates in an emergency situation shall not be liable on that basis
for a failure to notify the notification center as required by Puc
804.01, nothing in this section shall relieve the excavator from liability
if:
(1) The excavator damages an underground
facility which has been properly marked or which has not been marked;
and
(2) The excavation does not qualify
as an emergency excavation.
(d) No excavator shall indicate
to the notification center or to an operator or member of the notification
center that owns or operates an underground facility that an event
constitutes an emergency situation unless the excavator believes in
good faith that the circumstances do constitute an emergency situation.
(e) If the parties request,
pursuant to Puc 200, a determination by the commission as whether a situation
is, or was, an emergency situation, the commission shall make such
a determination based on a review of the facts of the situation and
the definition of emergency situation.
Source. #5616,
eff 4-20-93, EXPIRED: 4-20-99
New. #7259,
INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss
by #7350, eff 8-23-00; ss by #7900, eff 5-29-03
PART Puc
806 MARKING THE TOLERANCE ZONE
Puc 806.01 Tolerance Zone.
(a) An operator shall use
one of the following marking methods to mark the tolerance zone of
an underground facility:
(1) The corridor
marking method which shall be the practice of placing markers at either
boundary of the tolerance zone, such that the markers will be 18 inches
plus one-half the width of the facility away from the facility centerline;
(2) The centerline
marking method which shall be the practice of placing markers directly
over the centerline of the facility establishing boundaries at points
located 18 inches plus one-half the width of the facility from the
markers; or
(3) The offset marking
method which shall be the practice of locating the centerline of the
facility and placing markers at locations which parallel the facility.
(b) Any operator shall use
the offset marking method only when it is impractical to use either
the corridor or centerline methods, such as in marking in the traveled
portion of an unpaved roadway.
(c) When marking an underground
facility an operator shall mark the underground facility consistent
with the color code for the utility type of the underground facility,
as set forth in Puc 806.02.
(d) In the event an operator
maintains 2 or more underground facilities in close proximity to each
other within the area of the proposed excavation activity, and the
corridor marking method is to be applied, the operator may mark one
tolerance zone.
(e) When an operator marks
2 or more underground facilities as described in (d) above:
(1) The operator
shall establish the boundaries of the tolerance zone by use of the
corridor marking method by locating the boundaries of each separate
underground facility and placing markers at the outer boundaries of
the multiple underground facilities; and
(2) When the marking
results in one area being marked, the operator shall inform the excavator
of the marking of each of the separate underground facilities within
the marked boundaries, either verbally or by appropriate single markings
pursuant to Puc 806.01.
(f) When an operator maintains
2 or more underground facilities in close proximity to each other
within the area of the proposed excavation and the centerline marking
method is to be applied, the operator shall place markers, conforming
with Puc 806.01(a)(2), over the centerline
of each facility.
(g) In the event the operator
or member who owns and/or operates an underground facility is unable
to designate the location of the underground facility due to extraordinary
circumstances, the operator or member shall notify the notification
center and provide an estimated completion date. The notification
center shall then document on the existing notification ticket, utilizing
an attachment message, that the utility is unable to designate the
location of the underground facility. The operator shall notify the
excavator who called the notification center that it is unable to
designate the location of the underground facility due to extraordinary
circumstances.
Source.
#5616, eff 4-20-93, EXPIRED: 4-20-99
New. #7259,
INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss
by #7350, eff 8-23-00; ss by #7900, eff 5-29-03
Puc 806.02 Markers.
(a) Within 72 hours after
receipt of notice from a proposed excavator or from the notification
center of a proposed excavation, but not including Saturdays, Sundays
and legal holidays, an operator or member of the notification center
who owns or operates an underground facility, shall mark the location
of its underground facility in the area of the proposed excavation.
(b) An operator who participates
in an underground utility damage prevention system shall not be required
to locate underground facilities not owned by the operator. Underground
facilities which the owner shall not be required to locate shall include,
but not be limited to, facilities running from a house to a garage
or other outbuilding.
(c) An operator shall mark
underground facilities by the use of paint, stakes, flags, or by any
other means that clearly indicates the location of the underground
facility.
(d) An operator shall consider
the physical characteristics in the area of the proposed excavation
in determining the type of marker to be used.
(e) Operators shall mark
underground facilities according to the following color code:
(1) Red shall be used for underground
facilities conveying electric power, electric cable conduits or lighting
cables;
(2) Yellow shall
be use for underground facilities conveying gas, oil, steam, petroleum,
or gaseous materials;
(3) Orange shall
be used for underground facilities used for communications, alarm,
signal, communications cables, or communications conduit;
(4) Blue shall be
used for underground facilities conveying water or used for irrigation
or slurry lines; and
(5) Green shall be used for underground
facilities conveying sewer or used for drain lines.
(f) Excavators shall use
the color white for the pre-marking of the boundaries of a proposed
excavation.
Source.
#7350, eff 8-23-00; ss
by #7900, eff 5-29-03
Puc 806.03 Identification.
(a) When an operator marks its underground
facility it shall indicate the width of the underground facility.
(b) An operator shall identify
with markings any changes in direction or terminations occurring within
the immediate area of the proposed excavation with arrows or other
appropriate indicators.
Source.
#7350, eff 8-23-00; ss
by #7900, eff 5-29-03
Puc 806.04 Emergency Procedures.
(a) Each operator and member
of the notification center who owns, operates underground facilities,
or both, shall develop internal practices and procedures to:
(1) Receive and
respond to emergency notifications; and
(2) Mark the location
of facilities in emergency situations.
Source.
#7350, eff 8-23-00; ss
by #7900, eff 5-29-03
PART Puc
807 ENFORCEMENT PROCEDURES
Puc 807.01 Investigation of Complaints.
(a) The notification center
shall institute procedures to receive and resolve complaints of excavators,
operators, owners or operators of underground facilities, members,
and the general public.
(b) Owners and operators
of underground facilities shall institute procedures to receive and
resolve complaints of excavators and the general public.
(c) The commission staff
shall consider and decide unresolved complaints pursuant to the procedures
established in Puc 200.
(d) An unresolved dispute
relating to Puc 800 which is appealed in writing to the commission shall
be handled as follows:
(1) The matter shall
be treated as a request for an adjudicatory proceeding; and
(2) The parties
to the dispute shall have a right of appeal by petition to the New
Hampshire Supreme Court pursuant to RSA 541:6.
Source.
#5616, eff 4-20-93, EXPIRED: 4-20-99
New. #7259,
INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss
by #7350, eff 8-23-00; ss by #7900, eff 5-29-03
Puc 807.02 Notice of Probable Violation.
(a) In the event the commission
staff determines that a probable violation of RSA 374:48-56, Puc
800, or both, has occurred, staff shall issue a written notice of
probable violation (NOPV) to the party alleged to have committed the
violation.
(b) The commission staff
shall send information regarding the NOPV by certified mail to the
party regarded as in violation.
(c) The NOPV shall include
the following:
(1) A description
of the probable violation and reference to the rule or statute regarded
as violated;
(2) The date and
location of the probable violation;
(3) A statement
notifying the party or parties involved that civil penalties might
be imposed pursuant to RSA 374:48-56, in the event of unfavorable
judgment;
(4) Statutory rights
of the respondent as enumerated in RSA 374:48-56; and
(5) Procedures for
resolving the complaint.
(d) Any owner or operator
of an underground facility involved in the NOPV shall provide a representative
for any informal conference or hearing scheduled pursuant to Puc
800.
Source.
#7900, eff 5-29-03
Puc 807.03 Alternative Responses to Notice of Probable
Violation.
(a) Upon receipt of the
NOPV the respondent shall either:
(1) Submit to the
commission within 30 days, in writing, evidence refuting the probable
violation referenced in the NOPV;
(2) Request in writing
within 30 days, an informal conference with commission staff to examine
the basis of the probable violation; or
(3) Execute a consent
agreement with the commission resolving the probable violation.
(b) If the respondent requests
an informal conference pursuant to (a)(2) above, the commission staff
shall set a date and time for the informal conference.
Source.
#7900, eff 5-29-03
Puc 807.04 Notice of Violation.
(a) If the commission or
commission staff involved in the damage prevention program, after
reviewing evidence and testimony obtained in writing or conferences,
determines that a violation of RSA 374:48-56, Puc
800, or both, has occurred, the commission or commission staff involved
in the damage prevention program shall issue a notice of violation
(NOV) to the respondent pursuant to RSA 374:55, VII.
(b) The NOV so issued shall
include:
(1) The factual
and statutory basis for the unfavorable preliminary determination;
(2) A description
of factors relied upon by commission staff in making its determination,
such as the gravity of the violation, history of prior violations,
degree of culpability of the respondent, how quickly the respondent
took action to rectify the situation, cooperativeness of respondent,
and any other factors which would tend to either aggravate or mitigate
the violation;
(3) The civil penalty,
if any, proposed to be imposed;
(4) Procedures for
remitting penalty; and
(5) Statutory rights
of the respondent as enumerated in RSA 374:48-56.
Source.
#7900, eff 5-29-03
Puc 807.05 Response to Notice of Violation.
(a) Within 10 days from
receipt of the NOV, the respondent shall either:
(1) Sign a consent
agreement and remit the civil penalty; or
(2) File a request
in writing for a hearing before the commission.
Source.
#7900, eff 5-29-03
Puc 807.06 Commission Action.
(a) The Commission shallact upon Staff's recommendation unless the respondent
requests a hearing pursuant to Puc 807.05(a)(2).
Upon such hearing request, the commission shall provide the respondent
with notice and an opportunity for a hearing, held pursuant to Puc
200. At the hearing, the respondent may show by a preponderance of
the evidence why the commission or designated commission staff determination
should be changed.
Source.
#7900, eff 5-29-03
Puc 807.07 Civil Penalties.
(a) If the commission or
designated commission staff within the division of safety finds reason
to issue an NOV, the commission or designated commission staff shall
propose to assess a civil penalty pursuant to RSA 374:55.
(b) In determining the assessment,
the following factors shall be considered:
(1) The severity of the consequences
resulting from the violation such that the more severe the consequences,
the higher the civil penalty, the gravity of the violation, degree
of culpability of the respondent, cooperativeness of respondent, history
of prior violations, and other factors which would tend to aggravate
fault; and
(2) Mitigating circumstances, such
as how quickly the excavator took action to rectify the situation,
how much control the excavator had over the situation, and other circumstance
which would tend to lessen fault.
Source.
#7900, eff 5-29-03
APPENDIX
