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Oregon Administrative Rules
Chapter
952, Division 1
Oregon Utilities Notification Center
952-001-0010
Definitions
(1) "Abandoned Facility" means an underground facility that is no longer in service and is physically disconnected from the operating facility that is in service.
(2) "Business day" means any 24-hour day other than a Saturday, Sunday or federal or state legal holiday.
(3) "Damage" means harm to, or destruction of underground facilities including, but not limited to, the weakening of structural, lateral or subjacent support; the penetration, impairment or destruction of any coating, housing or other protective device; or the denting of, penetration into or severance of underground facilities.
(4) "Designer" means any person who prepares a drawing for construction or other project which requires excavation or demolition.
(5) “Designated Agent” means a person or entity specifically appointed to act for or serve as a representative for another person or entity.
(6) "Emergency" means an occurrence involving an immediate danger, demanding prompt action to prevent loss of life, or to mitigate damage to property, or to prevent interruption of essential public services (as determined by an emergency response agency or the facility operator) or to prevent a customer service outage (as determined by the facility operator).
(7) "Excavation" means any operation in which earth, rock or other material on or below the ground is moved or otherwise displaced by any means, except sidewalk, road and ditch maintenance less than 12 inches in depth that does not lower the original grade or original ditch flow line. "Excavation" does not include the tilling of soil for agricultural purposes conducted on private property that is not within the boundaries of a recorded right-of-way or easement for underground facilities and does not exceed 18 inches in depth.
(8) "Excavator" means any person who engages in excavation.
(9) “Large area” means a proposed excavation requiring more work or time to locate utility facilities than can reasonably be completed within the parameters of section (1) of 952-001-0050.
(10) "Locatable underground facilities" means underground facilities which can be marked with reasonable accuracy.
(11) "Mark" or "marking" means an indication, from the use of stakes, paint or other clearly identifiable material, to show the field location or absence of underground facilities at a proposed work site. A "mark" or "marking" also includes permanent marking devices, such as disks, posts or signs, placed to show the location of underground facilities.
(12) “Notify” means to make known by any reasonable and legal means of communication.
(13) "Operator" means any person, municipal corporation, political subdivision of the state with control over underground facilities. Operator includes any person, as defined in ORS 756.010, having the right to bury underground facilities in any public right-of-way, or in any utility easement.
(14) "Oregon Utility Notification Center" (Center) means the state agency that administers a statewide system through which a person can notify operators of underground facilities of proposed excavations and can request that the underground facilities be marked.
(15) "Out-of-service facility" means an underground facility that has not been declared permanently abandoned and may still be connected to a portion of an operating facility that is in service.
(16) "Project plans" mean any drawings, specifications or any other documents prepared in anticipation of work involving excavation.
(17) "Reasonable accuracy" means location, within twenty-four (24) inches, of the outside lateral dimensions of both sides of an underground facility.
(18) "Response" means action taken by operators of underground facilities to:
(a) Mark or identify by other means the location of its locatable underground facilities in the area of the proposed excavation;
(b) Notify the excavator that there are unlocatable underground facilities in the area of the proposed excavation; or
(c) Notify the excavator that there are no underground facilities in the area of the proposed excavation.
(19) "Underground facilities" means items partially or entirely below the surface of the ground for use in connection with the storage or conveyance of electrical energy, water, sewage, petroleum products, gas, gaseous vapors or hazardous liquids, or the transmission of electronic, telephonic, telegraphic or cable communications. Such items include, but are not limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments and those parts of poles or anchors that are underground.
(20) "Unlocatable underground facilities" mean underground facilities that cannot be marked with reasonable accuracy, including nonconductive sewers and nonmetallic underground facilities that have no trace wires.
Stat. Auth.: ORS 183 & ORS 757
Stats. Implemented: ORS 757.542
Hist.: OUNC 1-1997, f. & cert. ef. 4-17-97; OUNC 1-2000, f. & cert. ef. 8-28-00; OUNC 1-2006, f. & ef. 10-13-2006 (Order No. 06-577)
PROJECT
PLANS TO NOTIFY EXCAVATOR OF REQUIREMENTS OF LAW
952-001-0020 All project plans shall contain the following statement:
ATTENTION:
Oregon law requires you to follow rules adopted by the Oregon Utility
Notification Center. Those rules are set forth in OAR 952-001-0010 through
OAR 952-001-0090. You may obtain copies of the rules by calling the
center. (Note: the telephone number for the Oregon Utility Notification
Center is (503) 232-1987).
PERMITS
TO NOTIFY EXCAVATOR OF REQUIREMENTS OF LAW
952-001-0030 Any entity authorized to issue permits for construction
which requires excavation shall include on such permits the language
set out in OAR 952-001-0020.
PRE-MARKING
REQUIRED BY THE EXCAVATOR; EXEMPTION
952-001-0040 (1) Except as provided in paragraph (2) of this rule, prior
to notifying the Oregon Utility Notification Center, an excavator shall
pre-mark with the color white the immediate area of the proposed excavation
within both the public rights-of-way and underground easements.
(2) An
excavator need not pre-mark as required in paragraph (1) of this rule
if:
(a) The
operator can determine precisely the direction, length and location
of the proposed excavation by referring to a locate ticket; or
(b) The
excavator and operator have had a meeting prior to the beginning of
the proposed project, at the construction site for the exchange of
information required under paragraph (I) of this rule.
952-001-0050
Excavator to Give Notice of Proposed Work; Exemption
(1) Except as provided insection (2) of this rule, at least two (2) business days, but not more than ten (10) business days before commencing an excavation, the excavator shall notify the Oregon Utility Notification Center of the date and location of the proposed excavation, and the type of work to be performed.
(2) The notice requirement of section (1) of this rule shall not apply if the excavation is in response to an emergency, or if all of the following apply:
(a) The excavator is a tenant or an owner of private property;
(b) The excavation is on private property of that owner or tenant;
(c) The excavation is less than twelve (12) inches in depth; and
(d) The excavation is not within an established easement.
(3) An excavator, when giving notice in compliance with section (1) of this rule, shall furnish information as to how the excavator can be contacted.
(4) If an excavator intends to perform work at multiple sites or over a large area, the excavator shall take reasonable steps to work with the facility operators, including preconstruction meetings, so that the operators may locate their facilities at a time reasonably in advance of the actual start of excavation for each phase of the work.
Stat. Auth.: Sect.1 - 5 & 7, Ch. 691, OL 1995
Stats. Implemented:
Hist.: OUNC 1-1997, f. & cert. ef. 4-17-97; OUNC 1-2006, f. & ef. 10-13-2006 (Order No. 06-577)
WHEN
EXCAVATOR MAY GIVE LESS THAN FORTY-EIGHT (48) BUSINESS DAY HOUR NOTICE
952-001-0060 An excavator may provide less than two (2) business days
(48) hours prior notice if:
(1) The
excavator is responding to an emergency, so long as the excavator notifies
the Oregon Utility Notification Center immediately and so long as the
excavator takes reasonable care to protect underground facilities;
(2) The
excavator has an agreement with each operator of underground facilities
that marks will be provided on a regular basis as the excavator progresses
through a project; or
(3) The
excavator discovers an underground facility in an area where the operator
of underground facilities had previously indicated there were no facilities.
952-001-0070
Operators to Mark Underground Facilities or Notify Excavator that None Exist
(1) Except as provided in section (3) of the rule, within two business days (48 hours) after the excavator notifies the Oregon Utility Notification Center of a proposed excavation, the operator or its designated agent shall:
(a) Mark with reasonable accuracy all of its locatable underground facilities within the area of proposed excavation. All marks shall indicate the name, initials or logo of the operator of the underground facilities, and the width of the facility if it is greater than two (2) inches;
(b) Provide marks to the excavator of the unlocatable underground facilities in the area of proposed excavation, using the best information available including as-constructed drawings or other facility records that are maintained by the facility operator; or
(c) Notify the excavator that the operator does not have any underground facilities in the area of the proposed excavation. Acceptable notifications are to include locate request call back information and repeat option.
(2) Operators of abandoned facilities shall mark said facilities to the standards of locatable facilities or unlocatable facilities.
(3) An operator shall mark any abandoned underground facility that is known to it with a capital letter "A" inside of a circle, using the appropriate operator color and identification.
(4) An operator of any out-of-service underground facility shall mark such facility in the same way it marks an underground facility that is in service.
(5) If an excavator uses offset marking, the excavator shall correctly measure the amount of offset, so that the excavator can reestablish the location of underground facilities where originally marked.
(6) If the excavator notifies the operator of underground facilities discovered during an excavation in response to an emergency, the operator of underground facilities shall comply with section (1) of this rule as soon as possible.
(7) Underground facilities shall be marked in accordance with the following designated color code:
(a) RED -- Electric power lines, cables or conduit, and lighting cables.
(b) YELLOW -- Gas, oil, steam, petroleum, or other hazardous liquid or gaseous materials.
(c) ORANGE -- Communications, cable TV, alarm or signal lines, cables or conduits.
(d) BLUE -- Water, irrigation, and slurry lines.
(e) GREEN -- Sewers, drainage facilities or other drain lines.
(f) WHITE -- Pre-marking of the outer limits of the proposed excavation or marking the centerline and width of proposed lineal installations of buried facilities.
(g) PINK -- Temporary Survey Markings.
(h) PURPLE – Slurry and reclaimed.
(8) In areas of ongoing excavation or construction operators shall mark newly installed underground facilities immediately upon placement.
(9) Except while making minor repairs to existing non-conductive, unlocatable facilities, an operator burying non-conductive, unlocatable facilities within the public rights-of-way or utility easements shall place a tracer wire or other similar conductive marking tape or device with the facility to allow for later location and marking.
(10) An operator of underground drainage lines is not required to indicate the presence of those facilities if the existence and route of those facilities can be determined from the presence of other visible facilities, such as manholes, catch basins, inlets, outlets, junction boxes, storm drains or permanent marking devices.
Stat. Auth.: ORS 183 & ORS 757
Stats. Implemented: ORS 757.552
Hist.: OUNC 1-1997, f. & cert. ef. 4-17-97; Administrative Reformatting 1-19-98; OUNC 1-2000, f. & cert. ef. 8-28-00; OUNC 1-2006, f. & ef. 10-13-2006 (Order No. 06-577)
OPERATORS
TO RESPOND TO NOTIFICATIONS REQUESTING DESIGN INFORMATION
952-01-80 Within ten (10) business days after a designer notifies the
Oregon Utility Notification Center of a proposed project, the operator
of the underground facilities shall:
(1) Mark
with reasonable accuracy all of its locatable underground facilities
within the area of proposed excavation. All marks shall indicate the
name, initials or logo of the operator of the underground facilities,
and the width of the facility if it is greater than two (2) inches;
(2) Provide
the excavator the best description available to the operator of the
unlocatable underground facilities in the area of the proposed excavation
including as-constructed drawings, or other facility maps that are maintained
by the facility operator; or
(3) Contact
the person requesting design information and agree on a time, prior
to the beginning of the proposed project, for exchange of the information
required under paragraph (1) or paragraph (2) of this rule.
DELAY
OF EXCAVATION UNTIL RESPONSE FROM FACILITY OPERATORS; DUTY OF EXCAVATOR
TO USE REASONABLE CARE; DAMAGE TO FACILITIES
952-001-0090 (1) An excavator shall not commence an excavation which
requires notice under these rules until the excavator has received a
response from each operator of underground facilities in the area of
the proposed excavation, or until at least two (2) business days (48
hours) have elapsed from the time the excavator notified the Oregon
Utility Notification Center.
(2) Once
underground facilities have been marked, the excavator shall:
(a) Maintain
marks during the excavation period to ensure that the original marks
remain effective for the life of the project and can be re-established;
(b) Stop
excavating in the vicinity of the underground facility and notify
the Oregon Utility Notification Center to have the route re-marked
as specified in these rules, if prior to or during the excavation
process, the marking and/or route of any underground facility is removed
or no longer visible; and
(c)
Employ hand tools or other such non-invasive methods to determine
the exact location of the underground facility when excavation is
to be made within the reasonable accuracy zone.
(3) The
excavator shall provide such lateral and subjacent support for underground
facilities as may be reasonably necessary for the protection of such
facilities.
(4) If
the excavator causes or observes damage to underground facilities, the
excavator shall notify the operator of the underground facilities immediately.
If the damage causes an emergency, the excavator shall also notify all
appropriate local public safety agencies immediately by calling 911
and shall take reasonable steps to insure the public safety. The excavator
shall not bury damaged underground facilities without the consent of
the operator of the damaged underground facilities.
(5) If
an excavator discovers underground facilities in an area where the operator
of the underground facilities had previously stated there were no underground
facilities, the excavator shall, prior to continuing excavation, notify
the Oregon Utility Notification Center. After providing notification,
the excavator shall use extreme care in the affected area.
Stat.
Auth.: ORS, 757.542 to 757.562 and 757.993
Oregon Laws 1995 Hist:
Stat. Auth.: ORS Ch. 183 and 757
Stats. Implemented: ORS 757.552
Hist: OUNC 1-1997, f. & ef. 4-17-97 (Order No. 97-001)
RECORD
KEEPING REQUIREMENTS
952-001-0100
(1) Abandoned Facilities: Except as provided in Section (3) of this
rule, all operators shall maintain records, by mapping or other means,
of all underground facilities abandoned on or after April 1, 2002, that
show:
(a) The
location of such facility to the level of detail when abandoned;
(b) The date of abandonment of such facility; and
(c) Whether each such facility is a locatable underground facility
or an unlocatable underground facility.
(2) Out-of-Service
Facilities: Except as provided in Section (3) of this rule, all operators
shall maintain records, by mapping or other means, of all underground
facilities placed in out-of-service status on or after April 1, 2002,
that show:
(a) The
location of such facility to the level of detail when placed in out-of-service
status;
(b) The date of abandonment of such facility; and
(c) Whether each such facility is a locatable underground facility
or an unlocatable underground facility.
(3) These
record keeping requirements do not apply to operators who provide telecommunications,
CATV or electric service for the underground facilities located between
the operator’s system and the customer’s point of service.
Stat.
Auth.: ORS Ch. 183 and 757
Stat. Implemented: ORS 757.542 through 757.562 and 757.993
Hist: NEW
::top::
Oregon Revised Statutes
Chapter
757.542 – 562 and 757.993
Oregon Utilities Notification Center
757.542
Definitions. As used in ORS 757.542 to 757.562 and 757.993:
(1) “Business day” means any 24-hour day other than a Saturday, Sunday
or federal or state legal holiday.
(2) “Damage” means harm to or destruction of underground facilities
including, but not limited to, the weakening of structural, lateral
or subjacent support; the penetration, impairment or destruction of
any coating, housing or other protective device; and the denting of,
penetration into or severance of underground facilities.
(3) “Excavation” means any operation in which earth, rock or other material
on or below the ground is moved or otherwise displaced by any means,
except sidewalk, road and ditch maintenance less than 12 inches in depth
that does not lower the road grade or original ditch flow line. “Excavation”
does not include the tilling of soil for agricultural purposes conducted
on private property that is not within the boundaries of a recorded
right of way or easement for underground facilities.
(4) “Excavator” means any person who engages in excavation.
(5) “Operator” means any person, public utility, municipal corporation,
political subdivision of the state or other person with control over
underground facilities.
(6) “Underground facilities” means items partially or entirely below
the surface of the ground for use in connection with the storage or
conveyance of electrical energy, water, sewage, petroleum products,
gas, gaseous vapors or hazardous liquids, or the transmission of electronic,
telephonic, telegraphic or cable communications. Such items include,
but are not limited to, pipes, sewers, conduits, cables, valves, lines,
wires, manholes, attachments and those parts of poles or anchors that
are underground.
(7) “Unlocatable underground facilities” means underground facilities
that cannot be marked with reasonable accuracy, including nonconductive
sewers and nonmetallic underground facilities that have no trace wires.
[1995 c.691
s.1]
757.547
Oregon Utility Notification Center; board; member qualifications; terms;
meetings.
(1)(a)
The Oregon Utility Notification Center is created as an independent
not-for-profit public corporation. The corporation shall be governed
by a board of directors consisting of one member appointed to represent
each of the following:
(A)
Cities with a population of 25,000 or more;
(B) Cities with a population under 25,000;
(C) Counties;
(D) Natural gas utilities regulated by the Public Utility Commission
under ORS chapter 757;
(E) Electric utilities regulated by the Public Utility Commission
under ORS chapter 757;
(F) Water districts, special districts, sanitary districts or water
and sanitary authorities;
(G) Telecommunications utilities serving fewer than 50,000 access
lines and regulated by the Public Utility Commission under ORS chapter
759;
(H) Telecommunications utilities serving 50,000 access lines or
more and regulated by the Public Utility Commission under ORS chapter
759;
(I) Telecommunications cooperatives;
(J) Electric cooperatives;
(K) People’s utility districts;
(L) Contractors;
(M) Excavators;
(N) Railroads;
(O) Cable system operators; and
(P) Municipal electric utilities.
(b) To
facilitate appointment of members of the first board of directors,
the Public Utility Commission shall, by order, select organizations
that are most representative of each of the groups set forth in paragraph
(a) of this subsection. Each organization so selected may nominate
a member for the board and may, within the time allowed by the commission’s
order, submit the name of the nominee to the Governor, who shall consider
the nominee before making any other appointment to the board.
(c) After appointment of the first board of directors, to facilitate
appointment of new members to the board, the board shall, by rule,
select organizations that are most representative of each of the groups
set forth in paragraph (a) of this subsection. Each organization so
selected may nominate a member for the board and may, within the time
allowed by rule, submit the name of the nominee to the Governor, who
shall consider the nominee before making any other appointment to
the board.
(d) If the board of directors determines that a group not listed in
paragraph (a) of this subsection should be represented on the board,
the board may select an organization that is most representative of
the group and may ask that organization to nominate a member. Upon
receipt of the nomination, the board may request that the Governor
appoint the nominee.
(e) The Governor shall also appoint to the board of directors one
employee of the commission and one employee of the Department of Transportation.
(2) The
term of office of a member is four years. A member is eligible for reappointment.
Before the expiration of the term of a member, the board of directors
shall solicit a nomination as provided in subsection (1) of this section
and the Governor shall appoint a successor. If there is a vacancy for
any cause, the board shall solicit a nomination as provided in subsection
(1) of this section and the Governor shall make an appointment to become
immediately effective for the unexpired term. A member may continue
to serve until a successor is appointed. Nothing in this subsection
or subsection (1) of this section shall restrict the authority of the
Governor to appoint a person other than one of the persons nominated
according to this subsection or subsection (1) of this section.
(3) The board of directors shall select one of its members as chairperson
and another as vice chairperson, for such terms and with such duties
and powers as the board considers necessary for the performance of the
functions of those offices. A minimum of seven of the members of the
board constitutes a quorum for the transaction of business.
(4) The board of directors shall meet at least once every three months
at a time and place determined by the board. The board shall meet at
such other times and places specified by the call of the chairperson
or of a majority of the members of the board. [1995 c.691 s.2; 1999
c.451 s.2]
Note: See note under 757.542.
757.552 Duties of center; fees for services; rules; exemption from
certain financial administration laws.
(1) It
is the function of the board of directors to operate the Oregon Utility
Notification Center, through which a person shall notify operators
of underground facilities of proposed excavations and request that
the underground facilities be marked.
(2) The board of directors shall:
(a)
Utilize a competitive process to contract with any qualified person
to provide the notification required under subsection (1) of this
section.
(b) Subject to subsection (3) of this section, establish rates,
on a per call basis, under which subscribers shall pay to fund all
of the activities of the Oregon Utility Notification Center.
(c) Adopt rules according to ORS 183.310 to 183.550 to become effective
July 1, 1997, that regulate the notification and marking of underground
facilities to prevent damage to underground facilities. The rules,
insofar as is practicable, shall be consistent with the Oregon Utilities
Coordinating Council Standards Manual of March 31, 1995.
(3) The
Oregon Utility Notification Center shall have all of the powers of
a state agency. Except as provided in subsection (2) of this section,
the provisions of ORS chapters 240, 276, 279, 282, 283, 291, 292 and
293 shall not apply to the Oregon Utility Notification Center.
(4) Notwithstanding subsection (2)(b) of this section, the board of
directors shall not establish rates or other charges that require
payments from any subscriber who receives fewer than 50 telephone
calls in the calendar year or that result in annual payments of more
than $500 for any of the following subscribers:
(a)
Cities with a population under 15,000;
(b) Telecommunications utilities serving fewer than 50,000 access
lines and regulated by the Public Utility Commission under ORS chapter
759;
(c) Cable system operators serving fewer than 15,000 customers;
(d) Utilities, special districts, people’s utility districts or
authorities providing electricity, water or sanitary sewer service
to fewer than 15,000 residential customers; and
(e) Telecommunications cooperatives. [1995 c.691 s.3; 1999 c.451
s.3]
Note:
See note under 757.542.
757.557
Underground utility facility operators required to subscribe to center;
liability for damage from excavation for nonsubscribers; exemption.
(1) On
or before July 1, 1997, every operator of underground facilities shall
subscribe to the Oregon Utility Notification Center.
(2) On and after July 1, 1997, any person intending to excavate shall
notify the Oregon Utility Notification Center at least two but not more
than 10 business days before commencing an excavation. The board of
directors shall, by rule, provide an exception to the requirement of
advance notice for excavators in cases that involve an immediate danger
to life or property, or a customer service outage. The board may adopt
additional exceptions as the board, in its discretion, determines necessary.
(3) After July 1, 1997, nonsubscribing operators of underground facilities
shall be responsible to all injured parties for all costs associated
with damages to such facilities, loss of product or service or damages
that occur as a result of excavation where the facilities damaged are
under the control of the nonsubscribing operator and proper notice was
given to the Oregon Utility Notification Center.
(4) The provisions of this section shall not apply to operators of underground
facilities that are located entirely on private property and that provide
services exclusively for the use of residents or owners of the property.
[1995 c.691 s.4]
Note: See note under 757.542.
757.562
Report to Legislative Assembly of center activities; contracts to carry
out duties.
(1) The
board of directors shall file with the Legislative Assembly and the
Governor, not later than April 15 of each year, a report covering the
activities and operations of the Oregon Utility Notification Center
for the preceding calendar year according to the provisions of ORS 192.230
to 192.250.
(2) In carrying out the duties, functions and powers imposed by law
on the Oregon Utility Notification Center, the board of directors may
contract with any state agency or private party for the performance
of such duties, functions and powers as the board considers appropriate.
[1995 c.691 s.5]
Note: See note under 757.542.
757.993
Penalty for violation of utility excavation notification provisions.
(1) Except
as provided in subsection (2) of this section and in addition to all
other penalties provided by law, every person who violates or who procures,
aids or abets in the violation of any rule of the Oregon Utility Notification
Center shall incur a penalty of not more than $1,000 for the first violation
and not more than $5,000 for each subsequent violation.
(2) In addition to all other penalties provided by law, every person
who intentionally violates or who intentionally procures, aids or abets
in the violation of any rule of the Oregon Utility Notification Center
shall incur a penalty of not more than $5,000 for the first violation
and not more than $10,000 for each subsequent violation.
(3) Each violation of any rule of the Oregon Utility Notification Center
shall be a separate offense. In the case of a continuing violation,
each day that the violation continues shall constitute a separate violation.
(4) Penalties under this section shall not be imposed except by order
following complaint as provided in ORS 756.500 to 756.610. A complaint
must be filed within two years following the date of the violation.
(5) The Public Utility Commission may reduce any penalty provided in
this section on such terms as the commission considers proper if:
(a) The
defendant admits to the violation or violations alleged in the complaint
and makes a timely request for reduction of the penalty; or
(b) The
defendant submits to the commission a written request for reduction
of the penalty within 15 days from the date of the penalty order.
(6) If
the amount of the penalty is not paid to the commission, the Attorney
General, at the request of the commission, shall bring an action in
the name of the State of Oregon in the Circuit Court for Marion County
to recover the penalty. The action shall not be commenced until after
the time has expired for an appeal from the findings, conclusions and
order of the commission.
(7) Notwithstanding any other provision of law, the commission shall
pay penalties recovered under this section to the Oregon Utility Notification
Center.
(8) The commission shall not seek penalties under this section except
in response to a complaint alleging a violation of a rule or rules adopted
by the Oregon Utility Notification Center. The commission may investigate
any such complaint, and the commission shall have sole discretion to
seek penalties under this section. [1995 c.691 s.7]
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