TITLE 39
Public Utilities and Carriers

CHAPTER 39-1.2
Excavation Near Underground Utility Facilities

SECTION 39-1.2-8


§ 39-1.2-8 Notice in emergency.

(a) In the event of any emergency posing a threat to life, public health, public safety or property, or which may require immediate correction in order to continue the operation of a major industrial plant, or to assure the continuity of public utility service, excavation, maintenance, or repairs may be made without using explosives upon notice and advice thereof given to the association as soon as it is determined that an emergency exists. The excavator shall thereafter employ any means necessary, excluding blasting, to insure that the underground public utility facilities in the area of the excavation shall not be damaged.

(b) In the event of an emergency, public utilities shall notify the excavator, at the telephone number provided to the association by the excavator, within two (2) hours upon receipt of notice as to whether the public utility has any facilities in the vicinity of the proposed excavation. If the public utility has any facilities in the vicinity of the proposed excavation, the public utility shall mark out their facilities no later than three (3) hours after receipt of notice from the association.

History of Section.
(P.L. 1984, ch. 119, § 1; P.L. 1998, ch. 367, § 1; P.L. 2009, ch. 92, § 1; P.L. 2009, ch. 103, § 1.)