PRIOR PRINTER'S NO. 3097 PRINTER'S NO. 3235
No. 2223 Session of 2005
INTRODUCED BY SEMMEL, TIGUE, BASTIAN, SOLOBAY, ARMSTRONG,
BALDWIN, BEBKO-JONES, BOYD, CALTAGIRONE, CAPPELLI, CAWLEY,
CRAHALLA, CREIGHTON, DeLUCA, DENLINGER, DeWEESE, FRANKEL,
FREEMAN, GEIST, GEORGE, GINGRICH, GRUCELA, HALUSKA, HARHAI,
HARPER, HARRIS, HENNESSEY, HERMAN, HERSHEY, HESS, MARKOSEK,
MARSICO, R. MILLER, MUSTIO, NAILOR, O'NEILL, PAYNE, PHILLIPS,
RAPP, REICHLEY, RUBLEY, SAINATO, SATHER, SAYLOR, B. SMITH,
R. STEVENSON, E. Z. TAYLOR, THOMAS, YOUNGBLOOD, ZUG, SIPTROTH
AND PRESTON, NOVEMBER 14, 2005
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 6, 2005
AN ACT
1 Amending the act of December 10, 1974 (P.L.852, No.287), <--
2 entitled "An act to protect the public health and safety by
3 preventing excavation or demolition work from damaging
4 underground lines used in providing electricity,
5 communication, gas, oil delivery, oil product delivery,
6 sewage, water or other service; imposing duties upon the
7 providers of such service, recorders of deeds, and persons
8 and other entities preparing drawings or performing
9 excavation or demolition work; and prescribing penalties,"
10 further providing for the title of the act and for
11 definitions; providing for the notation of a site; further
12 providing for duties of facility owners and for the duties of
13 the One Call System; providing for liability, fees and
14 governance of the One Call System; further providing for
15 applicability; providing for the duties of project owners and
16 for rights of the Auditor General; further providing for the
17 governing board of the One Call System, for fines and
18 penalties and for applicability to certain pipeline systems
19 and facilities; providing for a voluntary dispute resolution
20 process, for best efforts and for removal or tampering with a
21 marking; further providing for expiration; and repealing
22 provisions of the act of June 19, 2002 (P.L.421, No.61),
23 known as the Propane and Liquefied Petroleum Gas Act,
24 concerning the prohibition of certain liquefied petroleum gas
25 facilities or distributors from being subject to the
26 Underground Utility Line Protection Law.
1 AMENDING THE ACT OF DECEMBER 10, 1974 (P.L.852, NO.287), <--
2 ENTITLED "AN ACT TO PROTECT THE PUBLIC HEALTH AND SAFETY BY
3 PREVENTING EXCAVATION OR DEMOLITION WORK FROM DAMAGING
4 UNDERGROUND LINES USED IN PROVIDING ELECTRICITY,
5 COMMUNICATION, GAS, OIL DELIVERY, OIL PRODUCT DELIVERY,
6 SEWAGE, WATER OR OTHER SERVICE; IMPOSING DUTIES UPON THE
7 PROVIDERS OF SUCH SERVICE, RECORDERS OF DEEDS, AND PERSONS
8 AND OTHER ENTITIES PREPARING DRAWINGS OR PERFORMING
9 EXCAVATION OR DEMOLITION WORK; AND PRESCRIBING PENALTIES,"
10 FURTHER PROVIDING FOR THE TITLE OF THE ACT, FOR DEFINITIONS,
11 FOR DUTIES OF FACILITY OWNERS AND FOR THE DUTIES OF THE ONE
12 CALL SYSTEM; PROVIDING FOR LIABILITY, FEES AND GOVERNANCE OF
13 THE ONE CALL SYSTEM; FURTHER PROVIDING FOR APPLICABILITY;
14 PROVIDING FOR THE DUTIES OF PROJECT OWNERS AND FOR RIGHTS OF
15 THE AUDITOR GENERAL; FURTHER PROVIDING FOR THE GOVERNING
16 BOARD OF THE ONE CALL SYSTEM, FOR FINES AND PENALTIES AND FOR
17 APPLICABILITY TO CERTAIN PIPELINE SYSTEMS AND FACILITIES;
18 PROVIDING FOR A VOLUNTARY DISPUTE RESOLUTION PROCESS, FOR
19 BEST EFFORTS AND FOR REMOVAL OR TAMPERING WITH A MARKING;
20 FURTHER PROVIDING FOR EXPIRATION; AND REPEALING PROVISIONS OF
21 THE ACT OF JUNE 19, 2002 (P.L.421, NO.61), KNOWN AS THE
22 PROPANE AND LIQUEFIED PETROLEUM GAS ACT, CONCERNING THE
23 PROHIBITION OF CERTAIN LIQUEFIED PETROLEUM GAS FACILITIES OR
24 DISTRIBUTORS FROM BEING SUBJECT TO THE UNDERGROUND UTILITY
25 LINE PROTECTION LAW.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 Section 1. The title of the act of December 10, 1974 <--
29 (P.L.852, No.287), referred to as the Underground Utility Line
30 Protection Law, is amended to read:
31 AN ACT
32 To protect the public health and safety by preventing excavation
33 or demolition work from damaging underground lines used in
34 providing electricity, communication, gas, propane, oil
35 delivery, oil product delivery, sewage, water or other
36 service; imposing duties upon the providers of such service,
37 recorders of deeds, and persons and other entities preparing
38 drawings or performing excavation or demolition work; and
39 prescribing penalties.
40 Section 2. Section 1 of the act, amended November 30, 2004
41 (P.L.1567, No.199), is amended to read:
42 Section 1. As used in this act:
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1 "Abandoned" means no longer in service and physically
2 disconnected from a line.
3 "Business day" means any day except a Saturday, Sunday or
4 legal holiday prescribed by an act of the General Assembly. A
5 business day begins at 12 a.m. and ends at 11:59 p.m.
6 "Common Ground Alliance best practices" means the generally
7 accepted damage prevention industry recommended standards issued
8 by the Common Ground Alliance, a not-for-profit corporation
9 created following the issuance of the United States Department
10 of Transportation's Common Ground Task Force report in 1999.
11 "Complex project" means an excavation that involves more work
12 than properly can be described in a single locate request or any
13 project reasonably designated as such by the excavator as a
14 consequence of its complexity or its potential to cause
15 significant disruption to lines or facilities and the public,
16 including excavations that require scheduling locates over an
17 extended time frame.
18 "Consumer Price Index" means the index of consumer prices
19 developed and updated by the Bureau of Labor Statistics of the
20 United States Department of Labor.
21 ["Contractor" means any person who or which performs
22 excavation or demolition work for himself or for another
23 person.]
24 "Demolition work" means the partial or complete destruction
25 of a structure, by any means, served by or adjacent to a line or
26 lines.
27 "Department" means the Department of Labor and Industry of
28 the Commonwealth.
29 "Designer" means any architect, engineer or other person who
30 or which prepares a drawing for a construction or other project
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1 which requires excavation or demolition work as herein defined.
2 "Emergency" means a sudden or unforeseen occurrence involving
3 a clear and immediate danger to life or property, including, but
4 not limited to, serious breaks or defects in a facility owner's
5 lines.
6 "Excavation work" means the use of powered equipment or
7 explosives in the movement of earth, rock or other material, and
8 includes but is not limited to anchoring, augering, backfilling,
9 blasting, boring, digging, ditching, drilling, driving-in,
10 grading, plowing-in, pulling-in, ripping, scraping, trenching
11 and tunneling, but does not include soft excavation technology
12 such as vacuum, high pressure air or water, tilling of soil for
13 agricultural purposes to a depth of less than eighteen inches,
14 the direct operations necessary or incidental to the purposes of
15 finding or extracting natural resources[,] or the Department of
16 Transportation and political subdivisions performing minor
17 routine maintenance up to a depth of [less than eighteen] twelve
18 inches within the [right-of-way of] cartway of public roads or
19 [employes of the Department of Transportation performing within
20 the scope of their employment work up to a depth of twenty-four
21 inches beneath the existing surface within the right-of-way of a
22 State highway.] within six inches of the remaining right-of-way
23 of public roads.
24 "Excavator" means any person who performs excavation or
25 demolition work for himself or for another person.
26 "Facility owner" means the public utility or agency,
27 political subdivision, municipality, authority, rural electric
28 cooperative or other person or entity who or which owns or
29 operates a line. [The term does not include the Department of
30 Transportation within a State highway right-of-way.]
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1 "Final design" means the engineering and construction
2 drawings that are provided to a bidder or other person who is
3 asked to initiate construction on the bid date or the date the
4 project is let for construction in the absence of a bid.
5 "Horizontal directional drilling" means the use of horizontal
6 boring devices that can be guided between a launch point and a
7 reception point beneath the earth's surface.
8 "Line" or "facility" means an underground conductor or
9 underground pipe or structure used in providing electric or
10 communication service, or an underground pipe used in carrying
11 or providing gas, oil or oil product, sewage, water or other
12 service to one or more consumers or customers of such service
13 and the appurtenances thereto, regardless of whether such line
14 or structure is located on land owned by a person or public
15 agency or whether it is located within an easement or right-of-
16 way. The term includes storm drainage [and traffic loops.],
17 traffic control loops and pipes or structures that transport or
18 store hazardous waste or hazardous materials as defined by a
19 Federal or State statute, regardless of whether the pipes or
20 structures provide service to customers or consumers.
21 "Locate request" means a communication between an excavator
22 or designer and the One Call System in which a request for
23 locating facilities is processed.
24 "Minor routine maintenance" means shaping of or adding dust
25 palliative to unpaved roads, removal and application of patches
26 to the surface or base of flexible base, rigid base or rigid
27 surface roads by either manual or mechanized method to the
28 extent of the existing exposed base material, crack and joint
29 sealing, adding dust palliative to road shoulders, patching of
30 shoulders and shoulder bases by either manual or mechanized
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1 methods to the extent of the existing exposed base, and cleaning
2 of inlets and drainage pipes and ditches.
3 "One Call System" means [a] the communication system
4 established within this Commonwealth to provide a single
5 nationwide toll-free telephone number for [contractors]
6 excavators or designers or any other person covered by this act
7 to call facility owners and notify them of their intent to
8 perform excavation, demolition or similar work as defined by
9 this act. [A] The One Call System shall be incorporated and
10 operated as a nonprofit corporation pursuant to 15 Pa.C.S. Pt.
11 II Subpt. C (relating to nonprofit corporations).
12 "Operator" means any individual in physical control of
13 powered equipment or explosives when being used to perform
14 excavation or demolition work.
15 ["Owner" means any person who or which engages a contractor
16 for construction or any other project which requires excavation
17 or demolition work as herein defined.]
18 "Person" means an individual, partnership, corporation,
19 political subdivision, a municipal authority, the Commonwealth
20 and its agencies and instrumentalities, or any other entity.
21 "Powered equipment" means any equipment energized by an
22 engine or motor and used in excavation or demolition work.
23 "Project owner" means any person who engages an excavator for
24 construction or any other project which requires excavation or
25 demolition work.
26 "Secretary" means the Secretary of Labor and Industry of the
27 Commonwealth.
28 "Site" means the specific place denoted on the locate request
29 where excavation or demolition work is being or is planned to be
30 performed.
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1 "Subsurface Utility Engineering (SUE)" means those techniques
2 set forth in the American Society of Civil Engineers (ASCE)
3 standard CI/ASCE 38-02, or its successor.
4 "Tolerance zone" means the horizontal space within eighteen
5 inches of the outside wall or edge of a line or facility.
6 ["Working day" means any day except a Saturday, Sunday or
7 legal holiday prescribed by act of the General Assembly.]
8 Section 3. The act is amended by adding a section to read:
9 Section 1.1. A site should be denoted as a clearly defined,
10 bounded area, including relevant identifiable points of
11 reference such as the specific address with a specific
12 description as to the portion of the property, including
13 descriptions such as front, back, left side, right side and
14 direction such as N, S, E, W or variants. Where possible, the
15 points should also reference, without limitation, the size and
16 radius or circumference of the excavation, utility pad or
17 pedestal numbers, utility pole numbers, landmarks, including
18 trees, fountains, fences, railroads, highway and pipeline
19 markers, and latitude and longitude.
20 Section 4. Sections 2 and 3 of the act, amended November 30,
21 2004 (P.L.1567, No.199), are amended to read:
22 Section 2. It shall be the duty of each facility owner:
23 (1) To be a member of and give written notice to [a] the One
24 Call System. Such notice shall be in a form acceptable to [a]
25 the One Call System and include:
26 (i) the legal name of the facility owner[;], their official
27 mailing address and any other official contact information as
28 may be required by the One Call System;
29 (ii) the names of the counties and municipalities, down to
30 and including wards in Philadelphia, Pittsburgh, Allentown and
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1 Erie, in which its lines are located[;], and any other official
2 information as may be required by the One Call System;
3 (iii) the facility owner's address (by street, number and
4 political subdivision), and the telephone number and fax number,
5 if available, to which inquiries may be directed as to the
6 location of such lines; and
7 (iv) [at the option of any facility owner,] the street
8 identifications[, within or outside of the municipality] or
9 similar information within each of the municipalities in which
10 its lines are located. This information shall be in a form
11 acceptable to [a] the One Call System. [and shall include the
12 names of streets bounding, crossing or adjacent to the facility
13 owner's lines.] Upon [receipt of a signed street identification
14 list] acceptance of the information from a facility owner, [a]
15 the One Call System shall provide the facility owner with
16 notification within the boundaries described [in the street
17 identification list]. All facility owners [which opt for this
18 service] shall agree to indemnify and hold harmless [a] the One
19 Call System for any street identity errors and omissions on the
20 part of the facility owner or the [contractor] excavator or
21 designer providing [street identifications.] the information as
22 the agent of the facility owner.
23 (2) To give to [a] the One Call System like written notice
24 within five [working] business days after any of the matters
25 stated in the last previous notice shall have changed.
26 (4) Not more than ten [working] business days after receipt
27 of a request [therefor] from a designer who identifies the site
28 of excavation or demolition work for which he is preparing a
29 drawing, to initially respond to his request for information as
30 to the position and type of the facility owner's lines at such
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1 site based on the information currently in the facility owner's
2 possession[.] by marking the plans which have been provided to
3 it by the designer by field location or by another method agreed
4 to by the parties. The facility owner shall so advise the person
5 making the request of the facility owner's status at the site
6 through [a] the One Call System.
7 (5) [Not more than two working days after] After receipt of
8 a timely request [therefor] from [a contractor] an excavator or
9 operator who identifies the site of excavation or demolition
10 work he intends to perform[:] and not later than the day prior
11 to the scheduled start of excavation:
12 (i) To mark, stake, locate or otherwise provide the position
13 of the facility owner's underground lines at the site within
14 eighteen inches horizontally from the outside wall of such line
15 in a manner so as to enable the [contractor] excavator, where
16 appropriate, to employ prudent techniques, which may include
17 hand-dug test holes, to determine the precise position of the
18 underground facility owner's lines. This shall be done to the
19 extent such information is available in the facility owner's
20 records or by use of standard locating techniques other than
21 excavation. During the excavation phase, facility owners shall
22 make reasonable efforts to locate or notify excavators of the
23 existence and type of abandoned lines that remain on their
24 continuing property records.
25 (i.1) [A] Where contained on its continuing property
26 records, a facility owner [may] shall identify the location of
27 [a known facility connected] an actually known facility's point
28 of connection to its facilities, [but] where the point of
29 connection is not owned or operated by the facility owner[, as a
30 helpful guide to the excavator or owner]. The identification
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1 shall not be deemed to impose any liability upon the facility
2 owner for the accuracy of the [private facility] other
3 facility's identification.
4 (ii) A facility owner, at its option, may timely elect to
5 excavate around its facilities in fulfillment of this
6 subparagraph.
7 (iii) To propose mutually agreeable scheduling or other
8 alternative cooperative steps by which the parties may locate
9 the facilities, if desired.
10 (v) To respond to all notices through [a] the One Call
11 System, provided the request is made in the time frame set forth
12 under this act. The response shall be made not later than the
13 end of the second business day following receipt of the
14 notification by the One Call System, excluding the business day
15 upon which the notification is received, or not later than the
16 day prior to the scheduled start of excavation, if the excavator
17 specifies a later date. In the case of an emergency, to respond
18 through the One Call System as soon as practicable following
19 receipt of notification of the emergency by the One Call System.
20 (vi) In marking the approximate position of underground
21 lines or facilities, the facility owner shall follow American
22 Public Works Association [and Utility Locating and Coordination
23 Council Temporary Marking Standards.] Guidelines for Temporary
24 Marking. Should the American Public Works Association [and
25 Utility Locating and Coordination Council Temporary Marking
26 Standards] Guidelines for Temporary Marking be amended, the
27 amended [standards] guidelines shall be applied and followed. If
28 the American Public Works Association no longer publishes
29 guidelines for temporary markings or if the responsibility for
30 publishing the guidelines is transferred to or assumed by
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1 another entity, the facility owner shall follow the guidelines
2 published by the other entity.
3 (vii) To respond to [emergencies] emergency notifications as
4 soon as [practical] practicable following receipt of
5 notification of such emergency. The response shall be consistent
6 with the nature of the emergency notification received by the
7 facility owner.
8 (8) [Operation costs for a One Call System shall be shared,
9 in an equitable manner for services received, by facility owner
10 members as determined by a One Call System's board of directors.
11 Political subdivisions with a population of less than two
12 thousand persons or municipal authorities having an aggregate
13 population in the area served by the municipal authority of less
14 than five thousand persons shall be exempt from payment of any
15 service fee.] To participate in preconstruction meetings
16 described in clause (3) of section 5.
17 (9) If a facility owner fails to become a member of [a] the
18 One Call System in violation of this act and a line or lines of
19 such nonmember facility owner are damaged by [a contractor] an
20 excavator by reason of the [contractor's] excavator's failure to
21 notify the facility owner because the facility owner was not a
22 member of [a] the One Call System serving the location where the
23 damage occurred, such facility owner shall have no right of
24 recovery from the [contractor] excavator of any costs associated
25 with the damage to its lines. The right herein granted shall not
26 be in limitation of any other rights of the [contractor]
27 excavator.
28 (10) To submit an incident report to the department not more
29 than ten [working] business days after receipt of notice that
30 the facility owner's lines have been damaged by excavation or
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1 demolition activities that resulted in personal injury or in
2 property damage to parties other than the affected excavator or
3 facility owner. In addition, the incident report may likewise be
4 furnished to the Pennsylvania Public Utility Commission and the
5 Pennsylvania Emergency Management Agency pursuant to memoranda
6 of understanding negotiated between these agencies and the
7 department[.], which shall, at a minimum, call for a common
8 reporting format. The department shall furnish to [a] the One
9 Call System, upon reasonable request, statistical data
10 pertaining to the number of incident reports filed with the
11 department and the type, number and results of investigations
12 for violations of this act.
13 (11) To comply with all requests for information by the
14 department relating to the department's enforcement authority
15 under this act within thirty days of the receipt of the request.
16 Section 3. It shall be the duty of [a] the One Call System
17 to do the following:
18 (1.1) To assign [a serial number and] one or more serial
19 numbers and lawful dig dates and to log the entire voice
20 transaction on logging recorders in appropriate digital form and
21 maintain these logs for five years. All records shall be indexed
22 and available to the parties involved at a reasonable cost and
23 at reasonable times set by [a] the One Call System.
24 (1.2) Perform the obligations, as set forth under this
25 section, on behalf of the facility owner, [contractor] excavator
26 or designer as established by the board of directors of [a] the
27 One Call System.
28 (1.3) Provide access to municipal lists provided to [a] the
29 One Call System for those interested parties. This list shall
30 contain facility owners having lines in the municipality,
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1 including wards as indicated in subclause (ii) of clause (1) of
2 section 2, and to maintain, for each municipality, a list
3 containing the information as required to be submitted by the
4 facility owner. Such list shall be updated as revised
5 information is received from the facility owner within five
6 [working] business days.
7 (2) To make such lists available for public inspection via
8 the county recorder of deeds without charge. A maximum copy fee
9 of no more than twenty-five dollars ($25) may be charged per
10 county list. Each facility owner change shall be forwarded, at
11 no charge, to the respective county recorder of deeds for public
12 access. The recorder of deeds shall make such list available for
13 public inspection[.] based on the most current information
14 provided to it by the One Call System.
15 (3) Not more than ten [working] business days after the
16 receipt of a request from the department, to provide access to
17 or photocopies of specific One Call System response records,
18 tickets or other like information relating to matters under
19 investigation by the department pursuant to its enforcement
20 authority under this act.
21 (4) To determine the maximum geographic area that shall
22 constitute a valid single notification and when multiple
23 notifications shall be required of any person, including the
24 method, the type and the number of notifications in a complex
25 project.
26 (5) To hold the Statewide enterprise license for a standard
27 land database determined by the board of directors of the One
28 Call System, in consultation with the Governor's Office of
29 Administration.
30 (6) If approved by the board of directors of the One Call
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1 System, to offer a service for generating permits required to
2 undertake activities relating to excavation work.
3 (7) Pursuant to policies adopted by the One Call System's
4 board of directors, to provide a secure repository for and
5 access to subsurface utility engineering data received from
6 project owners to affected facility owner members.
7 Section 5. The act is amended by adding sections to read:
8 Section 3.1. The duties of the One Call System shall be the
9 duties as set forth in section 3. Duties assigned to other
10 parties in other sections of this act shall be the duties of
11 those parties and shall not be imputed to the One Call System,
12 including the duty to provide accurate information to the One
13 Call System concerning proposed excavation and the duty to
14 locate facilities at a site.
15 Section 3.2. (a) The One Call System shall not be liable to
16 any person for damages to the person or the person's property
17 arising out of its nonnegligent actions in furtherance of the
18 duties imposed upon it under this act. Prior to any action
19 instituted in the courts of this Commonwealth against the One
20 Call System or joining the One Call System to any action
21 instituted against any party before, on or after the effective
22 date of this section, a court shall, upon notice to the One Call
23 System, conduct a hearing to first determine whether there is
24 substantial evidence that the One Call System did not comply
25 with this act.
26 (b) Operation costs for the One Call System shall be shared,
27 in an equitable manner for services received, by facility owner
28 members as determined by the One Call System's board of
29 directors. Political subdivisions with a population of less than
30 two thousand people or municipal authorities having an aggregate
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1 population in the area served by the municipal authority of less
2 than five thousand people shall be exempt from the payment of
3 any service fee. The One Call System may be reimbursed for its
4 costs in providing this service from the contractor fees.
5 (c) The One Call System shall be governed by a board of
6 directors, to be chosen by the facility owners. No less than
7 twenty percent of the seats on the board shall be held by
8 municipalities or municipal authorities. The board shall include
9 all of the following:
10 (1) The Chairman of the Pennsylvania Public Utility
11 Commission or his designee.
12 (2) The Director of the Pennsylvania Emergency Management
13 Agency or his designee.
14 (3) The Secretary of Labor and Industry or his designee.
15 (4) The Secretary of Transportation or his designee.
16 (5) An excavator or excavation industry representative.
17 (6) A designer or designer industry representative.
18 (d) All fees shall be set by the board of directors and
19 shall be based on the latest annual audited cost factors of the
20 One Call System. Fees shall be set and adjusted to a rate not
21 more than five percent above the audited cost factor plus the
22 current average published Consumer Price Index for Pennsylvania.
23 Costs of capital improvements may be added, if the improvement
24 receives a majority vote of the board of directors.
25 (e) An excavator, designer or operator who proposes to
26 commence excavation or demolition work and requests information
27 of the One Call System shall be charged a fee for the service
28 received from the One Call System. The fee shall be used to
29 offset the operation cost levied on the political subdivision
30 and municipal authority members in lieu of additional fees
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1 charged for locations under this act.
2 (f) Except for compliance with orders of courts and
3 administrative agencies, the One Call System's board of
4 directors shall have the power to determine the format of and
5 whether and under what circumstances information provided to it
6 shall be disclosed.
7 Section 6. Section 4 of the act, amended December 19, 1996
8 (P.L.1460, No.187), is amended to read:
9 Section 4. It shall be the duty of each designer preparing a
10 drawing requiring excavation or demolition work within the
11 Commonwealth:
12 (2) To request the line and facility information prescribed
13 by section 2, clause (4) from [a] the One Call System not less
14 than ten nor more than ninety [working] business days before
15 final design is to be completed. This clause is not intended to
16 prohibit designers from obtaining such information more than
17 ninety days before final design is to be completed; however,
18 they shall state in their requirements that such work is
19 preliminary.
20 (2.1) If requested to do so, to forward a copy of the
21 project plans to each facility owner that responds to the
22 request submitted pursuant to this act. If, for security or
23 proprietary reasons, a designer does not wish to provide the
24 plans, it shall timely negotiate an alternative means of
25 securing the necessary data from each facility owner.
26 (3) To show upon the drawing the position and type of each
27 facility owner's line, derived pursuant to the request made as
28 required by clause (2), and the name of the facility owner[, and
29 the facility owner's designated office address and the telephone
30 number] as shown on the list referred to in section 3.
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1 (4) To make a reasonable effort to prepare the construction
2 drawings to avoid damage to and minimize interference with a
3 facility owner's facilities in the construction area by
4 maintaining the clearance as provided for in the applicable
5 easement or an eighteen-inch clearance of the facility owner's
6 facilities if no easement restriction exists.
7 (5) A designer shall be deemed to have met the obligations
8 of clause (2) if he calls [a] the One Call System and shows as
9 proof the serial number of one call notice on drawings. The
10 designer shall also show the toll-free number of [a] the One
11 Call System on the drawing near his serial number.
12 (6) If, after receiving information from the facility
13 owners, the designer decides to change the site of a proposed
14 excavation, the obligations imposed by this section shall apply
15 to the new site.
16 (7) The designer who has complied with the terms of this act
17 and who was not otherwise negligent shall not be subject to
18 liability or incur any obligation to facility owners, operators,
19 owners or other persons who sustain injury to person or property
20 as a result of the excavation or demolition planning work of the
21 designer.
22 Section 7. Section 5 of the act, amended November 30, 2004
23 (P.L.1567, No.199), is amended to read:
24 Section 5. It shall be the duty of each [contractor]
25 excavator who intends to perform excavation or demolition work
26 within this Commonwealth:
27 (2.1) To request the location and type of facility owner
28 lines at each site by notifying the facility owner through [a]
29 the One Call System. Notification shall be not less than three
30 nor more than ten [working] business days in advance of
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1 beginning excavation or demolition work. No work shall begin
2 earlier than the scheduled start date which shall be on or after
3 the third business day after notification, excluding the date
4 upon which notification was received by the One Call System and
5 calls received on a Saturday, Sunday or holiday, which shall be
6 processed on the following business day.
7 (2.2) To provide [a] the One Call System with specific
8 information to identify the site so that facility owners might
9 provide indications of their lines. [A contractor] An excavator
10 shall be deemed to have met the obligations of clause (2.1) if
11 he calls [a] the One Call System, provides the site and other
12 required information and receives a serial number.
13 (3) [If a contractor] In a complex project or if an
14 excavator intends to perform work at multiple sites or over a
15 large area, he shall take reasonable steps to work with facility
16 owners, including scheduling and conducting a preconstruction
17 meeting, so that they may locate their facilities at a time
18 reasonably in advance of the actual start of excavation or
19 demolition work for each phase of the work. A preconstruction
20 meeting may take place at any time prior to the commencement of
21 excavation or demolition work, and all parties shall attend the
22 meeting whenever practical. Notice of the meeting shall be given
23 sufficiently in advance so as to permit attendance by all
24 involved parties covered by this act and shall include
25 information sufficient to identify the scope of work. After
26 commencement of excavation or demolition work, the [contractor]
27 excavator shall be responsible for protecting and preserving the
28 staking, marking or other designation until no longer required
29 for proper and safe excavation or demolition work at or near the
30 underground facility, or by [calling for an additional
20050H2223B3235 - 18 -
1 relocation] contacting the One Call System to request that the
2 facilities be marked again in the event that the previous
3 markings have been compromised or eliminated.
4 (3.1) To comply with the requirements established by the One
5 Call System regarding the maximum area that a notification may
6 cover.
7 (4) To exercise due care; and to take all reasonable steps
8 necessary to avoid injury to or otherwise interfere with all
9 lines where positions have been provided to the [contractor]
10 excavator by the facility owners pursuant to clause (5) of
11 section 2. Within the tolerance zone [or if insufficient
12 information is available pursuant to clause (5) of section 2,
13 the contractor] the excavator shall employ prudent techniques,
14 which may include hand-dug test holes, to ascertain the precise
15 position of such facilities[,]. If insufficient information is
16 available pursuant to clause (5) of section 2, the excavator
17 shall employ like prudent techniques which shall be paid for by
18 the owner pursuant to clause (15) of this section.
19 (5) If the facility owner fails to respond to the
20 [contractor's timely request within the two work days]
21 excavator's timely request as provided under clause (5) of
22 section 2 or the facility owner notifies the [contractor]
23 excavator that the line cannot be marked within the time frame
24 and a mutually agreeable date for marking cannot be arrived at,
25 the [contractor] excavator may proceed with excavation [at the
26 end of three working days] as scheduled, but not earlier than
27 the lawful dig date, provided he exercises due care in his
28 endeavors, subject to the limitations contained in this clause
29 and clauses (2.1) through (4).
30 (6) To inform each operator employed by the [contractor]
20050H2223B3235 - 19 -
1 excavator at the site of such work of the information obtained
2 by the [contractor] excavator pursuant to clauses (2.1) through
3 (5), and the [contractor] excavator and operator shall:
4 (i) Plan the excavation or demolition to avoid damage to or
5 minimize interference with a facility owner's facilities in the
6 construction area. Excavation or demolition work which requires
7 temporary or permanent interruption of a facility owner's
8 service shall be coordinated with the affected facility owner in
9 all cases.
10 (ii) After consulting with a facility owner, provide such
11 support and mechanical protection for known facility owner's
12 lines at the construction site during the excavation or
13 demolition work, including during backfilling operations, as may
14 be reasonably necessary for the protection of such lines.
15 (7) To report immediately to the facility owner any break or
16 leak on its lines, or any dent, gouge, groove or other damage to
17 such lines or to their coating or cathodic protection, made or
18 discovered in the course of the excavation or demolition work.
19 The One Call System board of directors may adopt procedures to
20 permit reporting of these incidents through the One Call System.
21 (8) [To alert immediately the occupants of premises as to
22 any emergency that such person may create or discover at or near
23 such premises.] If responsible, to immediately notify 911 and
24 the facility owner, if the damage results in the escape of any
25 flammable, toxic, or corrosive gas or liquid which endangers
26 life, health or property. The excavator shall take reasonable
27 measures based on its knowledge, training, resources, experience
28 and understanding of the situation to protect themselves and
29 those in immediate danger, the general public, property and the
30 environment until the facility owner or emergency responders
20050H2223B3235 - 20 -
1 have arrived and completed their assessment and shall remain on
2 site to convey any pertinent information to responders that may
3 help them to safely mitigate the situation.
4 (9) The time requirements of clause (2.1) shall not apply to
5 a facility owner or [contractor] excavator performing excavation
6 or demolition work in an emergency, as defined in section 1;
7 nonetheless, all facility owners shall be notified as soon as
8 possible before, during or after excavation or demolition,
9 depending upon the circumstances.
10 (11) [A contractor] An excavator shall use the color white
11 to mark a proposed excavation site when exact site information
12 cannot be provided.
13 (11.1) To assist a facility owner in determining involvement
14 of a facility owner's lines by disclosing additional available
15 information requested by the facility owner, including
16 dimensions and the direction of proposed excavations.
17 (11.2) If using horizontal directional drilling (HDD), at a
18 minimum, to utilize the best practices published by the HDD
19 Consortium.
20 (12) The following standards shall be applied in determining
21 whether [a contractor] an excavator shall incur any obligation
22 or be subject to liability as a result of [a contractor's] an
23 excavator's demolition or excavation work damaging a facility
24 owner's facilities:
25 (i) The [contractor] excavator who has complied with the
26 terms of this act and who was not otherwise negligent shall not
27 be subject to liability or incur any obligation to facility
28 owners, operators, project owners or other persons who sustain
29 injury to person or property as a result of the [contractor's]
30 excavator's excavation or demolition work damaging a facility
20050H2223B3235 - 21 -
1 owner's lines.
2 (ii) Where [a contractor] an excavator has failed to comply
3 with the terms of this act or was otherwise negligent, and the
4 facility owner or designer has misidentified, mislocated or
5 failed to identify its facilities pursuant to this act, then in
6 computing the amount of reimbursement to which the facility
7 owner is entitled, the cost of repairing or replacing its
8 facilities shall be diminished in the same proportion that the
9 facility owner's or designer's misidentification, mislocation or
10 failure to identify the facilities contributed to the damage.
11 Should the facility owner or designer not have misidentified,
12 mislocated or failed to identify its facilities pursuant to this
13 act, there shall be no diminution of the facility owner's right
14 of recovery.
15 (13) If, after receiving information from [a] the One Call
16 System or directly from a facility owner, the [contractor]
17 excavator decides to change the location, scope or duration of a
18 proposed excavation, the obligations imposed by this section
19 shall apply to the new location.
20 (14) If [a contractor] an excavator removes its equipment
21 and vacates a worksite for more than two [working] business
22 days, he shall renotify [a] the One Call System unless other
23 arrangements have been made directly with the facility owners
24 involved in his worksite.
25 (15) When the information required from the facility owner
26 under clause (5)(i) of section 2 cannot be provided or due to
27 the nature of the information received from the facility owner,
28 it is reasonably necessary for the [contractor] excavator to
29 ascertain the precise location of any line or abandoned or
30 unclaimed lines by prudent techniques, which may include hand-
20050H2223B3235 - 22 -
1 dug test holes, vacuum excavation or other similar devices, the
2 [contractor] excavator shall promptly notify the project owner
3 or the project owner's representative, either orally or in
4 writing. After giving such notice, the [contractor] excavator
5 shall be entitled to compensation from the project owner for
6 this additional work as provided in the latest edition of the
7 Pennsylvania Department of Transportation Form 408
8 specifications for extra work performed on a force account
9 basis. The provisions of this subsection shall not be deemed to
10 limit any other rights which the [contractor] excavator has
11 under its contract with the project owner or otherwise.
12 Provisions in any contract, public or private, which attempt to
13 limit the rights of [contractors] excavators under this section
14 shall not be [waived] valid for any reason, and any attempted
15 waiver of this section shall be void and unenforceable as
16 against public policy and any such attempted waiver shall be
17 reported to the [Department of Labor and Industry] department.
18 (16) To submit an incident report to the department not more
19 than ten [working] business days after striking or otherwise
20 damaging a facility owner's line during excavation or demolition
21 activities that resulted in personal injury or property damage
22 to parties other than the affected [contractor] excavator or
23 facility owner. In addition, the incident report may be
24 furnished to the Pennsylvania Public Utility Commission and the
25 Pennsylvania Emergency Management Agency pursuant to memoranda
26 of understanding negotiated between these agencies and the
27 department.
28 (17) To comply with all requests for information by the
29 department relating to the department's enforcement authority
30 under this act within thirty days of the receipt of the request.
20050H2223B3235 - 23 -
1 (18) To, if it chooses to do so and if working for a
2 facility owner, a municipality or a municipal authority,
3 delegate the authority to discharge the duties set forth in
4 clauses (2.1) and (2.2) to its project owner, with the project
5 owner's consent. If the authority is delegated pursuant to this
6 clause, both the excavator and the project owner shall be
7 responsible for providing the required notices.
8 (19) To ensure the accuracy of any information provided to
9 the One Call System pursuant to this section.
10 Section 8. Section 6 of the act, amended December 12, 1986
11 (P.L.1574, No.172), is amended to read:
12 Section 6. [This] Except as otherwise provided in this act,
13 this act shall not be deemed to amend or repeal any other law,
14 Commonwealth regulation or any local ordinance enacted pursuant
15 to law concerning the same subject matter, it being the
16 legislative intent that any such other law or local ordinance
17 shall have full force and effect where not inconsistent with
18 this act.
19 Section 9. The act is amended by adding sections to read:
20 Section 6.1. It shall be the duty of each project owner who
21 engages in excavation or demolition work to be done within this
22 Commonwealth:
23 (1) To utilize subsurface utility engineering or other
24 similar techniques, wherever practicable, when designing complex
25 projects having an estimated cost of five hundred thousand
26 dollars ($500,000) or more.
27 (2) To timely respond to notifications received from
28 excavators pursuant to clause (15) of section 5.
29 (3) To not release to bid or construction any project until
30 after final design is completed.
20050H2223B3235 - 24 -
1 (4) To participate in design and preconstruction meetings
2 either directly or through a representative.
3 (5) To furnish the data obtained through subsurface utility
4 engineering to the One Call System in a mutually agreeable
5 format.
6 (6) For new construction and where practicable in the
7 opinion of the project owner, to install color-coded permanent
8 markers to indicate the type and location of all laterals
9 installed by the project owner.
10 Section 7. (a) The Auditor General, for the purposes set
11 forth in subsection (b), and any contractor, excavator, facility
12 owner or member of the One Call system shall have the right at
13 any time to inspect and copy any record, book, account, document
14 or any other information relating to the provision of one call
15 services by the One Call System, at the entities' own cost.
16 (b) The Auditor General may review management and financial
17 audits of the One Call System, which audits shall be performed
18 by a qualified auditing firm within this Commonwealth. A copy of
19 the audit shall be submitted to the Auditor General upon its
20 completion and to the General Assembly by October 31 of the year
21 following the end of the audit period. The actual cost of
22 reasonable expenses incurred by the Auditor General in
23 performing the obligations under this section shall be
24 reimbursed by the One Call System. The fees shall not be
25 inconsistent with those of commercial auditing firms for similar
26 work.
27 (c) The One Call System shall submit an annual report to its
28 members, and a copy of the report shall be submitted to the
29 Auditor General and to the General Assembly.
30 Section 10. Section 7.1 of the act, amended December 19,
20050H2223B3235 - 25 -
1 1996 (P.L.1460, No.187), is amended to read:
2 [Section 7.1.
3 (b) A One Call System shall be governed by a board of
4 directors, to be chosen by the facility owners. No less than
5 twenty percent of the seats on the board shall be held by
6 municipalities or municipal authorities. The board shall include
7 the following:
8 (1) The Chairman of the Pennsylvania Public Utility
9 Commission or his designee.
10 (2) The Director of the Pennsylvania Emergency Management
11 Agency or his designee.
12 (3) The Secretary of Labor and Industry or his designee.
13 (4) The Secretary of Transportation or his designee.
14 (5) A contractor or industry representative.
15 (6) A designer or industry representative.
16 (b.1) All fees are to be set by the board of directors and
17 shall be based on the latest annual audited cost factors of a
18 One Call System. Fees shall be set and adjusted to a rate not
19 more than five percent above the audited cost factor plus the
20 current average published Consumer Price Index for Pennsylvania.
21 Costs of capital improvements may be added, provided the
22 improvement receives a majority vote of the board of directors.
23 (c) The Auditor General, for the purposes set forth in
24 subsection (c.1), and any contractor, facility owner or member
25 of a One Call System shall have the right at any time to inspect
26 and copy any record, book, account, document or any other
27 information relating to the provision of one call services by a
28 One Call System at his own cost.
29 (c.1) The Auditor General shall conduct a biennial
30 performance and financial audit of a One Call System. A copy of
20050H2223B3235 - 26 -
1 the audit conducted by the Auditor General under this paragraph
2 shall be submitted to the General Assembly no later than one
3 hundred and eighty days following the end of the audit period.
4 The actual cost of reasonable expenses incurred by the Auditor
5 General in performing his obligations under this section shall
6 be reimbursed by a One Call System. Such fees shall not be
7 inconsistent with those of commercial auditing firms for similar
8 work.
9 (c.2) A One Call System shall submit an annual report to its
10 members, and a copy of the report shall be submitted to the
11 General Assembly.
12 (g) Any contractor, designer or operator who proposes to
13 commence excavation or demolition work and requests information
14 of a One Call System shall be charged a fee for the service
15 received from a One Call System. Such fee shall be used to
16 offset the operation cost levied on the political subdivision
17 and municipal authority members in lieu of additional fees
18 charged for locations specifically related to this act.]
19 Section 11. Section 7.2 of the act, amended November 30,
20 2004 (P.L.1567, No.199), is amended to read:
21 Section 7.2. (a) Any person violating any of the provisions
22 of this act, except clauses (1) and (2) of section 2, commits a
23 summary offense and shall, upon conviction, be sentenced to pay
24 a fine of not less than two thousand five hundred dollars
25 ($2,500) nor more than [twenty-five thousand dollars ($25,000)]
26 fifty thousand dollars ($50,000) or undergo imprisonment for not
27 more than ninety days, or both. The Attorney General of the
28 Commonwealth or any district attorney may enforce the provisions
29 of this act in any court of competent jurisdiction. The
30 department, in consultation with the Attorney General, may also
20050H2223B3235 - 27 -
1 enforce the provisions of this act in any court of competent
2 jurisdiction. A facility owner may petition any court of
3 competent jurisdiction to enjoin any excavation or demolition
4 work conducted in violation of this act. Government law
5 enforcement and emergency management personnel may instruct
6 excavators acting in violation of this act to cease and desist
7 from such activity.
8 (b) Fines levied under subsection (a) shall be determined
9 according to the following schedule:
10 (1) Where violations result in property damage that does not
11 exceed three thousand dollars ($3,000), the fine shall not
12 exceed [three thousand dollars ($3,000)] five thousand dollars
13 ($5,000).
14 (2) Where violations result in property damage of more than
15 three thousand dollars ($3,000), the fine shall not exceed [five
16 thousand dollars ($5,000)] ten thousand dollars ($10,000).
17 (3) For violations which result in personal injury or death,
18 the fine shall not exceed [twenty-five thousand dollars
19 ($25,000)] fifty thousand dollars ($50,000).
20 (c) The following factors shall be considered in determining
21 the fine to be assessed:
22 (1) The degree of the party's compliance with the statute
23 prior to date of the violation.
24 (2) The amount of personal and property damage caused by the
25 party's noncompliance.
26 (3) The degree of threat to the public safety and
27 inconvenience caused by the party's noncompliance.
28 (4) The party's plans and procedures to insure future
29 compliance with statutes and regulations.
30 (c.1) In addition to any other sanctions provided by this
20050H2223B3235 - 28 -
1 act, the department shall have the authority to issue warnings
2 and orders requiring compliance with this act and may levy
3 administrative penalties for violations of this act. Any
4 warning, order or penalty shall be served on the person or
5 entity violating the act at their last known address. The
6 department shall consider the factors set forth in subsection
7 (c) in determining the administrative penalty to be assessed.
8 Any party aggrieved by the imposition of an order or
9 administrative penalty imposed by the department may appeal such
10 order or penalty as provided in 2 Pa.C.S. Ch. 5 Subch. A
11 (relating to practice and procedure of Commonwealth agencies)
12 and Ch. 7 Subch. A (relating to review of Commonwealth agency
13 action).
14 (c.2) Administrative penalties imposed by the department
15 under subsection (c.1) shall be determined according to the
16 following schedule:
17 (1) Any person or entity violating the provisions of clauses
18 (1) and (2) of section 2 may be subject to an administrative
19 penalty not to exceed five hundred dollars ($500) per day. Each
20 day of noncompliance shall constitute a separate violation.
21 (2) Any person or entity receiving three or more warnings in
22 a calendar year may be subject to an administrative penalty not
23 to exceed five hundred dollars ($500).
24 (3) Where violations result in property damage that does not
25 exceed ten thousand dollars ($10,000), the administrative
26 penalty may not exceed one thousand dollars ($1,000).
27 (4) Where violations result in property damage of more than
28 ten thousand dollars ($10,000), the administrative penalty may
29 not exceed five thousand dollars ($5,000).
30 (5) For violations that result in personal injury or death,
20050H2223B3235 - 29 -
1 the administrative penalty may not exceed ten thousand dollars
2 ($10,000).
3 (d) All fines and penalties recovered under this section
4 shall be payable to the Attorney General, district attorney or
5 the department, whichever brought the action, and collected in
6 the manner provided for by law. [To the extent that the expenses
7 incurred by the department in enforcing this act exceed the
8 fines collected by the department under this section, the
9 department may assess a charge for the remaining reasonable
10 expenses from a One Call System pursuant to a written agreement
11 between the parties.] Payments in settlement of administrative
12 sanctions imposed by the department shall be used by the
13 department to support public education efforts that minimize
14 underground damage and may be expended by the department to
15 sponsor damage prevention activities of the One Call System.
16 (e) The provisions of this act shall not affect any civil
17 remedies for personal injury or property damage, except as
18 otherwise specifically provided for in this act.
19 (f) The secretary or his designee shall have the authority
20 to issue subpoenas, upon application of an attorney responsible
21 for representing the Commonwealth in actions before the
22 department, for the purpose of investigating alleged violations
23 of this act. The department shall have the power to subpoena
24 witnesses and compel the production of books, records, papers
25 and documents as it deems necessary or pertinent to an
26 investigation or hearing.
27 Section 12. Section 7.6 of the act, added December 19, 1996
28 (P.L.1460, No.187), is amended to read:
29 [Section 7.6. This act shall not apply to any of the
30 following pipeline systems and facilities:
20050H2223B3235 - 30 -
1 (1) Oil and gas production or gathering pipeline systems
2 constructed with pipe measuring less than three inches inside
3 diameter which are designed to collect and transport crude oil
4 or natural gas from the wellhead to the point of custody
5 transfer, provided such systems are permanently marked or staked
6 where they cross public highway rights-of-way or the boundary of
7 property which is owned in fee by the owner of the gathering
8 pipeline system.
9 (2) Any continuous one-mile length of a crude oil or natural
10 gas production or gathering pipeline system constructed with
11 pipe measuring three inches inside diameter or larger which is
12 designed principally to collect and transport crude oil or
13 natural gas from the wellhead to the point of custody transfer
14 where no more than fifty buildings intended for permanent
15 residential occupancy are located within two hundred twenty
16 yards on either side of the center line of the one-mile length
17 of pipeline.]
18 Section 13. The act is amended by adding sections to read:
19 Section 7.7. The One Call System shall have the authority to
20 design, establish and administer a voluntary dispute resolution
21 process which may be used by excavators, facility owners,
22 designers, project owners and other involved persons.
23 Section 7.8. Except as otherwise provided for by this act, a
24 person shall use their best efforts to comply with the Common
25 Ground Alliance Best Practices.
26 Section 7.9. No person shall maliciously remove or tamper
27 with a marking provided for under this act.
28 Section 14. Section 7.7 of the act, added December 19, 1996
29 (P.L.1460, No.187), is amended to read:
30 Section [7.7] 8. This act shall expire on December 31,
20050H2223B3235 - 31 -
1 [2006] 2016.
2 Section 15. Repeals are as follows:
3 (1) The General Assembly declares that the repeal under
4 paragraph (2) is necessary to effectuate the amendment of the
5 title of the act and to cause certain liquefied petroleum gas
6 facilities or distributors to be subject to this act.
7 (2) The provisions of section 19 act of June 19, 2002
8 (P.L.421, No.61), known as the Propane and Liquefied
9 Petroleum Gas Act, is repealed to the extent that it
10 prohibits certain liquefied petroleum gas facilities or
11 distributors from being subject to this act.
12 Section 16. This act shall take effect in 60 days.
13 SECTION 1. THE TITLE OF THE ACT OF DECEMBER 10, 1974 <--
14 (P.L.852, NO.287), REFERRED TO AS THE UNDERGROUND UTILITY LINE
15 PROTECTION LAW, IS AMENDED TO READ:
16 AN ACT
17 TO PROTECT THE PUBLIC HEALTH AND SAFETY BY PREVENTING EXCAVATION
18 OR DEMOLITION WORK FROM DAMAGING UNDERGROUND LINES USED IN
19 PROVIDING ELECTRICITY, COMMUNICATION, GAS, PROPANE, OIL
20 DELIVERY, OIL PRODUCT DELIVERY, SEWAGE, WATER OR OTHER
21 SERVICE; IMPOSING DUTIES UPON THE PROVIDERS OF SUCH SERVICE,
22 RECORDERS OF DEEDS, AND PERSONS AND OTHER ENTITIES PREPARING
23 DRAWINGS OR PERFORMING EXCAVATION OR DEMOLITION WORK; AND
24 PRESCRIBING PENALTIES.
25 SECTION 2. SECTION 1 OF THE ACT, AMENDED NOVEMBER 30, 2004
26 (P.L.1567, NO.199), IS AMENDED TO READ:
27 SECTION 1. AS USED IN THIS ACT:
28 "ABANDONED" MEANS NO LONGER IN SERVICE AND PHYSICALLY
29 DISCONNECTED FROM A LINE.
30 "BUSINESS DAY" MEANS ANY DAY EXCEPT A SATURDAY, SUNDAY OR
20050H2223B3235 - 32 -
1 LEGAL HOLIDAY PRESCRIBED BY STATUTE. A BUSINESS DAY BEGINS AT
2 12:00:00 A.M. AND ENDS AT 11:59:59 P.M.
3 "CARTWAY" MEANS THAT PORTION OF A STREET WHICH IS IMPROVED BY
4 SURFACING WITH PERMANENT OR SEMIPERMANENT MATERIAL AND IS
5 INTENDED FOR VEHICULAR TRAFFIC.
6 "COMMON GROUND ALLIANCE BEST PRACTICES" MEANS THE DAMAGE
7 PREVENTION INDUSTRY RECOMMENDED STANDARDS ISSUED BY THE COMMON
8 GROUND ALLIANCE, A NOT-FOR-PROFIT CORPORATION CREATED PURSUANT
9 TO THE ISSUANCE OF THE UNITED STATES DEPARTMENT OF
10 TRANSPORTATION'S COMMON GROUND TASK FORCE REPORT IN 1999.
11 "COMPLEX PROJECT" MEANS AN EXCAVATION THAT INVOLVES MORE WORK
12 THAN PROPERLY CAN BE DESCRIBED IN A SINGLE LOCATE REQUEST OR ANY
13 PROJECT DESIGNATED AS SUCH BY THE EXCAVATOR AS A CONSEQUENCE OF
14 ITS COMPLEXITY OR ITS POTENTIAL TO CAUSE SIGNIFICANT DISRUPTION
15 TO LINES OR FACILITIES AND THE PUBLIC, INCLUDING EXCAVATIONS
16 THAT REQUIRE SCHEDULING LOCATES OVER AN EXTENDED TIME FRAME.
17 "CONSUMER PRICE INDEX" MEANS THE INDEX OF CONSUMER PRICES
18 DEVELOPED AND UPDATED BY THE BUREAU OF LABOR STATISTICS OF THE
19 UNITED STATES DEPARTMENT OF LABOR.
20 ["CONTRACTOR" MEANS ANY PERSON WHO OR WHICH PERFORMS
21 EXCAVATION OR DEMOLITION WORK FOR HIMSELF OR FOR ANOTHER
22 PERSON.]
23 "CONTINUING PROPERTY RECORDS" MEANS A RECORD REQUIRED
24 PURSUANT TO 66 PA.C.S. § 1702 (RELATING TO CONTINUING PROPERTY
25 RECORDS).
26 "CULVERT" MEANS A SEWER OR DRAIN CROSSING A ROAD OR
27 EMBANKMENT, A PART OF A ROAD OR EMBANKMENT THAT PASSES OVER A
28 SEWER OR DRAIN OR THE CHANNEL OR CONDUIT FOR A SEWER OR DRAIN.
29 "DEMOLITION WORK" MEANS THE PARTIAL OR COMPLETE DESTRUCTION
30 OF A STRUCTURE, BY ANY MEANS, SERVED BY OR ADJACENT TO A LINE OR
20050H2223B3235 - 33 -
1 LINES.
2 "DEPARTMENT" MEANS THE DEPARTMENT OF LABOR AND INDUSTRY OF
3 THE COMMONWEALTH.
4 "DESIGNER" MEANS ANY ARCHITECT, ENGINEER OR OTHER PERSON WHO
5 OR WHICH PREPARES A DRAWING FOR A CONSTRUCTION OR OTHER PROJECT
6 WHICH REQUIRES EXCAVATION OR DEMOLITION WORK AS HEREIN DEFINED.
7 "EMERGENCY" MEANS A SUDDEN OR UNFORESEEN OCCURRENCE INVOLVING
8 A CLEAR AND IMMEDIATE DANGER TO LIFE [OR], PROPERTY AND THE
9 ENVIRONMENT, INCLUDING, BUT NOT LIMITED TO, SERIOUS BREAKS OR
10 DEFECTS IN A FACILITY OWNER'S LINES.
11 "EXCAVATION WORK" MEANS THE USE OF POWERED EQUIPMENT OR
12 EXPLOSIVES IN THE MOVEMENT OF EARTH, ROCK OR OTHER MATERIAL, AND
13 INCLUDES BUT IS NOT LIMITED TO ANCHORING, AUGERING, BACKFILLING,
14 BLASTING, BORING, DIGGING, DITCHING, DRILLING, DRIVING-IN,
15 GRADING, PLOWING-IN, PULLING-IN, RIPPING, SCRAPING, TRENCHING
16 AND TUNNELING, BUT DOES NOT INCLUDE SOFT EXCAVATION TECHNOLOGY
17 SUCH AS VACUUM, HIGH PRESSURE AIR OR WATER, TILLING OF SOIL FOR
18 AGRICULTURAL PURPOSES TO A DEPTH OF LESS THAN EIGHTEEN INCHES,
19 THE DIRECT OPERATIONS NECESSARY OR INCIDENTAL TO THE PURPOSES OF
20 FINDING OR EXTRACTING NATURAL RESOURCES[,] OR THE DEPARTMENT OF
21 TRANSPORTATION AND POLITICAL SUBDIVISIONS PERFORMING MINOR
22 ROUTINE MAINTENANCE UP TO A DEPTH OF [LESS THAN EIGHTEEN] TWELVE
23 INCHES WITHIN THE [RIGHT-OF-WAY OF] CARTWAY OF PUBLIC ROADS OR
24 [EMPLOYES OF THE DEPARTMENT OF TRANSPORTATION PERFORMING WITHIN
25 THE SCOPE OF THEIR EMPLOYMENT WORK UP TO A DEPTH OF TWENTY-FOUR
26 INCHES BENEATH THE EXISTING SURFACE WITHIN THE RIGHT-OF-WAY OF A
27 STATE HIGHWAY.] WITHIN SIX INCHES OF THE REMAINING RIGHT-OF-WAY
28 OF PUBLIC ROADS.
29 "EXCAVATOR" MEANS ANY PERSON WHO OR WHICH PERFORMS EXCAVATION
30 OR DEMOLITION WORK FOR HIMSELF OR FOR ANOTHER PERSON.
20050H2223B3235 - 34 -
1 "FACILITY OWNER" MEANS THE PUBLIC UTILITY OR AGENCY,
2 POLITICAL SUBDIVISION, MUNICIPALITY, AUTHORITY, RURAL ELECTRIC
3 COOPERATIVE OR OTHER PERSON OR ENTITY WHO OR WHICH OWNS OR
4 OPERATES A LINE. [THE TERM DOES NOT INCLUDE THE DEPARTMENT OF
5 TRANSPORTATION WITHIN A STATE HIGHWAY RIGHT-OF-WAY.]
6 "FINAL DESIGN" MEANS THE ENGINEERING AND CONSTRUCTION
7 DRAWINGS THAT ARE PROVIDED TO A BIDDER OR OTHER PERSON WHO IS
8 ASKED TO INITIATE CONSTRUCTION ON THE BID DATE OR THE DATE THE
9 PROJECT IS SET FOR CONSTRUCTION IN THE ABSENCE OF A BID.
10 "HORIZONTAL DIRECTIONAL DRILLING" MEANS THE USE OF HORIZONTAL
11 BORING DEVICES THAT CAN BE GUIDED BETWEEN A LAUNCH POINT AND A
12 RECEPTION POINT BENEATH THE EARTH'S SURFACE.
13 "LINE" OR "FACILITY" MEANS AN UNDERGROUND CONDUCTOR OR
14 UNDERGROUND PIPE OR STRUCTURE USED IN PROVIDING ELECTRIC OR
15 COMMUNICATION SERVICE, OR AN UNDERGROUND PIPE USED IN CARRYING,
16 GATHERING, TRANSPORTING OR PROVIDING NATURAL PETROLEUM OR
17 ARTIFICIAL GAS, PROPANE, OIL OR [OIL] PETROLEUM AND PRODUCTION
18 PRODUCT, SEWAGE, WATER OR OTHER SERVICE TO ONE OR MORE
19 TRANSPORTATION CARRIERS, CONSUMERS OR CUSTOMERS OF SUCH SERVICE
20 AND THE APPURTENANCES THERETO, REGARDLESS OF WHETHER SUCH LINE
21 OR STRUCTURE IS LOCATED ON LAND OWNED BY A PERSON OR PUBLIC
22 AGENCY OR WHETHER IT IS LOCATED WITHIN AN EASEMENT OR RIGHT-OF-
23 WAY. THE TERM INCLUDES STORM DRAINAGE [AND TRAFFIC LOOPS.],
24 TRAFFIC CONTROL LOOPS AND PIPES OR STRUCTURES THAT TRANSPORT OR
25 STORE HAZARDOUS WASTE OR HAZARDOUS MATERIALS AS DEFINED BY A
26 FEDERAL OR STATE STATUTE, REGARDLESS OF WHETHER THE PIPES OR
27 STRUCTURES PROVIDE SERVICE TO TRANSPORTATION CARRIERS, CUSTOMERS
28 OR CONSUMERS.
29 "LOCATE REQUEST" MEANS A COMMUNICATION BETWEEN AN EXCAVATOR
30 OR DESIGNER AND THE ONE CALL SYSTEM IN WHICH A REQUEST FOR
20050H2223B3235 - 35 -
1 LOCATING FACILITIES IS PROCESSED.
2 "MINOR ROUTINE MAINTENANCE" MEANS SHAPING OF OR ADDING DUST
3 PALLIATIVE TO UNPAVED ROADS, REMOVAL AND APPLICATION OF PATCHES
4 TO THE SURFACE OR BASE OF FLEXIBLE BASE, RIGID BASE OR RIGID
5 SURFACE ROADS BY EITHER MANUAL OR MECHANIZED METHOD TO THE
6 EXTENT OF THE EXISTING EXPOSED BASE MATERIAL, CRACK AND JOINT
7 SEALING, ADDING DUST PALLIATIVE TO ROAD SHOULDERS, PATCHING OF
8 SHOULDERS AND SHOULDER BASES BY EITHER MANUAL OR MECHANIZED
9 METHODS TO THE EXTENT OF THE EXISTING EXPOSED BASE, AND CLEANING
10 OF INLETS AND DRAINAGE PIPES AND DITCHES.
11 "ONE CALL SYSTEM" MEANS [A] THE COMMUNICATION SYSTEM
12 ESTABLISHED WITHIN THIS COMMONWEALTH TO PROVIDE A SINGLE
13 NATIONWIDE TOLL-FREE TELEPHONE NUMBER FOR [CONTRACTORS]
14 EXCAVATORS OR DESIGNERS OR ANY OTHER PERSON COVERED BY THIS ACT
15 TO CALL FACILITY OWNERS AND NOTIFY THEM OF THEIR INTENT TO
16 PERFORM EXCAVATION, DEMOLITION OR SIMILAR WORK AS DEFINED BY
17 THIS ACT. [A] THE ONE CALL SYSTEM SHALL BE INCORPORATED AND
18 OPERATED AS A NONPROFIT CORPORATION PURSUANT TO 15 PA.C.S. PT.
19 II SUBPT. C (RELATING TO NONPROFIT CORPORATIONS).
20 "OPERATOR" MEANS ANY INDIVIDUAL IN PHYSICAL CONTROL OF
21 POWERED EQUIPMENT OR EXPLOSIVES WHEN BEING USED TO PERFORM
22 EXCAVATION OR DEMOLITION WORK.
23 ["OWNER" MEANS ANY PERSON WHO OR WHICH ENGAGES A CONTRACTOR
24 FOR CONSTRUCTION OR ANY OTHER PROJECT WHICH REQUIRES EXCAVATION
25 OR DEMOLITION WORK AS HEREIN DEFINED.]
26 "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
27 POLITICAL SUBDIVISION, A MUNICIPAL AUTHORITY, THE COMMONWEALTH
28 AND ITS AGENCIES AND INSTRUMENTALITIES, OR ANY OTHER ENTITY.
29 "POWERED EQUIPMENT" MEANS ANY EQUIPMENT ENERGIZED BY AN
30 ENGINE OR MOTOR AND USED IN EXCAVATION OR DEMOLITION WORK.
20050H2223B3235 - 36 -
1 "PROJECT OWNER" MEANS ANY PERSON WHO OR WHICH ENGAGES AN
2 EXCAVATOR FOR CONSTRUCTION OR ANY OTHER PROJECT WHICH REQUIRES
3 EXCAVATION OR DEMOLITION WORK.
4 "SECRETARY" MEANS THE SECRETARY OF LABOR AND INDUSTRY OF THE
5 COMMONWEALTH.
6 "SITE" MEANS THE SPECIFIC PLACE DENOTED ON THE LOCATE REQUEST
7 WHERE EXCAVATION OR DEMOLITION WORK IS BEING OR IS PLANNED TO BE
8 PERFORMED. A SITE SHOULD BE DENOTED AS A CLEARLY DEFINED,
9 BOUNDED AREA, INCLUDING RELEVANT IDENTIFIABLE POINTS OF
10 REFERENCE SUCH AS THE SPECIFIC ADDRESS WITH A SPECIFIC
11 DESCRIPTION AS TO THE PORTION OF THE PROPERTY, INCLUDING
12 DESCRIPTIONS SUCH AS FRONT, BACK, LEFT SIDE, RIGHT SIDE AND
13 DIRECTION SUCH AS N, S, E, W OR VARIANTS. WHERE POSSIBLE, THE
14 POINTS SHOULD ALSO REFERENCE, WITHOUT LIMITATION, THE SIZE AND
15 RADIUS OR CIRCUMFERENCE OF THE EXCAVATION, UTILITY PAD OR
16 PEDESTAL NUMBERS, UTILITY POLE NUMBERS, LANDMARKS, INCLUDING
17 TREES, FOUNTAINS, FENCES, RAILROADS, HIGHWAY AND PIPELINE
18 MARKERS, AND LATITUDE AND LONGITUDE.
19 "SUBSURFACE UTILITY ENGINEERING" OR "(SUE)" MEANS THOSE
20 TECHNIQUES SET FORTH IN THE AMERICAN SOCIETY OF CIVIL ENGINEERS
21 (ASCE) STANDARD CI/ASCE 38-02, OR ITS SUCCESSOR DOCUMENT AS
22 DETERMINED BY THE ONE CALL SYSTEM.
23 "TRAFFIC LOOP" MEANS A DEVICE THAT DETECTS METAL OBJECT SUCH
24 AS CARS AND BICYCLES BASED ON THE CHANGE IN INDUCTANCE THAT THEY
25 INDUCE IN THE DEVICE.
26 "TOLERANCE ZONE" MEANS THE HORIZONTAL SPACE WITHIN EIGHTEEN
27 INCHES OF THE OUTSIDE WALL OR EDGE OF A LINE OR FACILITY.
28 ["WORKING DAY" MEANS ANY DAY EXCEPT A SATURDAY, SUNDAY OR
29 LEGAL HOLIDAY PRESCRIBED BY ACT OF THE GENERAL ASSEMBLY.]
30 SECTION 3. SECTIONS 2 AND 3 OF THE ACT, AMENDED NOVEMBER 30,
20050H2223B3235 - 37 -
1 2004 (P.L.1567, NO.199), ARE AMENDED TO READ:
2 SECTION 2. IT SHALL BE THE DUTY OF EACH FACILITY OWNER:
3 (1) TO BE A MEMBER OF AND GIVE WRITTEN NOTICE TO [A] THE ONE
4 CALL SYSTEM. SUCH NOTICE SHALL BE IN A FORM ACCEPTABLE TO [A]
5 THE ONE CALL SYSTEM AND INCLUDE:
6 (I) THE LEGAL NAME OF THE FACILITY OWNER[;] AND THEIR
7 OFFICIAL MAILING ADDRESS;
8 (II) THE NAMES OF THE COUNTIES AND MUNICIPALITIES, DOWN TO
9 AND INCLUDING WARDS IN PHILADELPHIA, PITTSBURGH, ALLENTOWN AND
10 ERIE, IN WHICH ITS LINES ARE LOCATED AND OTHER RELATED
11 INFORMATION AS MAY BE REQUIRED BY THE ONE CALL SYSTEM REGARDING
12 THE LOCATION OF A MEMBER'S FACILITIES;
13 (III) THE FACILITY OWNER'S ADDRESS (BY STREET, NUMBER AND
14 POLITICAL SUBDIVISION), AND THE TELEPHONE NUMBER AND FAX NUMBER,
15 IF AVAILABLE, TO WHICH INQUIRIES MAY BE DIRECTED AS TO THE
16 LOCATION OF SUCH LINES; [AND]
17 (IV) [AT THE OPTION OF ANY FACILITY OWNER,] THE STREET
18 IDENTIFICATIONS[, WITHIN OR OUTSIDE OF THE MUNICIPALITY] OR LIKE
19 INFORMATION WITHIN EACH OF THE MUNICIPALITIES IN WHICH ITS LINES
20 ARE LOCATED. THIS INFORMATION SHALL BE IN A FORM ACCEPTABLE TO
21 [A] THE ONE CALL SYSTEM. [AND SHALL INCLUDE THE NAMES OF STREETS
22 BOUNDING, CROSSING OR ADJACENT TO THE FACILITY OWNER'S LINES.]
23 UPON [RECEIPT OF A SIGNED STREET IDENTIFICATION LIST] ACCEPTANCE
24 OF THE INFORMATION FROM A FACILITY OWNER, [A] THE ONE CALL
25 SYSTEM SHALL PROVIDE THE FACILITY OWNER WITH NOTIFICATION WITHIN
26 THE BOUNDARIES DESCRIBED [IN THE STREET IDENTIFICATION LIST].
27 ALL FACILITY OWNERS [WHICH OPT FOR THIS SERVICE] SHALL AGREE TO
28 INDEMNIFY AND HOLD HARMLESS [A] THE ONE CALL SYSTEM FOR ANY
29 STREET IDENTITY ERRORS AND OMISSIONS ON THE PART OF THE FACILITY
30 OWNER OR THE [CONTRACTOR] EXCAVATOR OR DESIGNER PROVIDING
20050H2223B3235 - 38 -
1 [STREET IDENTIFICATIONS.] THE INFORMATION AS THE AGENT OF THE
2 FACILITY OWNER; AND
3 (V) ANY OTHER INFORMATION REQUIRED BY THE ONE CALL SYSTEM.
4 (2) [TO GIVE TO A ONE CALL SYSTEM LIKE WRITTEN NOTICE WITHIN
5 FIVE WORKING DAYS AFTER ANY OF THE MATTERS STATED IN THE LAST
6 PREVIOUS NOTICE SHALL HAVE CHANGED.] TO PROVIDE THE ONE CALL
7 SYSTEM, WITHIN FIVE BUSINESS DAYS, WITH ANY REVISED INFORMATION
8 REQUIRED UNDER THIS SECTION.
9 (4) NOT MORE THAN TEN [WORKING] BUSINESS DAYS AFTER RECEIPT
10 OF A REQUEST [THEREFOR] FROM A DESIGNER WHO IDENTIFIES THE SITE
11 OF EXCAVATION OR DEMOLITION WORK FOR WHICH HE IS PREPARING A
12 DRAWING, TO INITIALLY RESPOND TO HIS REQUEST FOR INFORMATION AS
13 TO THE POSITION AND TYPE OF THE FACILITY OWNER'S LINES AT SUCH
14 SITE BASED ON THE INFORMATION CURRENTLY IN THE FACILITY OWNER'S
15 POSSESSION[.] OR TO MARK THE PLANS WHICH HAVE BEEN PROVIDED TO
16 IT BY THE DESIGNER BY FIELD LOCATION OR BY ANOTHER METHOD AGREED
17 TO BY THE DESIGNER, EXCAVATOR AND FACILITY OWNER, OR THEIR
18 AGENT. THE FACILITY OWNER SHALL SO ADVISE THE PERSON MAKING THE
19 REQUEST OF THE FACILITY OWNER'S STATUS AT THE SITE THROUGH [A]
20 THE ONE CALL SYSTEM.
21 (5) [NOT MORE THAN TWO WORKING DAYS AFTER] AFTER RECEIPT OF
22 A TIMELY REQUEST [THEREFOR] FROM [A CONTRACTOR] AN EXCAVATOR OR
23 OPERATOR WHO IDENTIFIES THE SITE OF EXCAVATION OR DEMOLITION
24 WORK HE INTENDS TO PERFORM[:] AND NOT LATER THAN THE BUSINESS
25 DAY PRIOR TO THE SCHEDULED DATE OF EXCAVATION:
26 (I) TO MARK, STAKE, LOCATE OR OTHERWISE PROVIDE THE POSITION
27 OF THE FACILITY OWNER'S UNDERGROUND LINES AT THE SITE WITHIN
28 EIGHTEEN INCHES HORIZONTALLY FROM THE OUTSIDE WALL OF SUCH LINE
29 IN A MANNER SO AS TO ENABLE THE [CONTRACTOR] EXCAVATOR, WHERE
30 APPROPRIATE, TO EMPLOY PRUDENT TECHNIQUES, WHICH MAY INCLUDE
20050H2223B3235 - 39 -
1 HAND-DUG TEST HOLES, TO DETERMINE THE PRECISE POSITION OF THE
2 UNDERGROUND FACILITY OWNER'S LINES. THIS SHALL BE DONE TO THE
3 EXTENT SUCH INFORMATION IS AVAILABLE IN THE FACILITY OWNER'S
4 RECORDS OR BY USE OF STANDARD LOCATING TECHNIQUES OTHER THAN
5 EXCAVATION. IN THE EXCAVATION PHASE, FACILITY OWNERS SHALL MAKE
6 REASONABLE EFFORTS TO LOCATE OR NOTIFY EXCAVATORS OF THE
7 EXISTENCE AND TYPE OF ABANDONED LINES THAT REMAIN ON THEIR
8 CONTINUING PROPERTY RECORDS.
9 (I.1) [A] TO, WHERE CONTAINED ON ITS CONTINUING PROPERTY
10 RECORDS, [FACILITY OWNER MAY] IDENTIFY THE LOCATION OF [A KNOWN
11 FACILITY CONNECTED] AN ACTUALLY KNOWN FACILITY'S POINT OF
12 CONNECTION TO ITS FACILITIES, [BUT] WHERE THE POINT OF
13 CONNECTION IS NOT OWNED OR OPERATED BY THE FACILITY OWNER[, AS A
14 HELPFUL GUIDE TO THE EXCAVATOR OR OWNER]. THE IDENTIFICATION
15 SHALL NOT BE DEEMED TO IMPOSE ANY LIABILITY UPON THE FACILITY
16 OWNER FOR THE ACCURACY OF THE [PRIVATE FACILITY] OTHER
17 FACILITY'S IDENTIFICATION.
18 (II) [A FACILITY OWNER,] TO, AT ITS OPTION, [MAY] TIMELY
19 ELECT TO EXCAVATE AROUND ITS FACILITIES IN FULFILLMENT OF THIS
20 SUBPARAGRAPH.
21 (III) TO PROPOSE MUTUALLY AGREEABLE SCHEDULING BY WHICH THE
22 EXCAVATOR, FACILITY OWNER OR DESIGNER MAY LOCATE THE FACILITIES.
23 (V) TO RESPOND TO ALL NOTICES THROUGH [A] THE ONE CALL
24 SYSTEM, PROVIDED THE REQUEST IS MADE IN THE TIME FRAME SET FORTH
25 UNDER THIS ACT. THE RESPONSE SHALL BE MADE NOT LATER THAN THE
26 END OF THE SECOND BUSINESS DAY FOLLOWING RECEIPT OF THE
27 NOTIFICATION BY THE ONE CALL SYSTEM, EXCLUDING THE BUSINESS DAY
28 UPON WHICH THE NOTIFICATION IS RECEIVED, OR NOT LATER THAN THE
29 DAY PRIOR TO THE SCHEDULED DATE OF EXCAVATION, IF THE EXCAVATOR
30 SPECIFIES A LATER DATE. IN THE CASE OF AN EMERGENCY, TO RESPOND
20050H2223B3235 - 40 -
1 THROUGH THE ONE CALL SYSTEM AS SOON AS PRACTICABLE FOLLOWING
2 RECEIPT OF NOTIFICATION OF THE EMERGENCY BY THE ONE CALL SYSTEM.
3 (VI) IN MARKING THE APPROXIMATE POSITION OF UNDERGROUND
4 LINES OR FACILITIES, THE FACILITY OWNER SHALL FOLLOW [AMERICAN
5 PUBLIC WORKS ASSOCIATION AND UTILITY LOCATING AND COORDINATION
6 COUNCIL TEMPORARY MARKING STANDARDS.] THE COMMON GROUND ALLIANCE
7 BEST PRACTICES FOR TEMPORARY MARKING SET FORTH IN ANSI STANDARD
8 7535.1. SHOULD THE AMERICAN PUBLIC WORKS ASSOCIATION [AND
9 UTILITY LOCATING AND COORDINATION COUNCIL TEMPORARY MARKING
10 STANDARDS] BE AMENDED, THE AMENDED [STANDARDS] GUIDELINES SHALL
11 BE APPLIED AND FOLLOWED. IF THE AMERICAN PUBLIC WORKS
12 ASSOCIATION NO LONGER PUBLISHES GUIDELINES FOR TEMPORARY
13 MARKINGS OR IF THE RESPONSIBILITY FOR PUBLISHING THE GUIDELINES
14 IS TRANSFERRED TO OR ASSUMED BY ANOTHER ENTITY, THE FACILITY
15 OWNER SHALL FOLLOW THE GUIDELINES PUBLISHED BY THE OTHER ENTITY,
16 AS APPROVED BY THE ONE CALL SYSTEM'S BOARD OF DIRECTORS.
17 (VII) TO RESPOND TO [EMERGENCIES] EMERGENCY NOTIFICATIONS AS
18 SOON AS [PRACTICAL] PRACTICABLE FOLLOWING RECEIPT OF
19 NOTIFICATION OF SUCH EMERGENCY. THE RESPONSE BY THE FACILITY
20 OWNER SHALL BE CONSISTENT WITH THE NATURE OF THE EMERGENCY
21 INFORMATION RECEIVED BY THE FACILITY OWNER.
22 (VIII) TO PARTICIPATE IN PRECONSTRUCTION MEETINGS FOR A
23 COMPLEX PROJECT OR AS DESCRIBED IN CLAUSE (3) OF SECTION 5.
24 [(8) OPERATION COSTS FOR A ONE CALL SYSTEM SHALL BE SHARED,
25 IN AN EQUITABLE MANNER FOR SERVICES RECEIVED, BY FACILITY OWNER
26 MEMBERS AS DETERMINED BY A ONE CALL SYSTEM'S BOARD OF DIRECTORS.
27 POLITICAL SUBDIVISIONS WITH A POPULATION OF LESS THAN TWO
28 THOUSAND PERSONS OR MUNICIPAL AUTHORITIES HAVING AN AGGREGATE
29 POPULATION IN THE AREA SERVED BY THE MUNICIPAL AUTHORITY OF LESS
30 THAN FIVE THOUSAND PERSONS SHALL BE EXEMPT FROM PAYMENT OF ANY
20050H2223B3235 - 41 -
1 SERVICE FEE.]
2 (9) IF A FACILITY OWNER FAILS TO BECOME A MEMBER OF [A] THE
3 ONE CALL SYSTEM IN VIOLATION OF THIS ACT AND A LINE OR LINES OF
4 SUCH NONMEMBER FACILITY OWNER ARE DAMAGED BY [A CONTRACTOR] AN
5 EXCAVATOR BY REASON OF THE [CONTRACTOR'S] EXCAVATOR'S FAILURE TO
6 NOTIFY THE FACILITY OWNER BECAUSE THE FACILITY OWNER WAS NOT A
7 MEMBER OF [A] THE ONE CALL SYSTEM SERVING THE LOCATION WHERE THE
8 DAMAGE OCCURRED, SUCH FACILITY OWNER SHALL HAVE NO RIGHT OF
9 RECOVERY FROM THE [CONTRACTOR] EXCAVATOR OF ANY COSTS ASSOCIATED
10 WITH THE DAMAGE TO ITS LINES. THE RIGHT HEREIN GRANTED SHALL NOT
11 BE IN LIMITATION OF ANY OTHER RIGHTS OF THE [CONTRACTOR]
12 EXCAVATOR.
13 (10) TO SUBMIT AN INCIDENT REPORT TO THE DEPARTMENT NOT MORE
14 THAN TEN [WORKING] BUSINESS DAYS AFTER RECEIPT OF NOTICE THAT
15 THE FACILITY OWNER'S LINES HAVE BEEN DAMAGED BY EXCAVATION OR
16 DEMOLITION ACTIVITIES THAT RESULTED IN PERSONAL INJURY OR IN
17 PROPERTY DAMAGE TO PARTIES OTHER THAN THE AFFECTED EXCAVATOR OR
18 FACILITY OWNER. IN ADDITION, THE INCIDENT REPORT MAY LIKEWISE BE
19 FURNISHED TO THE PENNSYLVANIA PUBLIC UTILITY COMMISSION AND THE
20 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY PURSUANT TO MEMORANDA
21 OF UNDERSTANDING NEGOTIATED BETWEEN THESE AGENCIES AND THE
22 DEPARTMENT[.], WHICH SHALL, AT A MINIMUM, PROVIDE FOR A COMMON
23 REPORTING FORMAT FOR INCIDENT REPORTS. THE DEPARTMENT SHALL
24 FURNISH TO [A] THE ONE CALL SYSTEM, UPON REASONABLE REQUEST,
25 STATISTICAL DATA PERTAINING TO THE NUMBER OF INCIDENT REPORTS
26 FILED WITH THE DEPARTMENT AND THE TYPE, NUMBER AND RESULTS OF
27 INVESTIGATIONS FOR VIOLATIONS OF THIS ACT.
28 (11) TO COMPLY WITH ALL REQUESTS FOR INFORMATION BY THE
29 DEPARTMENT RELATING TO THE DEPARTMENT'S ENFORCEMENT AUTHORITY
30 UNDER THIS ACT WITHIN THIRTY DAYS OF THE RECEIPT OF THE REQUEST.
20050H2223B3235 - 42 -
1 SECTION 3. IT SHALL BE THE DUTY OF [A] THE ONE CALL SYSTEM
2 TO DO THE FOLLOWING:
3 (1.1) TO ASSIGN [A SERIAL NUMBER AND] ONE OR MORE SERIAL
4 NUMBERS AND THE DATE THAT THE SITE MAY LEGALLY BE EXCAVATED AND
5 TO LOG THE ENTIRE VOICE TRANSACTION ON LOGGING RECORDERS IN
6 APPROPRIATE DIGITAL FORM AND MAINTAIN THESE LOGS FOR FIVE YEARS.
7 ALL RECORDS SHALL BE INDEXED AND AVAILABLE TO THE PARTIES
8 INVOLVED AT A REASONABLE COST AND AT REASONABLE TIMES SET BY [A]
9 THE ONE CALL SYSTEM.
10 (1.2) PERFORM THE OBLIGATIONS, AS SET FORTH UNDER THIS
11 SECTION, ON BEHALF OF THE FACILITY OWNER, [CONTRACTOR] EXCAVATOR
12 OR DESIGNER AS ESTABLISHED BY THE BOARD OF DIRECTORS OF [A] THE
13 ONE CALL SYSTEM.
14 (1.3) PROVIDE ACCESS TO MUNICIPAL LISTS PROVIDED TO [A] THE
15 ONE CALL SYSTEM FOR THOSE INTERESTED PARTIES. THIS LIST SHALL
16 CONTAIN FACILITY OWNERS HAVING LINES IN THE MUNICIPALITY,
17 INCLUDING WARDS AS INDICATED IN SUBCLAUSE (II) OF CLAUSE (1) OF
18 SECTION 2, AND TO MAINTAIN, FOR EACH MUNICIPALITY, A LIST
19 CONTAINING THE INFORMATION AS REQUIRED TO BE SUBMITTED BY THE
20 FACILITY OWNER. SUCH LIST SHALL BE UPDATED AS REVISED
21 INFORMATION IS RECEIVED FROM THE FACILITY OWNER WITHIN FIVE
22 [WORKING] BUSINESS DAYS.
23 (2) TO MAKE SUCH LISTS UNDER CLAUSE (1.3) AVAILABLE FOR
24 PUBLIC INSPECTION VIA THE COUNTY RECORDER OF DEEDS WITHOUT
25 CHARGE. A MAXIMUM COPY FEE OF NO MORE THAN TWENTY-FIVE DOLLARS
26 ($25) MAY BE CHARGED PER COUNTY LIST. EACH FACILITY OWNER CHANGE
27 SHALL BE FORWARDED, AT NO CHARGE, TO THE RESPECTIVE COUNTY
28 RECORDER OF DEEDS FOR PUBLIC ACCESS. THE RECORDER OF DEEDS SHALL
29 MAKE SUCH LIST AVAILABLE FOR PUBLIC INSPECTION[.] BASED ON THE
30 MOST CURRENT INFORMATION PROVIDED TO IT BY THE ONE CALL SYSTEM.
20050H2223B3235 - 43 -
1 (3) NOT MORE THAN TEN [WORKING] BUSINESS DAYS AFTER THE
2 RECEIPT OF A CLEAR AND SPECIFIC REQUEST FROM THE DEPARTMENT, TO
3 PROVIDE ACCESS TO OR PHOTOCOPIES OF SPECIFIC ONE CALL SYSTEM
4 RESPONSE RECORDS, TICKETS OR OTHER LIKE INFORMATION RELATING TO
5 MATTERS UNDER INVESTIGATION BY THE DEPARTMENT PURSUANT TO ITS
6 ENFORCEMENT AUTHORITY UNDER THIS ACT.
7 (4) TO DETERMINE THE MAXIMUM GEOGRAPHIC AREA THAT SHALL
8 CONSTITUTE A VALID SINGLE NOTIFICATION AND TO DETERMINE WHEN
9 MULTIPLE NOTIFICATIONS SHALL BE REQUIRED OF ANY PERSON,
10 INCLUDING THE METHOD, THE TYPE AND THE NUMBER OF NOTIFICATIONS
11 IN A COMPLEX PROJECT.
12 (5) IF APPROVED BY THE BOARD OF DIRECTORS OF THE ONE CALL
13 SYSTEM, TO OFFER A SERVICE FOR APPLICATION AND ISSUANCE OF STATE
14 OR MUNICIPAL PERMITS REQUIRED TO UNDERTAKE ACTIVITIES RELATING
15 TO EXCAVATION WORK.
16 (6) PURSUANT TO POLICIES ADOPTED BY THE ONE CALL SYSTEM'S
17 BOARD OF DIRECTORS, TO PROVIDE A SECURE REPOSITORY FOR AND
18 ACCESS TO SUBSURFACE UTILITY ENGINEERING DATA RECEIVED FROM
19 PROJECT OWNERS TO AFFECTED FACILITY OWNER MEMBERS.
20 SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
21 SECTION 3.1. (A) THE DUTIES OF THE ONE CALL SYSTEM ARE
22 THOSE DUTIES AS SET FORTH IN SECTION 3. DUTIES ASSIGNED TO OTHER
23 PARTIES IN OTHER SECTIONS OF THIS ACT SHALL BE THE DUTIES OF
24 THOSE PARTIES AND SHALL NOT BE IMPUTED TO THE ONE CALL SYSTEM,
25 INCLUDING THE DUTY TO PROVIDE ACCURATE INFORMATION TO THE ONE
26 CALL SYSTEM CONCERNING PROPOSED EXCAVATION AND THE DUTY TO
27 LOCATE FACILITIES AT A SITE.
28 (B) THE ONE CALL SYSTEM SHALL NOT BE LIABLE FOR DAMAGES TO
29 THE PERSON OR THE PERSON'S PROPERTY ARISING OUT OF ITS
30 NONNEGLIGENT ACTIONS IN FURTHERANCE OF THE DUTIES IMPOSED UNDER
20050H2223B3235 - 44 -
1 THIS ACT AND SHALL BE LIABLE ONLY IF THE FAILURE TO COMPLY WAS
2 THE PROXIMATE CAUSE OF ANY DAMAGES CLAIMED.
3 (C) PRIOR TO ANY ACTION INSTITUTED IN A COURT OF THIS
4 COMMONWEALTH NAMING OR JOINING THE ONE CALL SYSTEM AS A PARTY,
5 THE COURT SHALL CONDUCT A HEARING TO DETERMINE WHETHER THE ONE
6 CALL SYSTEM MAY BE NAMED OR JOINED IN THE ACTION FOR FAILURE TO
7 COMPLY WITH THIS ACT.
8 (D) THE ONE CALL SYSTEM SHALL BE GOVERNED BY A BOARD OF
9 DIRECTORS, TO BE CHOSEN BY THE FACILITY OWNERS. NO LESS THAN
10 TWENTY PERCENT OF THE SEATS ON THE BOARD SHALL BE HELD BY
11 MUNICIPALITIES OR MUNICIPAL AUTHORITIES. THE BOARD SHALL INCLUDE
12 ALL OF THE FOLLOWING:
13 (1) THE CHAIRMAN OF THE PENNSYLVANIA PUBLIC UTILITY
14 COMMISSION OR HIS DESIGNEE.
15 (2) THE DIRECTOR OF THE PENNSYLVANIA EMERGENCY MANAGEMENT
16 AGENCY OR HIS DESIGNEE.
17 (3) THE SECRETARY OF LABOR AND INDUSTRY OR HIS DESIGNEE.
18 (4) THE SECRETARY OF TRANSPORTATION OR HIS DESIGNEE.
19 (5) AN EXCAVATOR OR EXCAVATION INDUSTRY REPRESENTATIVE.
20 (6) A DESIGNER OR DESIGNER INDUSTRY REPRESENTATIVE.
21 (E) OPERATION COSTS FOR THE ONE CALL SYSTEM SHALL BE SHARED,
22 IN AN EQUITABLE MANNER FOR SERVICES RECEIVED, BY FACILITY OWNER
23 MEMBERS AS DETERMINED BY THE ONE CALL SYSTEM'S BOARD OF
24 DIRECTORS. POLITICAL SUBDIVISIONS WITH A POPULATION OF LESS THAN
25 TWO THOUSAND PEOPLE OR MUNICIPAL AUTHORITIES HAVING AN AGGREGATE
26 POPULATION IN THE AREA SERVED BY THE MUNICIPAL AUTHORITY OF LESS
27 THAN FIVE THOUSAND PEOPLE SHALL BE EXEMPT FROM THE PAYMENT OF
28 ANY SERVICE FEE. THE ONE CALL SYSTEM MAY BE REIMBURSED FOR ITS
29 COSTS IN PROVIDING THIS SERVICE FROM THE CONTRACTOR FEES.
30 (F) ALL FEES SHALL BE SET BY THE BOARD OF DIRECTORS AND
20050H2223B3235 - 45 -
1 SHALL BE BASED ON THE LATEST ANNUAL AUDITED COST FACTORS OF THE
2 ONE CALL SYSTEM. FEES SHALL BE SET AND ADJUSTED TO A RATE NOT
3 MORE THAN FIVE PERCENT ABOVE THE AUDITED COST FACTOR PLUS THE
4 CURRENT AVERAGE PUBLISHED CONSUMER PRICE INDEX FOR PENNSYLVANIA.
5 COSTS OF CAPITAL IMPROVEMENTS MAY BE ADDED, IF THE IMPROVEMENT
6 RECEIVES A MAJORITY VOTE OF THE BOARD OF DIRECTORS.
7 (G) AN EXCAVATOR, DESIGNER OR OPERATOR WHO PROPOSES TO
8 COMMENCE EXCAVATION OR DEMOLITION WORK AND REQUESTS INFORMATION
9 OF THE ONE CALL SYSTEM SHALL BE CHARGED A FEE FOR THE SERVICE
10 RECEIVED FROM THE ONE CALL SYSTEM. THE FEE SHALL BE USED TO
11 OFFSET THE OPERATION COST LEVIED ON THE POLITICAL SUBDIVISION
12 AND MUNICIPAL AUTHORITY MEMBERS IN LIEU OF ADDITIONAL FEES
13 CHARGED FOR LOCATIONS UNDER THIS ACT.
14 (H) ANY REQUEST FOR INFORMATION SHALL BE REVIEWED AND
15 PROVIDED AS DETERMINED IN ACCORDANCE WITH THE PROCEDURE
16 ESTABLISHED BY THE ONE CALL SYSTEM'S BOARD OF DIRECTORS.
17 SECTION 5. SECTION 4 OF THE ACT, AMENDED DECEMBER 19, 1996
18 (P.L.1460, NO.187), IS AMENDED TO READ:
19 SECTION 4. IT SHALL BE THE DUTY OF EACH DESIGNER PREPARING A
20 DRAWING [REQUIRING] WHICH REQUIRES EXCAVATION OR DEMOLITION WORK
21 WITHIN THE COMMONWEALTH:
22 (2) TO REQUEST THE LINE AND FACILITY INFORMATION PRESCRIBED
23 BY SECTION 2, CLAUSE (4) FROM [A] THE ONE CALL SYSTEM NOT LESS
24 THAN TEN NOR MORE THAN NINETY [WORKING] BUSINESS DAYS BEFORE
25 FINAL DESIGN IS TO BE COMPLETED. THIS CLAUSE IS NOT INTENDED TO
26 PROHIBIT DESIGNERS FROM OBTAINING SUCH INFORMATION MORE THAN
27 NINETY DAYS BEFORE FINAL DESIGN IS TO BE COMPLETED; HOWEVER,
28 THEY SHALL STATE IN THEIR REQUIREMENTS THAT SUCH WORK IS
29 PRELIMINARY.
30 (2.1) TO FORWARD A COPY OF THE PROJECT PLANS TO EACH
20050H2223B3235 - 46 -
1 FACILITY OWNER WHO REQUESTS A COPY. IF A DESIGNER IS UNABLE TO
2 PROVIDE A COPY BECAUSE OF SECURITY OF THE PROJECT OR PROPRIETARY
3 CONCERNS REGARDING THE DESIGN OR THE PROJECT, THE DESIGNER SHALL
4 NEGOTIATE IN A TIMELY MANNER WITH THE FACILITY OWNER THE MEANS
5 OF OBTAINING THE NECESSARY DATA.
6 (3) TO SHOW UPON THE DRAWING THE POSITION AND TYPE OF EACH
7 FACILITY OWNER'S LINE, DERIVED PURSUANT TO THE REQUEST MADE AS
8 REQUIRED BY CLAUSE (2), AND THE NAME OF THE FACILITY OWNER[, AND
9 THE FACILITY OWNER'S DESIGNATED OFFICE ADDRESS AND THE TELEPHONE
10 NUMBER] AS SHOWN ON THE LIST REFERRED TO IN SECTION 3.
11 (4) TO MAKE A REASONABLE EFFORT TO PREPARE THE CONSTRUCTION
12 DRAWINGS TO AVOID DAMAGE TO AND MINIMIZE INTERFERENCE WITH A
13 FACILITY OWNER'S FACILITIES IN THE CONSTRUCTION AREA BY
14 MAINTAINING THE CLEARANCE AS PROVIDED FOR IN THE APPLICABLE
15 EASEMENT CONDITION OR AN EIGHTEEN-INCH CLEARANCE OF THE FACILITY
16 OWNER'S FACILITIES IF NO EASEMENT RESTRICTION EXISTS.
17 (5) A DESIGNER SHALL BE DEEMED TO HAVE MET THE OBLIGATIONS
18 OF CLAUSE (2) IF HE CALLS [A] THE ONE CALL SYSTEM AND SHOWS AS
19 PROOF THE SERIAL NUMBER OF ONE CALL NOTICE ON DRAWINGS. THE
20 DESIGNER SHALL ALSO SHOW THE TOLL-FREE NUMBER OF [A] THE ONE
21 CALL SYSTEM ON THE DRAWING NEAR HIS SERIAL NUMBER.
22 (6) IF, AFTER RECEIVING INFORMATION FROM THE FACILITY
23 OWNERS, THE DESIGNER DECIDES TO CHANGE THE SITE OF A PROPOSED
24 EXCAVATION, THE OBLIGATIONS IMPOSED BY THIS SECTION SHALL APPLY
25 TO THE NEW SITE.
26 (7) THE DESIGNER WHO HAS COMPLIED WITH THE TERMS OF THIS ACT
27 AND WHO WAS NOT OTHERWISE NEGLIGENT SHALL NOT BE SUBJECT TO
28 LIABILITY OR INCUR ANY OBLIGATION TO FACILITY OWNERS, OPERATORS,
29 OWNERS OR OTHER PERSONS WHO SUSTAIN INJURY TO PERSON OR PROPERTY
30 AS A RESULT OF THE EXCAVATION OR DEMOLITION PLANNING WORK OF THE
20050H2223B3235 - 47 -
1 DESIGNER.
2 SECTION 6. SECTION 5 OF THE ACT, AMENDED NOVEMBER 30, 2004
3 (P.L.1567, NO.199), IS AMENDED TO READ:
4 SECTION 5. IT SHALL BE THE DUTY OF EACH [CONTRACTOR]
5 EXCAVATOR WHO INTENDS TO PERFORM EXCAVATION OR DEMOLITION WORK
6 WITHIN THIS COMMONWEALTH:
7 (2.1) TO REQUEST THE LOCATION AND TYPE OF FACILITY OWNER
8 LINES AT EACH SITE BY NOTIFYING THE FACILITY OWNER THROUGH [A]
9 THE ONE CALL SYSTEM. NOTIFICATION SHALL BE NOT LESS THAN THREE
10 NOR MORE THAN TEN [WORKING] BUSINESS DAYS IN ADVANCE OF
11 BEGINNING EXCAVATION OR DEMOLITION WORK. NO WORK SHALL BEGIN
12 EARLIER THAN THE SCHEDULED EXCAVATION DATE WHICH SHALL BE ON OR
13 AFTER THE THIRD BUSINESS DAY AFTER NOTIFICATION. THE SCHEDULED
14 EXCAVATION DATE SHALL EXCLUDE THE DATE UPON WHICH NOTIFICATION
15 WAS RECEIVED BY THE ONE CALL SYSTEM AND NOTIFICATION RECEIVED ON
16 A SATURDAY, SUNDAY OR HOLIDAY, WHICH SHALL BE PROCESSED ON THE
17 FOLLOWING BUSINESS DAY. IN THE CASE OF A COMPLEX PROJECT,
18 NOTIFICATION SHALL NOT BE LESS THAN TEN BUSINESS DAYS IN ADVANCE
19 OF THE BEGINNING OF EXCAVATION OR DEMOLITION WORK.
20 (2.2) TO PROVIDE [A] THE ONE CALL SYSTEM WITH SPECIFIC
21 INFORMATION TO IDENTIFY THE SITE SO THAT FACILITY OWNERS MIGHT
22 PROVIDE INDICATIONS OF THEIR LINES. [A CONTRACTOR] AN EXCAVATOR
23 SHALL BE DEEMED TO HAVE MET THE OBLIGATIONS OF CLAUSE (2.1) IF
24 HE CALLS [A] THE ONE CALL SYSTEM, PROVIDES THE SITE AND OTHER
25 REQUIRED INFORMATION AND RECEIVES A SERIAL NUMBER.
26 (3) [IF A CONTRACTOR] IN A COMPLEX PROJECT OR IF AN
27 EXCAVATOR INTENDS TO PERFORM WORK AT MULTIPLE SITES OR OVER A
28 LARGE AREA, HE SHALL TAKE REASONABLE STEPS TO WORK WITH FACILITY
29 OWNERS, INCLUDING SCHEDULING AND CONDUCTING A PRECONSTRUCTION
30 MEETING, SO THAT THEY MAY LOCATE THEIR FACILITIES AT A TIME
20050H2223B3235 - 48 -
1 REASONABLY IN ADVANCE OF THE ACTUAL START OF EXCAVATION OR
2 DEMOLITION WORK FOR EACH PHASE OF THE WORK. A PRECONSTRUCTION
3 MEETING MAY TAKE PLACE AT ANY TIME PRIOR TO THE COMMENCEMENT OF
4 EXCAVATION OR DEMOLITION WORK, AND THE EXCAVATOR, FACILITY
5 OWNERS AND DESIGNER, OR THEIR AGENTS, SHALL ATTEND THE MEETING.
6 NOTICE OF THE MEETING SHALL BE GIVEN SUFFICIENTLY IN ADVANCE SO
7 AS TO PERMIT ATTENDANCE, EITHER IN PERSON OR ELECTRONICALLY, BY
8 THE EXCAVATOR, FACILITY OWNERS AND DESIGNER, OR THEIR AGENTS,
9 AND SHALL INCLUDE INFORMATION SUFFICIENT TO IDENTIFY THE SCOPE
10 OF WORK. IF THE EXCAVATOR DOES NOT BELIEVE THAT A
11 PRECONSTRUCTION MEETING IS NECESSARY UNDER THE CIRCUMSTANCES OF
12 THIS PARAGRAPH IT SHALL INDICATE SUCH BELIEF IN ITS NOTICE, BUT
13 ANY FACILITY OWNER WITH FACILITIES AT THE SITE MAY REQUEST A
14 MEETING WITH THE EXCAVATOR AND A MEETING SHALL BE HELD BETWEEN
15 THE FACILITY OWNER AND THE EXCAVATOR. AFTER COMMENCEMENT OF
16 EXCAVATION OR DEMOLITION WORK, THE [CONTRACTOR] EXCAVATOR SHALL
17 BE RESPONSIBLE FOR PROTECTING AND PRESERVING THE STAKING,
18 MARKING OR OTHER DESIGNATION UNTIL NO LONGER REQUIRED FOR PROPER
19 AND SAFE EXCAVATION OR DEMOLITION WORK AT OR NEAR THE
20 UNDERGROUND FACILITY, OR BY [CALLING FOR AN ADDITIONAL
21 RELOCATION] CONTACTING THE ONE CALL SYSTEM TO REQUEST THAT THE
22 FACILITIES BE MARKED AGAIN IN THE EVENT THAT THE PREVIOUS
23 MARKINGS HAVE BEEN COMPROMISED OR ELIMINATED.
24 (3.1) TO COMPLY WITH THE REQUIREMENTS ESTABLISHED BY THE ONE
25 CALL SYSTEM AS DETERMINED BY THE BOARD OF DIRECTORS REGARDING
26 THE MAXIMUM AREA THAT A NOTIFICATION MAY COVER.
27 (4) TO EXERCISE DUE CARE; AND TO TAKE ALL REASONABLE STEPS
28 NECESSARY TO AVOID INJURY TO OR OTHERWISE INTERFERE WITH ALL
29 LINES WHERE POSITIONS HAVE BEEN PROVIDED TO THE [CONTRACTOR]
30 EXCAVATOR BY THE FACILITY OWNERS PURSUANT TO CLAUSE (5) OF
20050H2223B3235 - 49 -
1 SECTION 2. WITHIN THE TOLERANCE ZONE [OR IF INSUFFICIENT
2 INFORMATION IS AVAILABLE PURSUANT TO CLAUSE (5) OF SECTION 2,
3 THE CONTRACTOR] THE EXCAVATOR SHALL EMPLOY PRUDENT TECHNIQUES,
4 WHICH MAY INCLUDE HAND-DUG TEST HOLES, TO ASCERTAIN THE PRECISE
5 POSITION OF SUCH FACILITIES[,]. IF INSUFFICIENT INFORMATION TO
6 SAFELY EXCAVATE IS AVAILABLE PURSUANT TO CLAUSE (5) OF SECTION
7 2, THE EXCAVATOR SHALL EMPLOY LIKE PRUDENT TECHNIQUES WHICH
8 SHALL BE PAID FOR BY THE OWNER PURSUANT TO CLAUSE (15) OF THIS
9 SECTION.
10 (5) IF THE FACILITY OWNER FAILS TO RESPOND TO THE
11 [CONTRACTOR'S TIMELY REQUEST WITHIN THE TWO WORK DAYS]
12 EXCAVATOR'S TIMELY REQUEST AS PROVIDED UNDER CLAUSE (5) OF
13 SECTION 2 OR THE FACILITY OWNER NOTIFIES THE [CONTRACTOR]
14 EXCAVATOR THAT THE LINE CANNOT BE MARKED WITHIN THE TIME FRAME
15 AND A MUTUALLY AGREEABLE DATE FOR MARKING CANNOT BE ARRIVED AT,
16 THE [CONTRACTOR] EXCAVATOR MAY PROCEED WITH EXCAVATION [AT THE
17 END OF THREE WORKING DAYS] AS SCHEDULED, BUT NOT EARLIER THAN
18 THE LAWFUL DIG DATE, PROVIDED HE EXERCISES DUE CARE IN HIS
19 ENDEAVORS, SUBJECT TO THE LIMITATIONS CONTAINED IN THIS CLAUSE
20 AND CLAUSES (2.1) THROUGH (4).
21 (6) TO INFORM EACH OPERATOR EMPLOYED BY THE [CONTRACTOR]
22 EXCAVATOR AT THE SITE OF SUCH WORK OF THE INFORMATION OBTAINED
23 BY THE [CONTRACTOR] EXCAVATOR PURSUANT TO CLAUSES (2.1) THROUGH
24 (5), AND THE [CONTRACTOR] EXCAVATOR AND OPERATOR SHALL:
25 (I) PLAN THE EXCAVATION OR DEMOLITION TO AVOID DAMAGE TO OR
26 MINIMIZE INTERFERENCE WITH A FACILITY OWNER'S FACILITIES IN THE
27 CONSTRUCTION AREA. EXCAVATION OR DEMOLITION WORK WHICH REQUIRES
28 TEMPORARY OR PERMANENT INTERRUPTION OF A FACILITY OWNER'S
29 SERVICE SHALL BE COORDINATED WITH THE AFFECTED FACILITY OWNER IN
30 ALL CASES.
20050H2223B3235 - 50 -
1 (II) AFTER CONSULTING WITH A FACILITY OWNER, PROVIDE SUCH
2 SUPPORT AND MECHANICAL PROTECTION FOR KNOWN FACILITY OWNER'S
3 LINES AT THE CONSTRUCTION SITE DURING THE EXCAVATION OR
4 DEMOLITION WORK, INCLUDING DURING BACKFILLING OPERATIONS, AS MAY
5 BE REASONABLY NECESSARY FOR THE PROTECTION OF SUCH LINES.
6 (7) TO REPORT IMMEDIATELY TO THE FACILITY OWNER ANY BREAK OR
7 LEAK ON ITS LINES, OR ANY DENT, GOUGE, GROOVE OR OTHER DAMAGE TO
8 SUCH LINES OR TO THEIR COATING OR CATHODIC PROTECTION, MADE OR
9 DISCOVERED IN THE COURSE OF THE EXCAVATION OR DEMOLITION WORK.
10 THE ONE CALL SYSTEM BOARD OF DIRECTORS MAY ADOPT PROCEDURES TO
11 PERMIT REPORTING OF THESE INCIDENTS THROUGH THE ONE CALL SYSTEM.
12 (8) [TO ALERT IMMEDIATELY THE OCCUPANTS OF PREMISES AS TO
13 ANY EMERGENCY THAT SUCH PERSON MAY CREATE OR DISCOVER AT OR NEAR
14 SUCH PREMISES.] IF RESPONSIBLE, TO IMMEDIATELY NOTIFY 911 AND
15 THE FACILITY OWNER, IF THE DAMAGE RESULTS IN THE ESCAPE OF ANY
16 FLAMMABLE, TOXIC, OR CORROSIVE GAS OR LIQUID WHICH ENDANGERS
17 LIFE, HEALTH OR PROPERTY. THE EXCAVATOR SHALL TAKE REASONABLE
18 MEASURES BASED ON ITS KNOWLEDGE, TRAINING, RESOURCES, EXPERIENCE
19 AND UNDERSTANDING OF THE SITUATION TO PROTECT THEMSELVES AND
20 THOSE IN IMMEDIATE DANGER, THE GENERAL PUBLIC, PROPERTY AND THE
21 ENVIRONMENT UNTIL THE FACILITY OWNER OR EMERGENCY RESPONDERS
22 HAVE ARRIVED AND COMPLETED THEIR ASSESSMENT AND SHALL REMAIN ON
23 SITE TO CONVEY ANY PERTINENT INFORMATION TO RESPONDERS THAT MAY
24 HELP THEM TO SAFELY MITIGATE THE SITUATION.
25 (9) THE TIME REQUIREMENTS OF CLAUSE (2.1) SHALL NOT APPLY TO
26 A FACILITY OWNER OR [CONTRACTOR] EXCAVATOR PERFORMING EXCAVATION
27 OR DEMOLITION WORK IN AN EMERGENCY, AS DEFINED IN SECTION 1;
28 NONETHELESS, ALL FACILITY OWNERS SHALL BE NOTIFIED AS SOON AS
29 POSSIBLE BEFORE, DURING OR AFTER EXCAVATION OR DEMOLITION,
30 DEPENDING UPON THE CIRCUMSTANCES.
20050H2223B3235 - 51 -
1 (11) [A CONTRACTOR] AN EXCAVATOR SHALL USE THE COLOR WHITE
2 TO MARK A PROPOSED EXCAVATION SITE WHEN EXACT SITE INFORMATION
3 CANNOT BE PROVIDED.
4 (11.1) TO ASSIST A FACILITY OWNER IN DETERMINING INVOLVEMENT
5 OF A FACILITY OWNER'S LINES BY DISCLOSING ADDITIONAL AVAILABLE
6 INFORMATION REQUESTED BY THE FACILITY OWNER, INCLUDING
7 DIMENSIONS AND THE DIRECTION OF PROPOSED EXCAVATIONS.
8 (11.2) IF USING HORIZONTAL DIRECTIONAL DRILLING (HDD), AT A
9 MINIMUM, TO UTILIZE THE BEST PRACTICES PUBLISHED BY THE HDD
10 CONSORTIUM.
11 (12) THE FOLLOWING STANDARDS SHALL BE APPLIED IN DETERMINING
12 WHETHER [A CONTRACTOR] AN EXCAVATOR SHALL INCUR ANY OBLIGATION
13 OR BE SUBJECT TO LIABILITY AS A RESULT OF [A CONTRACTOR'S] AN
14 EXCAVATOR'S DEMOLITION OR EXCAVATION WORK DAMAGING A FACILITY
15 OWNER'S FACILITIES:
16 (I) THE [CONTRACTOR] EXCAVATOR WHO HAS COMPLIED WITH THE
17 TERMS OF THIS ACT AND WHO WAS NOT OTHERWISE NEGLIGENT SHALL NOT
18 BE SUBJECT TO LIABILITY OR INCUR ANY OBLIGATION TO FACILITY
19 OWNERS, OPERATORS, PROJECT OWNERS OR OTHER PERSONS WHO SUSTAIN
20 INJURY TO PERSON OR PROPERTY AS A RESULT OF THE [CONTRACTOR'S]
21 EXCAVATOR'S EXCAVATION OR DEMOLITION WORK DAMAGING A FACILITY
22 OWNER'S LINES.
23 (II) WHERE [A CONTRACTOR] AN EXCAVATOR HAS FAILED TO COMPLY
24 WITH THE TERMS OF THIS ACT OR WAS OTHERWISE NEGLIGENT, AND THE
25 FACILITY OWNER OR DESIGNER HAS MISIDENTIFIED, MISLOCATED OR
26 FAILED TO IDENTIFY ITS FACILITIES PURSUANT TO THIS ACT, THEN IN
27 COMPUTING THE AMOUNT OF REIMBURSEMENT TO WHICH THE FACILITY
28 OWNER IS ENTITLED, THE COST OF REPAIRING OR REPLACING ITS
29 FACILITIES SHALL BE DIMINISHED IN THE SAME PROPORTION THAT THE
30 FACILITY OWNER'S OR DESIGNER'S MISIDENTIFICATION, MISLOCATION OR
20050H2223B3235 - 52 -
1 FAILURE TO IDENTIFY THE FACILITIES CONTRIBUTED TO THE DAMAGE.
2 SHOULD THE FACILITY OWNER OR DESIGNER NOT HAVE MISIDENTIFIED,
3 MISLOCATED OR FAILED TO IDENTIFY ITS FACILITIES PURSUANT TO THIS
4 ACT, THERE SHALL BE NO DIMINUTION OF THE FACILITY OWNER'S RIGHT
5 OF RECOVERY.
6 (13) IF, AFTER RECEIVING INFORMATION FROM [A] THE ONE CALL
7 SYSTEM OR DIRECTLY FROM A FACILITY OWNER, THE [CONTRACTOR]
8 EXCAVATOR DECIDES TO CHANGE THE LOCATION, SCOPE OR DURATION OF A
9 PROPOSED EXCAVATION, THE OBLIGATIONS IMPOSED BY THIS SECTION
10 SHALL APPLY TO THE NEW LOCATION.
11 (14) IF [A CONTRACTOR] AN EXCAVATOR REMOVES ITS EQUIPMENT
12 AND VACATES A WORKSITE FOR MORE THAN TWO [WORKING] BUSINESS
13 DAYS, HE SHALL RENOTIFY [A] THE ONE CALL SYSTEM UNLESS OTHER
14 ARRANGEMENTS HAVE BEEN MADE DIRECTLY WITH THE FACILITY OWNERS
15 INVOLVED IN HIS WORKSITE.
16 (15) WHEN THE INFORMATION REQUIRED FROM THE FACILITY OWNER
17 UNDER CLAUSE (5)(I) OF SECTION 2 CANNOT BE PROVIDED OR DUE TO
18 THE NATURE OF THE INFORMATION RECEIVED FROM THE FACILITY OWNER,
19 IT IS REASONABLY NECESSARY FOR THE [CONTRACTOR] EXCAVATOR TO
20 ASCERTAIN THE PRECISE LOCATION OF ANY LINE OR ABANDONED OR
21 UNCLAIMED LINES BY PRUDENT TECHNIQUES, WHICH MAY INCLUDE HAND-
22 DUG TEST HOLES, VACUUM EXCAVATION OR OTHER SIMILAR DEVICES, THE
23 [CONTRACTOR] EXCAVATOR SHALL PROMPTLY NOTIFY THE PROJECT OWNER
24 OR THE PROJECT OWNER'S REPRESENTATIVE, EITHER ORALLY OR IN
25 WRITING. AFTER GIVING SUCH NOTICE, THE [CONTRACTOR] EXCAVATOR
26 SHALL BE ENTITLED TO COMPENSATION FROM THE PROJECT OWNER FOR
27 THIS ADDITIONAL WORK AS PROVIDED IN THE LATEST EDITION OF THE
28 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION FORM 408
29 SPECIFICATIONS FOR EXTRA WORK PERFORMED ON A FORCE ACCOUNT
30 BASIS. THE PROVISIONS OF THIS SUBSECTION SHALL NOT BE DEEMED TO
20050H2223B3235 - 53 -
1 LIMIT ANY OTHER RIGHTS WHICH THE [CONTRACTOR] EXCAVATOR HAS
2 UNDER ITS CONTRACT WITH THE PROJECT OWNER OR OTHERWISE.
3 PROVISIONS IN ANY CONTRACT, PUBLIC OR PRIVATE, WHICH ATTEMPT TO
4 LIMIT THE RIGHTS OF [CONTRACTORS] EXCAVATORS UNDER THIS SECTION
5 SHALL NOT BE [WAIVED] VALID FOR ANY REASON, AND ANY ATTEMPTED
6 WAIVER OF THIS SECTION SHALL BE VOID AND UNENFORCEABLE AS
7 AGAINST PUBLIC POLICY AND ANY SUCH ATTEMPTED WAIVER SHALL BE
8 REPORTED TO THE [DEPARTMENT OF LABOR AND INDUSTRY] DEPARTMENT.
9 (16) TO SUBMIT AN INCIDENT REPORT TO THE DEPARTMENT NOT MORE
10 THAN TEN [WORKING] BUSINESS DAYS AFTER STRIKING OR OTHERWISE
11 DAMAGING A FACILITY OWNER'S LINE DURING EXCAVATION OR DEMOLITION
12 ACTIVITIES THAT RESULTED IN PERSONAL INJURY OR PROPERTY DAMAGE
13 TO PARTIES OTHER THAN THE AFFECTED [CONTRACTOR] EXCAVATOR OR
14 FACILITY OWNER. IN ADDITION, THE INCIDENT REPORT MAY BE
15 FURNISHED TO THE PENNSYLVANIA PUBLIC UTILITY COMMISSION AND THE
16 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY PURSUANT TO MEMORANDA
17 OF UNDERSTANDING NEGOTIATED BETWEEN THESE AGENCIES AND THE
18 DEPARTMENT.
19 (17) TO COMPLY WITH ALL REQUESTS FOR INFORMATION BY THE
20 DEPARTMENT RELATING TO THE DEPARTMENT'S ENFORCEMENT AUTHORITY
21 UNDER THIS ACT WITHIN THIRTY DAYS OF THE RECEIPT OF THE REQUEST.
22 (18) TO, IF IT CHOOSES TO DO SO AND IF WORKING FOR A
23 FACILITY OWNER, A MUNICIPALITY OR A MUNICIPAL AUTHORITY,
24 DELEGATE THE POWER TO DISCHARGE THE DUTIES SET FORTH IN CLAUSES
25 (2.1) AND (2.2) TO ITS PROJECT OWNER, WITH THE PROJECT OWNER'S
26 CONSENT. IF THE POWER IS DELEGATED PURSUANT TO THIS CLAUSE, BOTH
27 THE EXCAVATOR AND THE PROJECT OWNER SHALL BE RESPONSIBLE FOR
28 PROVIDING THE REQUIRED NOTICES.
29 (19) TO ENSURE THE ACCURACY OF ANY INFORMATION PROVIDED TO
30 THE ONE CALL SYSTEM PURSUANT TO THIS SECTION.
20050H2223B3235 - 54 -
1 SECTION 7. SECTION 6 OF THE ACT, AMENDED DECEMBER 12, 1986
2 (P.L.1574, NO.172), IS AMENDED TO READ:
3 SECTION 6. [THIS] EXCEPT AS OTHERWISE PROVIDED IN THIS ACT,
4 THIS ACT SHALL NOT BE DEEMED TO AMEND OR REPEAL ANY OTHER LAW,
5 COMMONWEALTH REGULATION OR ANY LOCAL ORDINANCE ENACTED PURSUANT
6 TO LAW CONCERNING THE SAME SUBJECT MATTER, IT BEING THE
7 LEGISLATIVE INTENT THAT ANY SUCH OTHER LAW OR LOCAL ORDINANCE
8 SHALL HAVE FULL FORCE AND EFFECT WHERE NOT INCONSISTENT WITH
9 THIS ACT.
10 SECTION 8. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
11 SECTION 6.1. IT SHALL BE THE DUTY OF EACH PROJECT OWNER WHO
12 ENGAGES IN EXCAVATION OR DEMOLITION WORK TO BE DONE WITHIN THIS
13 COMMONWEALTH:
14 (1) TO UTILIZE SUBSURFACE UTILITY ENGINEERING OR OTHER
15 SIMILAR TECHNIQUES, WHEREVER PRACTICABLE, WHEN DESIGNING COMPLEX
16 PROJECTS HAVING AN ESTIMATED COST OF FIVE HUNDRED THOUSAND
17 DOLLARS ($500,000) OR MORE.
18 (2) TO TIMELY RESPOND TO NOTIFICATIONS RECEIVED FROM
19 EXCAVATORS PURSUANT TO CLAUSE (15) OF SECTION 5.
20 (3) TO NOT RELEASE TO BID OR CONSTRUCTION ANY PROJECT UNTIL
21 AFTER FINAL DESIGN IS COMPLETED.
22 (4) TO PARTICIPATE IN DESIGN AND PRECONSTRUCTION MEETINGS
23 EITHER DIRECTLY OR THROUGH A REPRESENTATIVE.
24 (5) TO FURNISH THE PERTINENT DATA OBTAINED THROUGH
25 SUBSURFACE UTILITY ENGINEERING TO THE ONE CALL SYSTEM IN A
26 MUTUALLY AGREEABLE FORMAT.
27 (6) FOR NEW CONSTRUCTION AND WHERE PRACTICABLE IN THE
28 OPINION OF THE PROJECT OWNER, TO INSTALL COLOR-CODED PERMANENT
29 MARKERS TO INDICATE THE TYPE AND LOCATION OF ALL LATERALS
30 INSTALLED BY THE PROJECT OWNER.
20050H2223B3235 - 55 -
1 SECTION 7. (A) THE AUDITOR GENERAL MAY REVIEW MANAGEMENT
2 AND FINANCIAL AUDITS OF THE ONE CALL SYSTEM, WHICH AUDITS SHALL
3 BE PERFORMED BY A QUALIFIED AUDITING FIRM WITHIN THIS
4 COMMONWEALTH. A COPY OF THE AUDIT SHALL BE SUBMITTED TO THE
5 AUDITOR GENERAL UPON ITS COMPLETION AND TO THE GENERAL ASSEMBLY
6 BY OCTOBER 31 OF THE YEAR FOLLOWING THE END OF THE AUDIT PERIOD.
7 THE COST OF REASONABLE EXPENSES INCURRED BY THE AUDITOR GENERAL
8 IN PERFORMING THE OBLIGATIONS UNDER THIS SECTION SHALL BE
9 REIMBURSED BY THE ONE CALL SYSTEM. THE FEES SHALL NOT BE
10 INCONSISTENT WITH THOSE OF COMMERCIAL AUDITING FIRMS FOR SIMILAR
11 WORK.
12 (B) THE AUDITOR GENERAL, FOR THE PURPOSES SET FORTH IN
13 SUBSECTION (A), AND ANY CONTRACTOR, EXCAVATOR, FACILITY OWNER OR
14 MEMBER OF THE ONE CALL SYSTEM SHALL HAVE THE RIGHT DURING
15 REGULAR BUSINESS HOURS TO INSPECT AND COPY ANY RECORD, BOOK,
16 ACCOUNT, DOCUMENT OR ANY OTHER INFORMATION RELATING TO THE
17 PROVISION OF ONE CALL SERVICES BY THE ONE CALL SYSTEM, AT THE
18 COST DETERMINED BY THE BOARD OF DIRECTORS.
19 (C) THE ONE CALL SYSTEM SHALL SUBMIT AN ANNUAL REPORT TO ITS
20 MEMBERS, AND A COPY OF THE REPORT SHALL BE SUBMITTED TO THE
21 AUDITOR GENERAL.
22 SECTION 9. SECTION 7.1 OF THE ACT, AMENDED DECEMBER 19, 1996
23 (P.L.1460, NO.187), IS AMENDED TO READ:
24 [SECTION 7.1.
25 (B) A ONE CALL SYSTEM SHALL BE GOVERNED BY A BOARD OF
26 DIRECTORS, TO BE CHOSEN BY THE FACILITY OWNERS. NO LESS THAN
27 TWENTY PERCENT OF THE SEATS ON THE BOARD SHALL BE HELD BY
28 MUNICIPALITIES OR MUNICIPAL AUTHORITIES. THE BOARD SHALL INCLUDE
29 THE FOLLOWING:
30 (1) THE CHAIRMAN OF THE PENNSYLVANIA PUBLIC UTILITY
20050H2223B3235 - 56 -
1 COMMISSION OR HIS DESIGNEE.
2 (2) THE DIRECTOR OF THE PENNSYLVANIA EMERGENCY MANAGEMENT
3 AGENCY OR HIS DESIGNEE.
4 (3) THE SECRETARY OF LABOR AND INDUSTRY OR HIS DESIGNEE.
5 (4) THE SECRETARY OF TRANSPORTATION OR HIS DESIGNEE.
6 (5) A CONTRACTOR OR INDUSTRY REPRESENTATIVE.
7 (6) A DESIGNER OR INDUSTRY REPRESENTATIVE.
8 (B.1) ALL FEES ARE TO BE SET BY THE BOARD OF DIRECTORS AND
9 SHALL BE BASED ON THE LATEST ANNUAL AUDITED COST FACTORS OF A
10 ONE CALL SYSTEM. FEES SHALL BE SET AND ADJUSTED TO A RATE NOT
11 MORE THAN FIVE PERCENT ABOVE THE AUDITED COST FACTOR PLUS THE
12 CURRENT AVERAGE PUBLISHED CONSUMER PRICE INDEX FOR PENNSYLVANIA.
13 COSTS OF CAPITAL IMPROVEMENTS MAY BE ADDED, PROVIDED THE
14 IMPROVEMENT RECEIVES A MAJORITY VOTE OF THE BOARD OF DIRECTORS.
15 (C) THE AUDITOR GENERAL, FOR THE PURPOSES SET FORTH IN
16 SUBSECTION (C.1), AND ANY CONTRACTOR, FACILITY OWNER OR MEMBER
17 OF A ONE CALL SYSTEM SHALL HAVE THE RIGHT AT ANY TIME TO INSPECT
18 AND COPY ANY RECORD, BOOK, ACCOUNT, DOCUMENT OR ANY OTHER
19 INFORMATION RELATING TO THE PROVISION OF ONE CALL SERVICES BY A
20 ONE CALL SYSTEM AT HIS OWN COST.
21 (C.1) THE AUDITOR GENERAL SHALL CONDUCT A BIENNIAL
22 PERFORMANCE AND FINANCIAL AUDIT OF A ONE CALL SYSTEM. A COPY OF
23 THE AUDIT CONDUCTED BY THE AUDITOR GENERAL UNDER THIS PARAGRAPH
24 SHALL BE SUBMITTED TO THE GENERAL ASSEMBLY NO LATER THAN ONE
25 HUNDRED AND EIGHTY DAYS FOLLOWING THE END OF THE AUDIT PERIOD.
26 THE ACTUAL COST OF REASONABLE EXPENSES INCURRED BY THE AUDITOR
27 GENERAL IN PERFORMING HIS OBLIGATIONS UNDER THIS SECTION SHALL
28 BE REIMBURSED BY A ONE CALL SYSTEM. SUCH FEES SHALL NOT BE
29 INCONSISTENT WITH THOSE OF COMMERCIAL AUDITING FIRMS FOR SIMILAR
30 WORK.
20050H2223B3235 - 57 -
1 (C.2) A ONE CALL SYSTEM SHALL SUBMIT AN ANNUAL REPORT TO ITS
2 MEMBERS, AND A COPY OF THE REPORT SHALL BE SUBMITTED TO THE
3 GENERAL ASSEMBLY.
4 (G) ANY CONTRACTOR, DESIGNER OR OPERATOR WHO PROPOSES TO
5 COMMENCE EXCAVATION OR DEMOLITION WORK AND REQUESTS INFORMATION
6 OF A ONE CALL SYSTEM SHALL BE CHARGED A FEE FOR THE SERVICE
7 RECEIVED FROM A ONE CALL SYSTEM. SUCH FEE SHALL BE USED TO
8 OFFSET THE OPERATION COST LEVIED ON THE POLITICAL SUBDIVISION
9 AND MUNICIPAL AUTHORITY MEMBERS IN LIEU OF ADDITIONAL FEES
10 CHARGED FOR LOCATIONS SPECIFICALLY RELATED TO THIS ACT.]
11 SECTION 10. SECTION 7.2 OF THE ACT, AMENDED NOVEMBER 30,
12 2004 (P.L.1567, NO.199), IS AMENDED TO READ:
13 SECTION 7.2. (A) ANY PERSON VIOLATING ANY OF THE PROVISIONS
14 OF THIS ACT, EXCEPT CLAUSES (1) AND (2) OF SECTION 2, COMMITS A
15 SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY
16 A FINE OF NOT LESS THAN TWO THOUSAND FIVE HUNDRED DOLLARS
17 ($2,500) NOR MORE THAN [TWENTY-FIVE THOUSAND DOLLARS ($25,000)]
18 FIFTY THOUSAND DOLLARS ($50,000) OR UNDERGO IMPRISONMENT FOR NOT
19 MORE THAN NINETY DAYS, OR BOTH. THE ATTORNEY GENERAL OF THE
20 COMMONWEALTH OR ANY DISTRICT ATTORNEY MAY ENFORCE THE PROVISIONS
21 OF THIS ACT IN ANY COURT OF COMPETENT JURISDICTION. THE
22 DEPARTMENT, IN CONSULTATION WITH THE ATTORNEY GENERAL, MAY ALSO
23 ENFORCE THE PROVISIONS OF THIS ACT IN ANY COURT OF COMPETENT
24 JURISDICTION. A FACILITY OWNER MAY PETITION ANY COURT OF
25 COMPETENT JURISDICTION TO ENJOIN ANY EXCAVATION OR DEMOLITION
26 WORK CONDUCTED IN VIOLATION OF THIS ACT. LOCAL LAW ENFORCEMENT
27 OR EMERGENCY MANAGEMENT PERSONNEL MAY, IN THE INTEREST OF PUBLIC
28 SAFETY, ORDER EXCAVATORS ON A SITE TO STOP FURTHER EXCAVATION,
29 IF THE EXCAVATION IS BEING CONDUCTED IN VIOLATION OF THIS ACT.
30 (B) FINES LEVIED UNDER SUBSECTION (A) SHALL BE DETERMINED
20050H2223B3235 - 58 -
1 ACCORDING TO THE FOLLOWING SCHEDULE:
2 (1) WHERE VIOLATIONS RESULT IN PROPERTY DAMAGE THAT DOES NOT
3 EXCEED THREE THOUSAND DOLLARS ($3,000), THE FINE SHALL NOT
4 EXCEED [THREE THOUSAND DOLLARS ($3,000)] FIVE THOUSAND DOLLARS
5 ($5,000).
6 (2) WHERE VIOLATIONS RESULT IN PROPERTY DAMAGE OF MORE THAN
7 THREE THOUSAND DOLLARS ($3,000), THE FINE SHALL NOT EXCEED [FIVE
8 THOUSAND DOLLARS ($5,000)] TEN THOUSAND DOLLARS ($10,000).
9 (3) FOR VIOLATIONS WHICH RESULT IN PERSONAL INJURY OR DEATH,
10 THE FINE SHALL NOT EXCEED [TWENTY-FIVE THOUSAND DOLLARS
11 ($25,000)] FIFTY THOUSAND DOLLARS ($50,000).
12 (C) THE FOLLOWING FACTORS SHALL BE CONSIDERED IN DETERMINING
13 THE FINE TO BE ASSESSED:
14 (1) THE DEGREE OF THE PARTY'S COMPLIANCE WITH THE STATUTE
15 PRIOR TO DATE OF THE VIOLATION.
16 (2) THE AMOUNT OF PERSONAL AND PROPERTY DAMAGE CAUSED BY THE
17 PARTY'S NONCOMPLIANCE.
18 (3) THE DEGREE OF THREAT TO THE PUBLIC SAFETY AND
19 INCONVENIENCE CAUSED BY THE PARTY'S NONCOMPLIANCE.
20 (4) THE PARTY'S PLANS AND PROCEDURES TO INSURE FUTURE
21 COMPLIANCE WITH STATUTES AND REGULATIONS.
22 (C.1) IN ADDITION TO ANY OTHER SANCTIONS PROVIDED BY THIS
23 ACT, THE DEPARTMENT SHALL HAVE THE AUTHORITY TO ISSUE WARNINGS
24 AND ORDERS REQUIRING COMPLIANCE WITH THIS ACT AND MAY LEVY
25 ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF THIS ACT. ANY
26 WARNING, ORDER OR PENALTY SHALL BE SERVED ON THE PERSON OR
27 ENTITY VIOLATING THE ACT AT THEIR LAST KNOWN ADDRESS. THE
28 DEPARTMENT SHALL CONSIDER THE FACTORS SET FORTH IN SUBSECTION
29 (C) IN DETERMINING THE ADMINISTRATIVE PENALTY TO BE ASSESSED.
30 ANY PARTY AGGRIEVED BY THE IMPOSITION OF AN ORDER OR
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1 ADMINISTRATIVE PENALTY IMPOSED BY THE DEPARTMENT MAY APPEAL SUCH
2 ORDER OR PENALTY AS PROVIDED IN 2 PA.C.S. CH. 5 SUBCH. A
3 (RELATING TO PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES)
4 AND CH. 7 SUBCH. A (RELATING TO REVIEW OF COMMONWEALTH AGENCY
5 ACTION).
6 (C.2) ADMINISTRATIVE PENALTIES IMPOSED BY THE DEPARTMENT
7 UNDER SUBSECTION (C.1) SHALL BE DETERMINED ACCORDING TO THE
8 FOLLOWING SCHEDULE:
9 (1) ANY PERSON OR ENTITY VIOLATING THE PROVISIONS OF CLAUSES
10 (1) AND (2) OF SECTION 2 MAY BE SUBJECT TO AN ADMINISTRATIVE
11 PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500) PER DAY. EACH
12 DAY OF NONCOMPLIANCE SHALL CONSTITUTE A SEPARATE VIOLATION.
13 (2) ANY PERSON OR ENTITY RECEIVING THREE OR MORE WARNINGS IN
14 A CALENDAR YEAR MAY BE SUBJECT TO AN ADMINISTRATIVE PENALTY NOT
15 TO EXCEED FIVE HUNDRED DOLLARS ($500).
16 (3) WHERE VIOLATIONS RESULT IN PROPERTY DAMAGE THAT DOES NOT
17 EXCEED TEN THOUSAND DOLLARS ($10,000), THE ADMINISTRATIVE
18 PENALTY MAY NOT EXCEED ONE THOUSAND DOLLARS ($1,000).
19 (4) WHERE VIOLATIONS RESULT IN PROPERTY DAMAGE OF MORE THAN
20 TEN THOUSAND DOLLARS ($10,000), THE ADMINISTRATIVE PENALTY MAY
21 NOT EXCEED FIVE THOUSAND DOLLARS ($5,000).
22 (5) FOR VIOLATIONS THAT RESULT IN PERSONAL INJURY OR DEATH,
23 THE ADMINISTRATIVE PENALTY MAY NOT EXCEED TEN THOUSAND DOLLARS
24 ($10,000).
25 (D) ALL FINES AND PENALTIES RECOVERED UNDER THIS SECTION
26 SHALL BE PAYABLE TO THE ATTORNEY GENERAL, DISTRICT ATTORNEY OR
27 THE DEPARTMENT, WHICHEVER BROUGHT THE ACTION, AND COLLECTED IN
28 THE MANNER PROVIDED FOR BY LAW. [TO THE EXTENT THAT THE EXPENSES
29 INCURRED BY THE DEPARTMENT IN ENFORCING THIS ACT EXCEED THE
30 FINES COLLECTED BY THE DEPARTMENT UNDER THIS SECTION, THE
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1 DEPARTMENT MAY ASSESS A CHARGE FOR THE REMAINING REASONABLE
2 EXPENSES FROM A ONE CALL SYSTEM PURSUANT TO A WRITTEN AGREEMENT
3 BETWEEN THE PARTIES.] ADMINISTRATIVE PENALTIES COLLECTED BY THE
4 DEPARTMENT SHALL BE USED TO SUPPORT PUBLIC EDUCATION TO MINIMIZE
5 UNDERGROUND DAMAGE AND MAY BE USED FOR DAMAGE PREVENTION
6 ACTIVITIES OF THE ONE CALL SYSTEM.
7 (E) THE PROVISIONS OF THIS ACT SHALL NOT AFFECT ANY CIVIL
8 REMEDIES FOR PERSONAL INJURY OR PROPERTY DAMAGE, EXCEPT AS
9 OTHERWISE SPECIFICALLY PROVIDED FOR IN THIS ACT.
10 (F) THE SECRETARY OR HIS DESIGNEE SHALL HAVE THE AUTHORITY
11 TO ISSUE SUBPOENAS, UPON APPLICATION OF AN ATTORNEY RESPONSIBLE
12 FOR REPRESENTING THE COMMONWEALTH IN ACTIONS BEFORE THE
13 DEPARTMENT, FOR THE PURPOSE OF INVESTIGATING ALLEGED VIOLATIONS
14 OF THIS ACT. THE DEPARTMENT SHALL HAVE THE POWER TO SUBPOENA
15 WITNESSES AND COMPEL THE PRODUCTION OF BOOKS, RECORDS, PAPERS
16 AND DOCUMENTS AS IT DEEMS NECESSARY OR PERTINENT TO AN
17 INVESTIGATION OR HEARING.
18 SECTION 11. SECTION 7.6 OF THE ACT, ADDED DECEMBER 19, 1996
19 (P.L.1460, NO.187), IS AMENDED TO READ:
20 [SECTION 7.6. THIS ACT SHALL NOT APPLY TO ANY OF THE
21 FOLLOWING PIPELINE SYSTEMS AND FACILITIES:
22 (1) OIL AND GAS PRODUCTION OR GATHERING PIPELINE SYSTEMS
23 CONSTRUCTED WITH PIPE MEASURING LESS THAN THREE INCHES INSIDE
24 DIAMETER WHICH ARE DESIGNED TO COLLECT AND TRANSPORT CRUDE OIL
25 OR NATURAL GAS FROM THE WELLHEAD TO THE POINT OF CUSTODY
26 TRANSFER, PROVIDED SUCH SYSTEMS ARE PERMANENTLY MARKED OR STAKED
27 WHERE THEY CROSS PUBLIC HIGHWAY RIGHTS-OF-WAY OR THE BOUNDARY OF
28 PROPERTY WHICH IS OWNED IN FEE BY THE OWNER OF THE GATHERING
29 PIPELINE SYSTEM.
30 (2) ANY CONTINUOUS ONE-MILE LENGTH OF A CRUDE OIL OR NATURAL
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1 GAS PRODUCTION OR GATHERING PIPELINE SYSTEM CONSTRUCTED WITH
2 PIPE MEASURING THREE INCHES INSIDE DIAMETER OR LARGER WHICH IS
3 DESIGNED PRINCIPALLY TO COLLECT AND TRANSPORT CRUDE OIL OR
4 NATURAL GAS FROM THE WELLHEAD TO THE POINT OF CUSTODY TRANSFER
5 WHERE NO MORE THAN FIFTY BUILDINGS INTENDED FOR PERMANENT
6 RESIDENTIAL OCCUPANCY ARE LOCATED WITHIN TWO HUNDRED TWENTY
7 YARDS ON EITHER SIDE OF THE CENTER LINE OF THE ONE-MILE LENGTH
8 OF PIPELINE.]
9 SECTION 12. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
10 SECTION 7.7. THE ONE CALL SYSTEM SHALL HAVE THE AUTHORITY TO
11 DESIGN, ESTABLISH AND ADMINISTER A VOLUNTARY DISPUTE RESOLUTION
12 PROCESS WHICH MAY BE USED BY EXCAVATORS, FACILITY OWNERS,
13 DESIGNERS, PROJECT OWNERS AND OTHER INVOLVED PERSONS. THE
14 PROCESS SHALL PROVIDE FOR DISPUTE RESOLUTION PANELS SELECTED
15 FROM AMONG A POOL OF REPRESENTATIVES OF STAKEHOLDER GROUPS,
16 INCLUDING FACILITY OWNERS, EXCAVATORS, DESIGNERS AND REGULATORS.
17 SECTION 7.8. EXCEPT AS OTHERWISE PROVIDED FOR BY THIS ACT, A
18 PERSON SHALL USE THEIR BEST EFFORTS TO COMPLY WITH THE COMMON
19 GROUND ALLIANCE BEST PRACTICES.
20 SECTION 7.9. NO PERSON SHALL MALICIOUSLY REMOVE OR TAMPER
21 WITH A MARKING PROVIDED FOR UNDER THIS ACT.
22 SECTION 13. SECTION 7.7 OF THE ACT, ADDED DECEMBER 19, 1996
23 (P.L.1460, NO.187), IS AMENDED TO READ:
24 SECTION [7.7] 7.10. THIS ACT SHALL EXPIRE ON DECEMBER 31,
25 [2006] 2016.
26 SECTION 14. REPEALS ARE AS FOLLOWS:
27 (1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
28 PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE AMENDMENT OF THE
29 TITLE OF THE ACT AND TO CAUSE CERTAIN LIQUEFIED PETROLEUM GAS
30 FACILITIES OR DISTRIBUTORS TO BE SUBJECT TO THIS ACT.
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1 (2) THE PROVISIONS OF SECTION 19 OF THE ACT OF JUNE 19,
2 2002 (P.L.421, NO.61), KNOWN AS THE PROPANE AND LIQUEFIED
3 PETROLEUM GAS ACT, IS REPEALED TO THE EXTENT THAT IT
4 PROHIBITS CERTAIN LIQUEFIED PETROLEUM GAS FACILITIES OR
5 DISTRIBUTORS FROM BEING SUBJECT TO THIS ACT.
6 SECTION 15. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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