A Guide for the Education and

Enforcement of Underground Utility

Excavation

Revised January 2004

 

DIG SAFELY

 

Call Before You Dig

 

Wait the Required Amount of Time

 

Respect the Marks

 

Dig With Care

 

One Statewide Number

1-800-424-5555

 

 

 

A Guide for the Education and

Enforcement

of Underground Utility

Excavation

 

 

 

Presented by:

The Washington Utilities Coordinating Council

 

 

 

 

 

 

 

 

In consultation with:

 

Washington State Department of Transportation

Association of General Contractors

Washington Utilities and Transportation Commission

Washington State Department of Labor & Industries

 

 

 

Contents

 

 

Introduction                                                                            4

 

Marking Multiple Lines                                                            5

 

I.      Cooperative Enforcement, Violation Reports and           7

Penalties                                                                         

 

II.    Questions and Answers – Excavation and Worker          9

Safety                                                                             

 

III.   Safety Tips: What To do and Not To Do After                 14

Damaging A Utility                                                         

 

IV.   State Underground Utility Laws                                      16

 

V.     Worker Protection Standards                                          26

 

VI.   Training Aids and References                                          38

 

Tolerance Zone Chart                                                              39

 

Introduction

 

Increasingly, utilities are being installed underground to make right-of-way corridors more attractive, protect from weather and vandal-related damage and improve public safety.  It is, therefore, more and more important that excavators obtain a utility locate before digging.

 

The failure to do so may result in avoidable harm to the excavator and needless expense to the excavator or utility company.  Such a failure can also cause essential utility services to the public to be interrupted with possible life-threatening consequences.

 

 

About this Guide

 

Communication and cooperation are the key elements in our efforts toward damage prevention.  The Washington Utilities Coordinating Council created this guide to serve as a training resource and to provide useful information to workers involved with buried facilities.

 

In addition, all parties involved – contractors, excavators, utilities and government agencies – must coordinate their work activities.  Requests for locations of buried facilities need to be made and responded to.  This coordination is the only way that excavation activities can be completed in a safe manner that prevents injuries and property damage.

Marking Multiple Lines

 

How to mark multiple lines under RCW 12.122 has been a much-debated topic over the last several years.  The WUCC recommends utilities mark their lines in accordance with the current color code standard and APWA guidelines, including identification letters indicating the number lines and specific type of underground facility.  In the event that the exact number of lines cannot be determined, the WUCC recommends that the locator call the requestor of the locate with other options.  These options may include a meet on site, hand digging, marking “M” for multiple lines, and/or providing a utility contact person who can provide As-built information or arrange a meet on site.

 

The APWA Recommended marking Guidelines for Underground Utilities are:

 

1.  Utility lines will be indicated by markings using current APWA color codes.  Markings should be 18”-24” in length and 2” in width.

2.  The owner of the facility should be indicated by initials or by name in letters 6” high at the beginning and end of the locate.  On long locates the facility owner should be indicated every 100’.

3.  When known, the total number of lines within the ground will be indicated.  The number of lines indicated should be based on the physical lines that you could place your hands on.  Multiple lines twisted together to form a single facility, as in the case of electric lines, would be considered one cable for locate purposes.

4.  If a facility is known to be present but the total number of lines for a facility cannot be determined, a corridor marker may be used.  The corridor marker should indicate the approximate width of the facility.  A marking resembling the letter “H” lying on its side will indicate the corridor marker.

5.  When known, the size of the line being located will be indicated.  Line size will indicate the outside diameter of the pipe or structure.  A mark resembling the letter “H” lying on its side, bisected by a line extending along its length will indicate the oversized utility marking.  The committee discussions centered on indicating sizes of single physical structures such as gas lines, sewer lines, water lines, and storm drains.

6.  Duct structures, whether a single duct or multiple ducts, will be indicated by duct symbol indicating the approximate width of the duct structure.  The duct marker will be indicated by a marking resembling a diamond bracketed by two parallel lines.  The committee did not state whether indicating size should extend to indicating size of duct structure (telecommunications, electric) or indicating pair count for telephone lines.

7.  When known, the pressure of a gas facility will be indicated.  Gas pressure will be indicated as either low pressure, intermediate high pressure, or high pressure.  The committee did not determine whether gas pressure would be indicated in instances of high pressure only or for all pressures.  The committee did not determine whether the type of pipe should be indicated (plastic, steel, cast iron, etc.).

8.  When known, termination points, dead ends, and stub outs should be indicated.  The committee reviewed NULCA’s recommendations, which resembles the letter “T” with drop downs.

9.  When there is a strong likelihood that marks may be destroyed, offsets should be used.  Offsets are indicated on a permanent surface and are placed parallel to the running line of the facility.  the offset should indicate the distance from the offset to the facility and should identify the facility owner and, if necessary, size of the facility.

 

More information and examples of markings can be found on the web at www.pubworks.org and do a search for “Marking Guidelines”.

I.  Cooperative Enforcement, Violation Reports and Penalties

 

Cooperative Enforcement

Enforcement of damage prevention regulations may involve more than one enforcement of investigative agency.  A full-scale investigation into the cause of an incident may involve cooperation with agencies such as:

 

Ø      Fire Department

Ø      Police

Ø      National Transportation and Safety Board

Ø      Department of Transportation

Ø      Department of Ecology

Ø      Department of Justice

Ø      Environmental Protection Agency

Ø      Washington Utilities and Transportation Commission

 

Violations of worker safety can be reported to the Safety Compliance Supervisor at the Department of Labor and Industries in the region where the violation occurred.

 

 

Department of Labor & Industries-Regional Offices   Region 1 – Bellingham, Everett and Mount Vernon                    Phone – (425) 290-1429 Region 2 – Bellevue, Seattle and Tukwila                    Phone – (206) 248-8247 Region 3 – Bremerton, Port Angeles and Tacoma                    Phone – (253) 596-3892 Region 4 – Aberdeen, Longview, Vancouver and Tumwater                    Phone – (360) 902-5564 Region 5 – Kennewick, Moses Lake, Okanogan, Walla Walla                    Wenatchee and Yakima (Central Washington)                    Phone – (509) 454-3750 Region 6 – Colville, Pullman and Spokane                    Phone – (509) 324-2556

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Violation Reports

When a violation occurs, utilities, facility owners, right-of-way custodians, excavators and interested parties can assist with enforcement by notifying the appropriate region.

 

Enforcement can occur retroactively if the incident is well documented with the time, date, location and other pertinent facts.  Pictures are recommended to document the conditions at the time of the incident.

 

Penalties

 

Civil penalties for violation of the Washington Industrial Safety and Health Act are listed below:

 

(1)     Serious Violation-The maximum penalty that may be assessed for a serious or general violation is $7,000.

(2)     Willful or Repeated-In the case of willful or repeated violations, a civil penalty of up to $70,000 may be assessed, but the penalty may not be less than $5,000 for a willful violation.

(3)     Failure to Abate-Penalties for failure to abate a violation may be up to $7,000 for each calendar day that the violation continues beyond the final abatement date.

                   (Statutory authority RCW 49.17.180)

 

State regulation (RCW 19.122.070) allows a fine for civil penalties up to $1,000 per violation and may allow for triple costs for damages.

 

The following is presented as an example of criminal penalties that may occur to an excavator who willfully violates the law.

 

In a landmark case, a grand jury recently indicted a Minnesota excavating company and its vice president (VP) for willfully violating Department of Transportation safety rules.  According to the indictment, the VP ordered an employee to bury rocks near the excavator’s facilities.  Neither the VP nor the company had called ahead to the local One-Call center for locates.  The employee struck a crude oil pipeline with a backhoe, then allegedly covered up the pipeline at the VP’s request.  The company and executive face a maximum penalty of 5 years in prison and/or a $250,000 fine for violation of the One-Call law and 1 year in prison and/or a $250,000 fine for violation of the Oil Pollution Act.

II.  Questions and Answers – Excavation and Worker Safety

 

The following questions and answers are designed to help educate workers about the underground excavation laws and worker safety during excavation operations.

 

The Underground Dig Law

 

1.       Today is July 6th and you plan to excavate on July 30th.

          When should you call for locates?

Answer:  Refer to RCW 19.122.030(2) “Notice shall be communicated to the owners of underground facilities not less than two business days or more than ten business days before the scheduled date for commencement of excavation, unless otherwise agreed by the parties.”

 

 

 

 

 

 

 

2.       Mary Ann wants to install her own sprinkler system in her backyard.  She plans to rent a trencher and bury the lines 11” deep.

          Does she need to call for locates?

 

Answer:  Refer to RCW 19.122.060 No.  Although Mary Ann is an excavator by definition, she is digging less than 12” in vertical depth on private noncommercial property and is therefore exempt from the requirements of RCW 19.122.030.  “The excavation is being performed by the person or an employee of the person who owns or occupies the property on which the excavation is being performed.”

 

 

 

 

 

 

 

 

 

 

3.       Jay Brothers owns and operates a water distribution system for six houses along County Road 199.  He received ten notices from the Local Utility Coordinating Council requesting he join the One-Call system.

Does Jay need to join the One-Call system?

Answer:  Refer to RCW 19.122.030 (2) Yes.  Jay needs to join the One-Call locating center in his area.  “All owners of underground facilities within a one-number locator service area shall subscribe to the service.” WAC 296-155-655 (2) (a) requires all utilities to be located prior to construction.  (b) All utility companies or owners shall be contacted within established or customary local response times, advised of the proposed work, and asked to locate underground utility installations prior to the start of actual excavation.

 

 

 

 

 

 

 

 

 

Excavation Safety

 

4.       Picture Perfect Cable Company excavates and damages an unknown non located telephone line in the driving lane of a county road.  Picture Perfect notified the telephone company and the One-Call locate center at 10 a.m. (6 minutes after the damage).  At 4 p.m., the cable crew is ready to go home and the telephone company has not shown up to do repairs.

          What should Picture Perfect do?

 

Answer:  Refer to RCW 19.122.050 (1) “No damaged underground facility may be buried until it is repaired or relocated.”  Picture Perfect may get permission to cover from the telephone company or may bill for lost time waiting for the telephone company to do repairs.  RCW 19.122.030 (3)

 

 

 

 

 

 

5.       John Smith calls for locates and finds orange, yellow and red paint on the ground.  John notices a water hydrant in the right-of-way.  The hydrant is visible and telephone, gas and power lines have been located.

          Can John start his excavation?

 

Answer:  Refer to RCW 19.122.030 (3) “Excavators shall not excavate until all known facilities have been marked.”  RCW 19.122.030 (5) “An owner of underground facilities is not required to indicate the presence of existing service laterals or appurtenances if the presence of existing service laterals or appurtenances on the site of the construction project can be determined from the presence of other visible means, such as buildings, manholes or meter and junction boxes on or adjacent to the construction site.”  RCW 19.122.070 (2) “Any excavator who willfully or maliciously damages a field-marked underground facility shall be liable for treble the costs incurred in repairing or relocating the facility.” WAC 296-155-655 General Protection Requirements (2) (a) (Partial) Underground installation that reasonably may be expected to be encountered during excavation shall be located prior to opening an excavation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6.       C & C Excavation Company is installing a sewer line and the trench crosses under a 12” water line.  The trench is 5’ wide in a sandy-type soil.

          What should be considered when excavating in this area?

 

Answer:  Refer to RCW 19.122.040 (2)(c) “An excavator shall:  Provide support for  underground facilities in and near the construction area, including during backfill operations, as may be reasonably necessary for the protection of such facilities.”  Also note:  WAC 296-155-655

 

 

Employee Safety & Utility Protection

 

7.       Summit City called Thursday for location of utilities on a street where a new water line was being installed.  The supervisor scheduled the work for the following Tuesday morning.  When they arrived at the job site, no utilities were marked so they proceeded with the excavation.  One of the employees informed the supervisor he was certain there was underground power at this location.

          What should the supervisor do?

 

 

Answer:  Refer to RCW 19.122.030, WAC 296-155-655 & WAC 296-155-428 The supervisor must not excavate until all known facilities have been marked.  The location of utility installations, such as sewer, telephone, fuel, electric, water lines or any other underground installations that reasonably may be expected to be encountered during excavation work, MUST BE LOCATED PRIOR TO OPENING AN EXCAVATION.  In work areas where the exact location of underground electric power lines is unknown, no activity that may bring employees into contact with those power lines shall begin until the power lines have been positively and unmistakably de-energized and grounded.

 

 

 

 

 

 

 

 

 

 

 

 

8.       Sunshine County has called in a locate request in an area where a drainage culvert is to be installed.  The County marked their proposed excavation area with yellow paint.  One of the utilities responding to the locate request called Sunshine County and advised them they would not locate their utility until the excavation area was marked correctly.

          What should Sunshine County do?

 

Answer:  Refer to RCW 19.122.020 and the Recommended Standards and Procedures. Sunshine County should mark their excavation area in the correct color (white).  Yellow is reserved for Gas Distribution and Transmission, Oil distribution and Transmission, Dangerous Materials, Product lines and Steam Lines, in accordance with the current color code standard of the American Public Works Association.  This is a national standard for marking and staking procedures.

 

 

 

 

 

 

 

 

 

 

 

 

9.       What criteria should a supervisor use to ensure a successful excavation?

 

Answer:  A supervisor must consider all of the elements that may affect the excavation to ensure worker safety and protection of the underground utilities from damage.  Such as: Ensure all utilities are located. When approaching the tolerance zone, either hand dig or use non-intrusive methods to verify exact utility location before excavating. Evaluate soil conditions to ensure trench stability. Provide adequate support for utilities during excavation and back filling operations. Provide traffic control at the work site. Consider confined space and air quality.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Application of the Law

 

 

10.     All Wet Water Company owns water pipelines in the county right-of-way and does not belong to the One-Call locator service.  Tom Jones Construction is on a tight schedule for his employer and refuses to excavate because All Wet has not located.  Tom’s employer fines him $200.00 per day because the job is not completed on time.

          Who is responsible for the s$200.00 charges?

 

Answer:  Refer to RCW 19.122.030 Tom has the right to bill the All Wet Water Company for costs incurred.  Excavators have the right to receive compensation from the owner of the underground facility for costs incurred if the owner does not locate facilities in accordance with this section.  Tom must also remember to cease excavating if he discovers underground facilities were not identified.

 

 

 

 

 

 

 

 

 

 

11.     On August 25th, a utility locate request was made by Easy Excavation Company.  They planned to start installing a new phone cable on August 29th.  As Easy Excavation started its job, a television cable was damaged.  The television cable is owned by Merylyn’s Cable Company and serves approximately ten residents.  Review of the locate request shows Merylyn’s Cable Company was not contacted to perform a locate because they did not belong to the local One-Call locator service.

          Is Easy Excavation liable for damages?

 

Answer:  Refer to RCW 19.122.030, RCW 19.122.040, and WAC 296-155-655 No.  Merylyn’s Cable Company put the excavator at risk by not belonging to a One-Call service.  It is assumed that Easy Excavation did not know there was a television cable in the area prior to excavating.  All owners of underground facilities within a one-number locate service area MUST subscribe to the service.  If an underground facility is damaged and such damage is the consequence of the failure to fulfill an obligation under this chapter, the party failing to fulfill that obligation shall be liable for any damages.  The location of utility installations, such as sewer, telephone, television, fuel, electric, waterlines, or any other underground installations that reasonably may be expected to be encountered during excavation work, MUST be located prior to opening an excavation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

III.  Safety Tips:  What To Do and Not To do After Damaging A Utility

 

Sometimes even when everything is done correctly, buried utilities can still be damaged.  When damage occurs, always notify the utility company and the One-Call center immediately.  If life and property are in danger, also notify emergency services by calling 911.

 

Examples of some possible effects of damage to underground utilities, as well as some suggestions on what to do and not to do if damage occurs, are listed below.  These are suggested guidelines; your local utility may have more specific instructions.

 

Communication Lines: The loss of a single telephone line could stop a call to a doctor or 911.

 

Fiber Optics

 

One fiber optic strand may carry thousands of calls.  A damaged cable could shut down major operations, such as an airport tower.  If a fiber optics cable is damaged, do not touch it with bare hands.  Do not try to straighten a bent cable and do not look into the end of the fiber.  Anyone that damages a fiber optic line that can not be repaired to minimum production may be held liable for costs to replace the entire segment.

 

Power Lines

 

A single broken electric service line could disrupt the flow of electricity to vital equipment, such as life support systems.  If you are an excavator and your machinery comes in contact with live power (above ground or buried), do not dismount the machine unless absolutely necessary.  If it is necessary to dismount the machine, do so by jumping clear of the machine in one motion and landing on both feet at the same time.  Shuffle your feet, making sure neither foot leaves the ground or separates from the other for at least thirty feet.  Do not touch anything while in the potentially electrified area (i.e., machine, another employee, trees, etc).

Natural Gas Lines

 

If you detect a natural gas odor, shut off any sources of ignition (i.e., equipment, telephones, pages, etc.).  Keep workers, members of the public and vehicle traffic a safe distance away from the area of the odor.  Note:  Some transmission lines are not odorized.  If a steel line is pulled or bent and there is no odor or noise, immediately check the meters on nearby buildings to make sure there isn’t a broken fitting or pulled meter.  Call the gas company immediately so they can probe the ground for underground breaks in the system.

IV.  State Underground Utility Laws

 

Document Name:  RCW 19.122 Underground Utilities Dig Laws

Description:  RCW 19.122 State of Washington Dig Laws Relating to Underground Utilities

June 26, 2001

 

NOTE:  RCW 19.122.055 was amended in 2001.  The new language is included in this document.

 

REVISED CODE OF WASHINGTON

 

TITLE 19 BUSINESS REGULATIONS – MISCELLANEOUS

 

CHAPTER 19.122 UNDERGROUND UTILITIES

 

Sections

 

19.122.010  Intent.

 

19.122.020  Definitions.

 

19.122.027  One-number locator services – Single state-wide toll-free telephone number.

 

19.122.030  Notice of excavation to owners of underground facilities – One-number locator service – Time for notice – Marking of underground facilities – Costs.

 

19.122.033  Notice of excavation to pipeline companies.

 

19.122.035  Pipeline company duties after notice of excavation – Examination – Information of damage – Notification of local first responders.

 

19.122.040  Underground facilities identified in bid or contract – Excavator’s duty of reasonable care – Liability for damages – Attorneys’ fees.

 

19.122.045  Exemption from liability.

 

19.122.050  Damage to underground facility – Notification by excavator – Repairs or relocation of facility.

 

19.122.055  Failure to notify one-number locator service – Civil penalty, if damages;

 

19.122.060  Exemption from notice and marking requirements for property owners.

 

19.122.070  Civil penalties – Treble damages – Existing remedies not affected.

 

19.122.075  Damage or removal of permanent marking – Civil penalty.

 

19.122.080  Waiver of notification and marking requirements.

 

19.122.900  Severability – 1984 c 144.

 

 

RCW 19.122.010  Intent

 

It is the intent of the legislature in enacting this chapter to assign responsibilities for locating and keeping accurate records of utility locations, protecting and repairing damage to existing underground facilities, and protecting the public health and safety from interruption in utility services caused by damage to existing underground utility facilities.  [1984 c 144 § 1.]

 

RCW 19.11.020  Definitions

 

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

 

(1)  “Business day” means any day other than Saturday, Sunday, or a legal local, state, or federal holiday.

 

(2)  “Damage” includes the substantial weakening of structural or lateral support of an underground facility, penetration, impairment, or destruction of any underground protective coating, housing, or other protective device, or the severance, partial or complete, of any underground facility to the extent that the project owner or the affected utility owner determines that repairs are required.

 

(3)  “Emergency” means any condition constituting a clear and present danger to life or property, or a customer services outage.

 

(4)  “Excavation” means any operation in which earth, rock, or other material on or below the ground is moved or otherwise displaced by any means, except the tilling of soil less than twelve inches in depth for agricultural purposes, or road and ditch maintenance that does not change the original road graded or ditch flowline.

 

(5)  “Excavator” means any person who engages directly in excavation.

 

(6)  “Gas” means natural gas, flammable gas, or toxic or corrosive gas.

 

(7)  “Hazardous liquid” means:  (a) Petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195 as in effect on March 1, 1998; and (b) carbon dioxide.  The utilities and transportation commission may be rule incorporate by reference other substances designated as hazardous by the secretary of transportation.

 

(8)  “Identified facility” means any underground facility which is indicated in the project plans as being located within the area of proposed excavation.

 

(9)  “Identified but unlocatable underground facility” means an underground facility which has been identified but cannot be located with reasonable accuracy.

 

(10)  “Locatable underground facility” means an underground facility which can be field-marked with reasonable accuracy.

 

(11)  “Marking” means the use of stakes, paint, or other clearly identifiable materials to show the field location of underground facilities, in accordance with the current color code standard of the American public works association.  Markings shall include identification letters indicating the specific type of the underground facility.

 

(12)  “Person” means an individual, partnership, franchise holder, association, corporation, a state, a city, a county, or any subdivision or instrumentality of a state, and its employees agents, or legal representatives.

 

(13)  “Pipeline” or “pipeline system” means all or parts of a pipeline facility through which hazardous liquid or gas moves in transportation, including, but not limited to, line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein, and breakout tanks.  “Pipeline” or “pipeline system” does not include process or transfer pipelines as defined in RCW 81.88.010.

 

(14)  “Pipeline company” means a person or entity constructing, owning, or operating a pipeline for transporting hazardous liquid or gas.  A pipeline company does not include:  (a) Distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas at retail; or (b) excavation contractors or other contractors that contract with a pipeline company.

 

(15)  “Reasonable accuracy” means location within twenty-four inches of the outside dimensions of both sides of an underground facility.  See Tolerance Zone Chart on page 39.

 

(16)  “Underground facility” means any item buried or placed below ground for use in connection with the storage of conveyance of water, sewage, electronic, telephonic or telegraphic communications, cablevision, electric energy, petroleum products, gas, gaseous vapors, hazardous liquids, or other substances and including but to limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments, and those parts of poles or anchors below ground.  This definition does not include pipelines as defined in subsection (13) of this section, but does include distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas at retail.

 

(17)  “One-number locator service” means a service through which a person can notify utilities and request field-marking of underground facilities.

 

[2000 c 191 § 15; 1984 c 144 § 2.]

 

RCW 19.122.027  One-Number Locator Services – Single State-Wide Toll-Free Telephone Number.

 

(1)  By December 31, 2000, the Utilities and Transportation Commission shall cause to be established a single State-wide toll-free telephone number to be used for referring excavators to the appropriate one-number locator service.

 

(2)  The Utilities and Transportation Commission, in consultation with the Washington Utilities Coordinating Council, shall establish minimum standards and best management practices for one-number locator services consistent with the recommendations of the governor’s fuel accident prevention and response team issued in December 1999.  By December 31, 2000, the commission shall provide its recommendations to the appropriate standing committees of the house of representatives and the senate.

 

(3)  One-number locator services shall be operated by non governmental agencies.

 

[2000 c 191 § 16.]

 

RCW 19.122.030  Notice of Excavation to Owners of Underground Facilities – One-Number Locator Service – Time for Notice – Marking of Underground Facilities – Costs.

 

(1) Before commencing any excavation, excluding agriculture tilling less than twelve inches in depth, the excavator shall provide notice of the scheduled commencement of excavation to all owners of underground facilities through a one-number locator service.

 

(2)  All owners of underground facilities within a one-number locator service area shall subscribe to the service.  One-number locator service rates for cable television companies will be based on the amount of their underground facilities.  If no one-number locator service is available, notice shall be provided individually to those owners of underground facilities known to or suspected of having underground facilities within the area of proposed excavation.  The notice shall be communicated to the owners of underground facilities not less than two business days or more than ten business days before the scheduled date for commencement of excavation, unless otherwise agreed by the parties.

 

(3)  Upon receipt of the notice provided for in this section, the owner of the underground facility shall provide the excavator with reasonably accurate information as to its locatable underground facilities by surface-marking the location of the facilities.  If there are identified but unlocatable underground facilities, the owner of such facilities shall provide the excavator with the best available information as to their locations.  The owner of the underground facility providing the information shall respond no later than two business days after the receipt of the notice or before the excavation time, at the option of the owner, unless otherwise agreed by the parties.  Excavators shall not excavate until all known facilities have been marked.  Once marked by the owner of the underground facility, the excavator is responsible for maintaining the markings.  Excavators shall have the right to receive compensation from the owner of the underground facility for costs incurred if the owner of the underground facility does not locate its facilities in accordance with this section.

 

(4)  The owner of the underground facility shall have the right to receive compensation for costs incurred in responding to excavation notices given less than two business days prior to the excavation from the excavator.

 

(5)  An owner of underground facilities is not required to indicate the presence of existing service laterals or appurtenances if the presence of existing service laterals or appurtenances on the site of the construction project can be determined from the presence of other visible facilities, such as buildings, manholes, or meter and junction boxes on or adjacent to the construction site.

 

(6)  Emergency excavations are exempt from the time requirements for notification provided in this section.

 

(7)  If the excavator, while performing the contract, discovers underground facilities which are not identified, the excavator shall cease excavating in the vicinity of the facility and immediately notify the owner of operator of such facilities, or the one-number locator service.

 

[2000 c 191 § 17;  1988 c 99 § 1;  1984 c 144 § 3.]

 

RCW 19.122.033  Notice of Excavation to Pipeline Companies.

 

(1)  Before commencing any excavation, excluding agricultural tilling less than twelve inches in depth, an excavator shall notify pipeline companies of the scheduled commencement of excavation through a one-number locator service in the same manner as is required for notifying owners of underground facilities of excavation work under RCW 199.122.030.  Pipeline companies shall have the same rights and responsibilities as owners of underground facilities under RCW 19.122.030 regarding excavation work.  Excavators have the same rights and responsibilities under this section as they have under RCS 19.122.030.

 

(2)  Project owners, excavators, and pipeline companies have the same rights and responsibilities relating to excavation near pipelines that they have for excavation near underground facilities as provided in RCS 19.122.040.

 

[2000 c 191 § 18.]

 

RCW 19.122.035  Pipeline Company Duties After Notice of Excavation – Examination – Information of Damage – Notification of Local First Responders.

 

(1)  After a pipeline company has been notified by an excavator pursuant to RCW 19.122.033 that excavation work will uncover any portion of the pipeline, the pipeline company shall ensure that the pipeline section in the vicinity of the excavation is examined for damage prior to being reburied.

 

(2)  Immediately upon receiving information of third-party damage to a hazardous liquid pipeline, the company that operates the pipeline shall terminate the flow of hazardous liquid in that pipeline until it has visually inspected the pipeline.  After visual inspection, the operator of the hazardous liquid pipeline shall determine whether the damaged pipeline section should be replaced or repaired, or whether it is safe to resume pipeline operation.  Immediately upon receiving information of third-party damage to a gas pipeline, the company that operates the pipeline shall conduct a visual inspection of the pipeline to determine whether the flow of gas through that pipeline should be terminated, and whether the damaged pipeline should be replaced or repaired.  A record of the pipeline company’s inspection report and test results shall be provided to the Utilities and Transportation Commission consistent with reporting requirements under 49 C.F.R. 195 Subpart B.

 

(3)  Pipeline companies shall immediately notify local first responders and the department of any reportable release of a hazardous liquid from a pipeline.  Pipeline companies shall immediately notify local first responders and the commission of any blowing has leak from a gas pipeline that has ignited or represents a probable hazard to persons or property.  Pipeline companies shall take all appropriate steps to ensure the public safety in the event of a release of hazardous liquid or has under this subsection.

 

(4)  No damaged pipeline may be buried until it is repaired or relocated.  The pipeline company shall arrange for repairs or relocation of a damaged pipeline as soon as is practical or may permit the excavator to do necessary repairs of relocation at a mutually acceptable price.

 

[2000 c 191 § 19.]

 

RCW 19.122.040  Underground Facilities Identified in Bid or Contract – Excavator’s Duty of Reasonable Care – Liability for Damages – Attorneys’ Fees.

 

(1)  Project owners shall indicate in bid or contract documents the existence of underground facilities known by the project owner to be located within the proposed area of excavation.  The following shall be deemed changed or differing site conditions:

 

(a)  An underground facility not identified as required by this chapter or other provision of law; and

 

(b)  An underground facility not located, as required by this chapter or other provision of law, by the project owner of excavator if the project owner or excavator is also a utility.

 

(2)  An excavator shall use reasonable care to avoid damaging underground facilities.  An excavator shall:

 

(a)  Determine the precise location of underground facilities which have been marked;

 

(b)  Plan the excavation to avoid damage to or minimize interference with underground facilities in and near the excavation area; and

 

(c)  Provide such support for underground facilities in and near the construction area, including during backfill operations, as may be reasonably necessary for the protection of such facilities.

 

(3)  If an underground facility is damaged and such damage is the consequence of the failure to fulfill an obligation under this chapter, the party failing to perform that obligation shall be liable for any damages.  Any clause in an excavation contract which attempts to allocate liability, or requires indemnification to shift the economic consequences of liability, different from the provisions of this chapter is against public policy and unenforceable.  Nothing in this chapter prevents the parties to an excavation contract from contracting with respect to the allocation of risk for changed or differing site conditions.

 

(4)  In any action brought under this section, the prevailing party is entitled to reasonable attorney’s fees.

 

[1984 c 144 § 4.]

 

RCW 19.122.045  Exemption from Liability.

 

Excavators who comply with the requirements of this chapter are not liable for any damages arising from contact or damage to an underground fiber optics facility other than the cost to repair the facility.

 

[1988 c 99 § 2.]

 

RCW 19.122.050  Damage to Underground Facility – Notification by Excavator – Repairs or Relocation of Facility.

 

(1)  An excavator who, in the course of excavation, contacts or damages an underground facility shall notify the utility owning or operating such facility and the one-number locator service.  If the damage causes an emergency condition, the excavator causing the damage shall also alert the appropriate local [public safety agencies and take all appropriate steps to ensure the public safety.  No damaged underground facility may be buried until it is repaired or relocated.

 

(2)  The owner of the underground facilities damaged shall arrange for repairs or relocation as soon as is practical or may permit the excavator to do necessary repairs of relocation at a mutually acceptable price.

 

[1984 c 144 § 5.]

 

RCW 19.122.055  Failure to Notify One-Number Locator Service – Civil Penalty, if Damages.

 

(1)  Any person who fails to notify the one-number locator service and causes damage to a hazardous liquid or gas pipeline is subject to a civil penalty of not more than ten thousand dollars for each violation.

 

(2)  All civil penalties recovered under this section shall be deposited into the pipeline safety account created in RCW 81.88.050.

 

[2001 c 238 § 5]

 

RCW 19.122.060  Exemption from Notice and Marking Requirements for Property Owners.

 

An excavation of less than twelve inches in vertical depth on private noncommercial property shall be exempt from the requirements of RCW 19.122.030, if the excavation is being performed by the person or an employee of the person who owns or occupies the property on which the excavation is being performed.