CHAPTER
Puc 800 UNDERGROUND UTILITY DAMAGE PREVENTION
PROGRAM
Statutory
Authority: RSA 374:50
PART
Puc 801 APPLICATION OF RULES
Puc 801.01 Purpose.
(a) The purpose of Puc 800
is to protect the public, operators, and excavators from physical harm,
damages, and interrupted service resulting from damage to underground
facilities.
(b) Puc 800 establishes
procedures and requirements relative to:
(1) Minimum
requirements for the operation of the system, including notification
procedures;
(2) The
investigation of complaints including enforcement;
(3) Emergency
situations for which notice of excavation pursuant to RSA 374:51, II, is not
required; and
(4) Minimum standards
of marking the tolerance zone.
Source. #2050, eff 6-13-82; ss by #2912, eff
11-26-84, EXPIRED: 11-26-90
New. #5616, eff 4-20-93, EXPIRED: 4-20-99
New. #7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00;
ss by #7350, eff 8-23-00; ss by #9226, INTERIM, eff 8-16-08; ss by #9318, eff
11-8-08; ss by #12102, eff 2-8-17
(a) Each operator, as defined in Puc 802.12, shall:
(1) Comply with Puc 800 and RSA 374:48-56; and
(2) Maintain
membership with the notification center.
(b) Any
person, including any person who owns or operates an underground facility in
New Hampshire but who is not an operator, as defined in Puc
802.12, may become a member of the notification center.
(c) Any member of the notification center who is
not an operator but who owns or operates an underground facility shall comply
with Puc 800.
Source. #7350, eff 8-23-00; ss by #9226, INTERIM,
eff8-16-08; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17
PART Puc 802 DEFINITIONS
Puc
802.01 “Blasting”
means “blasting” as defined in RSA 374:48, VIII, namely, “excavation by means
of explosives.”
Source. #2050, eff 6-13-82; ss by #2912, eff
11-26-84, EXPIRED: 11-26-90
New. #5616, eff 4-20-93, EXPIRED: 4-20-99
New. #7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00;
ss by #7350, eff 8-23-00; ss by #9226, INTERIM, eff 8-16-08; ss by #9318, eff
11-8-08; ss by #12102, eff 2-8-17
Puc 802.02 “Commission” means “commission” as
defined in RSA 374:48, I, namely, “the public utilities commission.”
Source. #7350, eff 8-23-00; ss by #9226, INTERIM,
eff 8-16-08; ss and moved by #9318, eff 11-8-08 (from
Puc 802.01); ss by #12102,
eff 2-8-17
Puc 802.03 “Damage” means any impact or exposure
that results in the need to repair an underground facility due to the weakening
or the partial or complete destruction of the underground facility, including,
but not limited to, the protective coating, lateral support, corrosion control,
or the housing for the line, device, or underground facility.
Source. #7350, eff 8-23-00; ss by #9226, INTERIM,
eff 8-16-08; ss and moved by #9318, eff 11-8-08 (from
Puc 802.02); ss by #12102,
eff 2-8-17
Puc 802.04
“Emergency situation” means a sudden or unexpected occurrence involving
a clear and imminent danger demanding immediate action to prevent or mitigate
loss of, or damage to, life, health, property, or essential public services.
Source. #7350, eff 8-23-00; ss by #7900, eff
5-29-03; ss and moved by #9318, eff 11-8-08 (from Puc
802.03); ss by #12102, eff 2-8-17
Puc 802.05
“Excavation” means “excavation” as defined in RSA 374:48, III, namely,
“any operation conducted on private property or in a public way, right-of-way,
easement, public street, or other public place, in which earth, rock, or other
material in the ground is moved, removed, or otherwise displaced by means of
any tools, equipment, or explosive, and includes but is not limited to
drilling, grading, boring, milling, trenching, tunneling, scraping, tree and
root removal, cable or pipe plowing, fence or sign post installation, pile
driving, wrecking, razing, rending or moving any structure or mass material,
but does not include the tilling of soil for agricultural purposes, landscaping and maintenance of
residential property performed with non-mechanized equipment, landscaping
activities performed with mechanized equipment that are intended to cut
vegetation, including lawn edging, aeration, and de-thatching, excavations
permitted or grand fathered under RSA 155-E, or replacement of
department-of-transportation-installed delineator posts in the same location.”
Source. #7350, eff 8-23-00; ss by #9226, INTERIM,
eff 8-16-08; ss and moved by #9318, eff 11-8-08 (from
Puc 802.04); ss by #12102,
eff 2-8-17
Puc 802.06 “Excavator” means “excavator” as
defined in RSA 374:48, IV, namely, “any person performing an excavation.”
Source. #7350, eff 8-23-00; ss by #9226, INTERIM, eff
8-16-08; ss and moved by #9318, eff 11-8-08 (from Puc 802.05); ss by #12102, eff
2-8-17
Puc 802.07
“Extraordinary circumstances” means events or conditions other than
normal operating conditions which exist and make it significantly impractical
or impossible for an underground facility owner or member owning, operating, or
both, an underground facility to comply with the provisions of Puc 800, including, but not limited to, hurricanes,
tornadoes, floods, ice or snow, and acts of God.
Source. #7350, eff 8-23-00; ss
by #9226, INTERIM, eff 8-16-08; ss and moved by
#9318, eff 11-8-08 (from Puc 802.06); ss by #12102, eff 2-8-17
Puc 802.08 “Hand digging” means any excavation involving
non-mechanized tools or equipment and includes, but is not limited to, digging
with shovels, picks, probing bars, and manual post hole diggers.
Source. #7350, eff 8-23-00; ss by #9226, INTERIM, eff
8-16-08; ss and moved by #9318, eff 11-8-08 (from Puc 802.07); ss by #12102, eff
2-8-17
Puc 802.09 “Holiday” means any legal holiday
pursuant to RSA 288:1 or, when such holiday falls on a Sunday, the following
day pursuant to RSA 288:2.
Source. #7350, eff
8-23-00; ss by #9226, INTERIM, eff 8-16-08; ss by
#9318, eff 11-8-08; ss by #12102, eff 2-8-17
Puc 802.10 “Locator” means a person acting on
behalf of an operator to identify and mark the locations of underground
facilities in accordance with Puc 806.
Source. #7350, eff 8-23-00; ss by #9226, INTERIM, eff
8-16-08; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17
Puc 802.11
“Notification center” means the entity that performs the primary
function of the system, is open to all operators within the state of New
Hampshire, maintains a database of its members and operators and the specific
geographic areas in which each of its members and operators desires to receive
notice of proposed excavation, and which has the capability to transmit notices
of proposed excavation to its members and operators by teletype, telecopy,
personal computer, telephone, or other comparable means.
Source. #7350, eff 8-23-00; ss by #7900, eff 5-29-03;
ss and moved by #9318, eff 11-8-08 (from Puc 802.10);
ss by #12102, eff 2-8-17
Puc 802.12 “Operator” means “operator” as defined
in RSA 374:48, IV-a, namely, “any public utility as defined in RSA 362:2 or RSA
362:4, any cable television system as defined in RSA 53-C:1, and any liquefied
petroleum gas company operating any jurisdictional facility or facilities as
defined by the Natural
Gas Pipeline Safety Act (49 U.S.C. chapter 601) that owns or operates
underground facilities.”
“Operator” also includes any rural electric cooperatives for which a
certificate of deregulation is on file with the commission pursuant to RSA
362:2, II, and any voice over internet protocol and internet protocol-enabled
service provider pursuant to RSA 362:7, III (e).
Source. #7350, eff 8-23-00; ss by #9226, INTERIM, eff
8-16-08; ss and moved by #9318, eff 11-8-08 (from Puc 802.11); ss by #12102, eff
2-8-17
Puc 802.13 “Person” means “person” as defined in
RSA 374:48, V, namely, “any individual, trust, firm, joint stock company,
corporation (including a government corporation), partnership, association, state,
municipality, commission, United States government or any agency thereof,
political subdivision of the state, or any interstate body.”
Source. #7350, eff 8-23-00; ss by #9226, INTERIM, eff
8-16-08; ss and moved by #9318, eff 11-8-08 (from Puc 802.12); ss by #12102, eff
2-8-17
Puc 802.14 “Premark” means identifying the
perimeter of the proposed site of an excavation by marking the perimeter in an
appropriate manner in white paint, stakes, or other suitable white markings on
non-paved surfaces. “Premark” also
includes pink markings when winter conditions would render white premarkings not clearly visible.
Source. #7350, eff 8-23-00; ss by #9226, INTERIM, eff
8-16-08, EXPIRES: 2-12-09; ss and moved by #9318, eff
11-8-08 (from Puc 802.13); ss
by #12102, eff 2-8-17
Puc 802.15
"System” means “system” as defined in RSA 374:48,VI, namely, “the
underground facility damage prevention system referred to in RSA 374:49”.
Source. #7350, eff 8-23-00; ss by #9226, INTERIM, eff
8-16-08, EXPIRES: 2-12-09; ss and moved by #9318, eff
11-8-08 (from Puc 802.14); ss
by #12102, eff 2-8-17
Puc 802.16 “Tolerance zone” means an area
surrounding an underground facility, which is equal to the width of the
underground facility plus 18 inches measured horizontally on either side of the
underground facility.
Source. #7350, eff 8-23-00; ss by #7900, eff 5-29-03;
ss and moved by #9318, eff 11-8-08 (from Puc 802.15);
ss by #12102, eff 2-8-17
Puc 802.17
“Underground facility” means “underground facility” as defined in RSA
374:48, VII, namely, “any property which is buried, placed below ground, or
submerged on a public way, private property, right-of-way, easement, public
street, or other public place and is being used or will be used for the
conveyance of cable television, electricity, gas, sewerage, steam, telecommunications
or water.”
Source. #9318, eff 11-8-08 (from Puc
802.16); ss by #12102, eff 2-8-17
PART
Puc 803 SYSTEM REQUIREMENTS
Puc 803.01 Procedures and Operation of
Notification Center.
(a)
The system shall operate a notification center, as contemplated by RSA
374:49.
(b)
The notification center required by (a) above shall:
(1) Receive notification from excavators about
intended excavation activities;
(2) Provide to excavators who give notice of an intent to engage in an excavation activity the names of
potentially affected operators and members owning or operating underground
facilities to whom the notification center shall transmit notice;
(3) Promptly transmit to potentially affected
operators and members the information received from excavators about intended
excavation activities;
(4) Provide the
excavator, at the time of initial contact, a registration number confirming the
notification of intended excavation activity;
(5) Create a record, which shall include the
material included in (6) below, of each notification of the intent to engage in
an excavation activity and related communication;
(6) Create, pursuant to (5) above, a record of
each proposed excavation, including the following:
a. The
name of the person notifying the notification center;
b. The
name, address, and telephone number of the excavator;
c. The
specific location, including
information such as:
1. Latitude and longitude coordinates;
2. Two cross street
locations;
3. Notable landmarks;
4. Utility pole numbers
that are verifiable in the field; or
5. Mile markers;
d. The starting
date for the proposed excavation;
e. The
most current and accurate description of the intended excavation activity, to
include information regarding any blasting or any trenchless excavation
methods;
f. The
name(s) of any sub-contractor or other person or entity who the excavator
indicates may excavate at the intended excavation site on behalf of the
excavator making the notification;
g. The
date and time of the notification;
h. The
confirmation or registration number;
i. The
identity of potentially affected members and operators that the notification
center contacts to inform of the intended excavation activity;
j. The
date and time the notification center transmitted notice of the intended
excavation activity to each potentially affected member and operator;
k. The date and time the
notification will expire in accordance with Puc
805.01(b); and
l. As
to any material follow-up communication relating to the proposed excavation
activity directed to the communications center:
1. The party or parties involved in the
communication;
2. The content of the communication;
3. The date and time of the communication; and
4. The date, time, and recipient of any
transmittal of the communication; and
(7) Maintain the record required to be kept by
(5) and (6) above for a period of a minimum of 3 years from the date of the
last communication.
(c)
The current toll-free telephone numbers of the notification center for
reporting proposed excavations and otherwise communicating with the
notification center shall be, 811 or 888-“DIG-SAFE”, which is, 888-344-7233.
(d)
The notification center shall maintain an internet-based system for
proposed excavations at www.digsafe.com.
(e)
Operators and members of the notification center shall use
communications equipment that is compatible with the notification center.
(f)
The notification center shall develop and implement procedures and use
communication equipment which are adequate to
acknowledge calls within 20 seconds.
(g)
The notification center shall staff its operation a minimum of 10 hours
each day, 5 days each week, excluding Saturdays, Sundays, and holidays, to
respond to both routine and emergency calls.
(h)
During the hours that the notification center is not operated by staff,
the notification center shall provide at a minimum for an answering service
capable of responding to an emergency notification request 24 hours per day, 7
days per week.
(i) The training provided by the notification
center shall direct the public to make emergency calls to 911.
(j)
The notification center shall be capable of responding to a request for
emergency notification and shall transmit the information as provided in (k)(3) below.
(k)
The notification center shall transmit information as follows:
(1) Notices of proposed excavation activities to
potentially affected members and operators by 5:00 p.m. on the date of receipt;
(2) Routine messages by 5:00 p.m. on the date of
receipt; and
(3) Messages relating to emergency situations, as
described in Puc 805.03, to any potentially affected
member, operator, or excavator, as applicable, as soon as possible, but not
later than 10 minutes following receipt.
Source. #2050, eff 6-13-82; ss by #2912, eff
11-26-84, EXPIRED: 11-26-90
New. #5616, eff 4-20-93, EXPIRED: 4-20-99
New. #7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00;
ss by #7350, eff 8-23-00; ss by #9226, INTERIM, eff
8-16-08; ss by #9318, eff 11-8-08; ss by #12102, eff
2-8-17
Puc 803.02 Education and Training.
(a)
The notification center shall assure that the toll-free telephone number
shall be prominently displayed in telephone directories state-wide.
(b)
The notification center shall:
(1) Make available literature describing the
notification center;
(2) Assure the distribution of such literature to
the public; and
(3) Make such literature available for purchase
and distribution by requesting parties.
(c)
The notification center shall, upon request, provide training to its
members regarding the operations of the notification center.
(d)
The notification center shall provide all members and interested persons
with a brochure explaining the notification center's objectives, procedural
guidelines, and opportunities for member participation.
Source. #2050, eff 6-13-82; ss by #2912, eff
11-26-84, EXPIRED: 11-26-90
New. #5616, eff 4-20-93, EXPIRED: 4-20-99
New. #7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00;
ss by #7350, eff 8-23-00; ss by #9226, INTERIM, eff
8-16-08; ss by #9318, eff 11-8-08; ss by #12102, eff
2-8-17
PART
Puc 804 DUTIES OF OPERATORS
Puc 804.01 Reporting
Requirements for Operators of Underground Facilities.
(a)
Each operator shall file monthly, including any month in which there are
no violations to report, with the commission, on or before the 15th
day of the following month, written reports of probable violations of Puc 800, damage to underground facilities, or both.
(b)
Each operator shall file reports required by (a) above on Form E-26
dated 12/2014 and available at the commission website at www.puc.nh.gov/forms.
(c)
If there are no reportable incidents during a month the operator shall
file a one page notification report using Form E-26, on or before the 15th
day of the following month, identifying the owner or operator and stating that
no reportable incident of damage or a violation occurred during the month.
(d)
The operator shall send the reporting form required by this section to
the New Hampshire public utilities commission, safety division, at its mailing
address as provided on Form E-26 or electronically, including other
pertinent information as attachments to Form E-26 as specified in Form E-26.
(e) After December 31, 2016, upon
exposure of previously unrecorded or inaccurately recorded underground
facilities in the course of excavation the operator shall verify and modify the
existing records as necessary.
(f)
The operator shall maintain records of all existing underground facility
locations identified pursuant to (e) above and of all underground facilities
abandoned in place after December 31, 2016.
Source.
#2912, eff 11-26-84, EXPIRED: 11-26-90
New. #5616, eff 4-20-93, EXPIRED: 4-20-99
New. #7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00;
ss by #7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17
Puc 804.02 Notification Requirements.
(a)
Any operator who owns, operates, or both, an
underground facility used in the
transportation of gas or hazardous liquids and subject to the federal pipeline
statute, 49 U.S.C. §§ 60101 to 60137, shall:
(1) Maintain a current list of the names and
contact information of persons who normally engage in excavation activities in
the area in which any underground facility is located, which is owned by that
operator, and is used in the transportation of gas or hazardous liquids and
subject to the federal pipeline statute;
(2) Notify abutters of the existence of an
underground facility used in the transportation of gas or hazardous liquids subject
to the federal pipeline statute, owned by that operator; and
(3) Notify persons who normally excavate in the
area in which an underground facility used in the transportation of gas or
hazardous liquids subject to the federal pipeline statute owned by that
operator, as often as needed to make them aware of the notification center,
including:
a. The
notification center’s existence and purpose; and
b. How
to learn the location of underground facilities before excavation activities
begin.
(b)
An affected operator shall complete the notification required by Puc 804.02(a)(2) above by:
(1) Distributing fliers;
(2) Informational mailings;
(3) Placing line markers;
(4) Signage; or
(5) Other reasonable public education outreach
actions.
(c)
An affected operator shall complete the notification required by Puc 804.02(a)(3) above by
distributing informational mailings, conducting informational sessions, or
other means of effective communication.
(d)
An operator who participates in an underground utility damage prevention
system shall not be required to locate underground facilities not owned by the
operator, including, but not limited to, any such underground facilities
running from a house to a garage or other
outbuilding.
(e)
When no underground facility is
within the area of a proposed excavation, an owner or
operator receiving notification of the proposed excavation shall so advise the
excavator by:
(1) Marking the non-existence of facilities within
the premarked area of intended excavation in
accordance with Puc 806;
(2) Participating in a meeting where details of
the job site are discussed and documented; or
(3)
Communicating with the excavator via e-mail, fax, telephone, or other electronic
communication, provided that the excavator confirms receipt of such
communication.
Source. #2050, eff 6-13-82; ss by #2912, eff
11-26-84, EXPIRED: 11-26-90
New. #5616, eff 4-20-93, EXPIRED: 4-20-99
New. #7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00;
ss by #7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17
Puc 804.03 Training of Locators.
(a)
Locators shall be trained in accordance with the National Utility
Locating Contractors Association (NULCA) Professional Competence Standards for
Locating Technicians, Fourth Edition 2015, available as noted in
Appendix B, including the competencies as described in (b) below.
(b)
To meet the requirements of (a), training programs for locators shall
include, at a minimum, the following competencies:
(1) Electromagnetic
locating;
(2) Instruction in the
use of transmitters and receivers;
(3) Procedures for marking
underground facilities;
(4) Training in the
identification of facilities;
(5) Safety procedures;
(6) Operator map and
record reading; and
(7) Familiarity with
the rules in this chapter.
Source. #9318, eff 11-8-08; ss
by #12102, eff 2-8-17
PART
Puc 805 DUTIES OF AN EXCAVATOR
Puc 805.01 Notification Required Prior
to Excavation.
(a) No person shall perform an excavation
within 100 feet of an underground facility, except in an emergency situation
pursuant to Puc 805.03, without first giving
notification in accordance with this section.
(b)
Excavators shall, pursuant to RSA 374:51 notify the notification center:
(1) Not less than 72 hours prior to the proposed
excavation, not including Saturdays, Sundays and legal holidays; and
(2) Not more than 30 days prior to the proposed
excavation.
(c)
The excavator’s notification, required by (a) above, shall be valid for
30 calendar days from the date and time the notification center confirms the
notification.
(d)
When an excavator contacts the notification center as described in (a)
above, it shall provide the following:
(1) The name of the person notifying the
notification center;
(2) The name, address, and telephone number of
the excavator;
(3)
The name of each sub-contractor or other person or entity who is expected to
excavate at the intended excavation site on behalf of the excavator making the
notification; and
(4) The specific location, including
information such as:
a. Latitude and longitude
coordinates;
b. Two cross street
locations;
c. Notable landmarks;
d. Utility pole numbers that are verifiable
in the field; or
e. Mile markers;
(5) The starting date
for the proposed excavation; and
(6) The most current and accurate description of
the intended excavation activity, to include information regarding any blasting
or any trenchless excavation methods.
(e)
Prior to complying with the notification requirements of RSA 374:51, II
and (a) above, an excavator shall, pursuant to RSA 374:51, IV, premark the area of proposed excavation by identifying the
perimeter of the proposed site of the excavation.
(f)
The excavator shall premark in a way that does
not interfere with traffic or pedestrian control and is not misleading to the
general public.
(g)
An excavator shall not be required to premark
any continuous excavation that is over 100 feet in length, or any pole
replacement that is within 5 feet of an existing location.
(h)
If an excavation for a pole replacement is within 5 feet of an existing
location, the excavator shall communicate the perimeter of the excavation to
any potentially affected operator, member of the notification center who owns
or operates an underground facility, or both, by any one of the following
methods:
(1) Providing a detailed description of the site
area;
(2) Providing detailed construction plans;
(3) Holding an on-site meeting with potentially
affected operators; or
(4)
Providing other effective means of communicating the perimeter of the
excavation to any potentially affected operator, member, or both, of the
notification center who owns or operates an underground facility.
(i) If an excavation is over 100 feet in length,
the excavator shall communicate the perimeter of the excavation to any
potentially affected operator, member of the notification center who owns or
operates an underground facility, or both, by any 2 of the following methods:
(1) Providing a detailed description of the site
area;
(2) Providing detailed construction plans;
(3) Holding an on-site meeting with potentially
affected operators; and
(4)
Providing other effective means of communicating the perimeter of the
excavation to any potentially affected operator, member, or both, of the
notification center who owns or operates an underground facility.
(j)
Once an owner or operator of an underground facility has marked the
location of its underground facility in the area of an excavation, pursuant to
RSA 374:53 and Puc 805.02, the excavator, and any , employee, or agent of the excavator performing work on
behalf of the excavator at the site, shall be responsible for maintaining the
markings during the excavation.
(k)
No person or entity not an employee of the excavator shall excavate on
behalf of an excavator as a subcontractor or otherwise without separately
complying with the notification requirements of this section, unless the
excavator has notified the notification center of the identity of that person
or entity as provided in (d)(3) above.
(l)
A subcontractor of the excavator or other entity may excavate pursuant
to the excavator’s notification to the notification center if the subcontractor
or entity:
(1) Performs excavation at the location specified
in the notification;
(2) Has a contract or other written authorization
to perform the excavation for the excavator;
(3) Does the excavation work specified in the
notification;
(4) Is listed with the notification center, as
provided in (d)(3) above; and
(5) Otherwise complies with Puc
800, RSA 374:48-56 and other applicable law.
(m)
No person shall misuse the intent of the notification center by making a
request for marking of an underground facility for other than excavating
activities, such as for conducting an engineering design, or without a present
intention to excavate at the site subject to the request within 30 days.
Source.
#5616, eff 4-20-93, EXPIRED: 4-20-99
New. #7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00;
ss by #7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17
Puc 805.02 Excavation That Affects the
Tolerance Zone.
(a) Any person conducting excavation
activity that affects the tolerance zone surrounding an underground facility shall
exercise at all times such reasonable care as is necessary to protect the
underground facility from damage.
(b)
Except as provided in (c) below, in order to locate and identify an
underground facility, the excavator shall excavate by methods limited to:
(1) Hand digging;
(2) Pot holing;
(3) Soft digging;
(4) Vacuum excavation;
(5) Other mechanical methods with the approval of
the underground facility owner or operator; or
(6) Other methods accepted in the industry
consistent with the alternatives listed in (1) through (5) above, which clearly
will not affect the integrity of the underground facility.
(c)
For bituminous pavement and concrete travel surface removal an excavator
shall not be limited to hand digging and the other non-invasive methods cited
in (b) above.
(d)
For parallel type excavations, such as excavation along an existing
underground facility at an approximately equal distance when measured
periodically, the excavator shall expose the existing underground facility at intervals
as often as necessary to avoid damage.
(e)
For perpendicular type excavations in which the markings are completed
in accordance with 806.01 (a) (2), the
excavator shall expose the existing underground facility using methods listed
in (b) above within the defined tolerance zone.
(f)
In the event the excavator exposes what appears to be the underground
facility that is offset from the centerline:
(1) The excavator shall not assume there are no
other underground facilities having the same function within the tolerance
zone; and
(2) The excavator shall continue using methods
listed in (b) above through remainder of the tolerance zone unless the
verification of the existence or non-existence of underground facilities is
determined by the operator.
(g) For trenchless excavations, such as
horizontal drilling, boring, pneumatic jacking, tunneling, and pavement
reclamation, reasonable care for purposes of Puc
805.02(a) shall include determining the exact depth
of the underground facility and clearances required by
the operator and incorporating location details into the trenchless excavation
procedure so as to avoid any potential damage of the underground facility.
Source. #5616, eff 4-20-93, EXPIRED: 4-20-99
New. #7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00;
ss by #7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17
Puc 805.03 Emergency Situations.
(a)
If necessary to respond in an emergency situation, an excavator may
begin an excavation without notifying the notification center prior to
excavation as required by Puc 805.01, but shall
notify the notification center at the earliest practicable moment.
(b)
In notifying the notification center of excavation or intended
excavation in an emergency situation, the excavator shall specifically identify
the dangerous condition involved.
(c)
An excavator who excavates in an emergency situation shall not be liable
for a failure to notify the notification center as required by Puc 805.01.
(d)
Nothing in this section shall relieve the excavator from liability if:
(1) The excavator damages an underground facility
which has been properly marked;
(2) The excavator damages an underground facility
which has not been marked; or
(3) The excavation does not qualify as an
emergency excavation.
(e)
No excavator shall indicate to the notification center or to an operator
or member of the notification center that owns or operates an underground
facility that an event constitutes an emergency situation unless the excavator
believes in good faith that the circumstances do constitute an emergency
situation.
(f)
If the parties request, pursuant to Puc 200, a
determination by the commission as whether a situation is, or was, an emergency
situation, the commission shall make such a determination based on a review of
the facts of the situation
and the definition of emergency situation.
Source. #5616, eff 4-20-93, EXPIRED: 4-20-99
New. #7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00;
ss by #7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17
(a) When an excavator determines that blasting
will be required during an excavation, the excavator shall inform the notification
center when providing notice of the excavation.
(b) If an excavator determines during the
effective term of the excavator's notification that blasting is required within
the area premarked in accordance with Puc 805.01 (d), the excavator shall notify the notification
center of the need to blast at least 24 hours prior to any blasting, not
including Saturdays, Sundays, and holidays.
(c) When unanticipated obstructions prevent
further excavation without blasting, the excavator shall provide separate
notice of such blasting not less than four hours in advance of such blasting,
not including the hours of 4:00 p.m. to 6:00 a.m. weekdays, or all of
Saturdays, Sundays, and holidays.
Source. #9318, eff 11-8-08; ss
by #12102, eff 2-8-17
Puc 805.05 Damage
to an Underground Facility.
(a)
When an excavator causes any damage to an underground facility not owned
or operated by the excavator, the excavator shall:
(1) Call 911 when:
a. A gas underground facility is damaged and
there is a release of gas;
b. An electric underground facility is
damaged and an excavator determines that a person may have received an electric
shock; or
c. Any other facility is damaged and public
safety is affected.
(2) Evacuate nearby
structures if necessary;
(3) Contact the facility
owner or operator at the earliest
practical moment following discovery of the damage;
(4) Attempt no repairs,
unless directed to by the facility owner or operator;
(5) Call 811 or 888-DIG SAFE
(Notification Center); and
(6) Report the damage
within 72 hours excluding weekends and holidays to the commission by electronic
mail on Form SNU-0401 dated 12/2014 and available at the commission website at
www.puc.nh.gov/forms.
Source. #9318, eff 11-8-08; ss
by #12102, eff 2-8-17
PART
Puc 806 MARKING THE TOLERANCE ZONE
Puc 806.01 Tolerance
Zone.
(a)
An operator shall
use one of the following marking methods to mark the tolerance zone of an
underground facility:
(1) The corridor
marking method which shall be the practice of placing markers at either
boundary of the tolerance zone, such that the markers will be 18 inches plus
one-half the width of the facility away from the facility centerline;
(2) The centerline marking method which shall be
the practice of placing markers directly over the centerline of the facility
establishing boundaries at points located 18 inches plus one-half the width of
the facility from the markers; or
(3) The offset marking method which shall be the
practice of locating the centerline of the facility and placing markers at
locations which parallel the facility.
(b)
Any operator shall use the offset marking method only when it is
impractical to use either the corridor or centerline methods, such as in
marking in the traveled portion of an unpaved roadway.
(c)
When marking an underground facility, an operator shall mark the
underground facility consistent with the color code for the utility type of the
underground facility, as set forth in Puc 806.02.
(d)
In the event an operator maintains 2 or more underground facilities in
close proximity to each other within the area of the proposed excavation
activity, and the corridor marking method is to be applied, the operator may
mark one tolerance zone.
(e)
When an operator marks 2 or more underground facilities as described in
(d) above:
(1) The operator shall establish the boundaries
of the tolerance zone by use of the corridor marking method by locating the
boundaries of each separate underground facility and placing markers at the
outer boundaries of the multiple underground facilities; and
(2) When the marking results in one area being
marked, the operator shall inform the excavator of the marking of each of the
separate underground facilities within the marked boundaries, either verbally
or by appropriate single markings pursuant to Puc
806.01.
(f)
When an operator maintains 2 or more underground facilities in close
proximity to each other within the area of the proposed excavation and the
centerline marking method is to be applied, the operator shall place markers,
conforming with Puc 806.01(a)(2),
over the centerline of each facility.
(g)
In the event the operator or member who owns and/or operates an
underground facility is unable to designate the location of the underground
facility due to extraordinary circumstances:
(1) The operator or member shall notify the
notification center and provide an estimated completion date;
(2) The notification center shall document on the
existing notification ticket, utilizing an attachment message, that the utility
is unable to designate the location of the underground facility; and
(3) The operator shall notify the excavator who
called the notification center that it is unable to designate the location of
the underground facility due to extraordinary circumstances.
Source. #5616, eff 4-20-93, EXPIRED: 4-20-99
New. #7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00;
ss by #7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17
(a)
Within 72 hours after receipt of notice from a proposed excavator or
from the notification center of a proposed excavation, but not including
Saturdays, Sundays and holidays, an operator or member of the notification
center who owns or operates an underground facility, shall:
(1) Mark the location of its underground facility
in the area of the proposed excavation; or
(2)
If no underground facility is within the area of the proposed excavation, so
notify the excavator pursuant to Puc 804.02(e).
(b)
An operator who participates in an underground utility damage prevention
system shall not be required to locate underground facilities not owned by the
operator, including, but not limited to, any such underground facilities running
from a house to a garage or other outbuilding.
(c)
An operator shall mark underground facilities by the use of paint,
stakes, flags, or by any other means that clearly indicates the location of the
underground facility.
(d)
An operator shall consider the physical characteristics in the area of
the proposed excavation in determining the type of marker to be used.
(e)
Operators shall mark underground facilities according to the following
color code:
(1) Red shall be used for underground facilities
conveying electric power, electric cable conduits, or lighting cables;
(2) Yellow
shall be used for underground facilities conveying gas, oil, steam, petroleum,
or gaseous materials;
(3)
Orange shall be used for underground facilities used for communications, alarm,
signal, communications cables, or communications conduit;
(4) Blue shall be used for underground facilities
conveying potable water;
(5) Green shall be used for underground facilities
conveying sewer or used for drain lines; and
(6) Purple shall be used for underground
facilities conveying reclaimed water such as used for irrigation or slurry
lines.
(f)
Excavators shall use the color white
for the pre-marking of the boundaries of a proposed excavation, except
as provided in (g) below.
(g)
Excavators shall use pink for pre-marking when snow conditions would
render white premarking not clearly visible.
Source. #7350, eff 8-23-00; ss by #7900, eff 5-29-03;
ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17
(a)
When an operator marks its underground facility it shall indicate:
(1) The width of the underground facility for all
facilities greater than 1 inch nominal diameter;
(2) The specific owner or operator of the
underground facility; and
(3) The function of the underground facility.
(b)
For purposes of Puc 806.03 (a)(3) functions shall be marked by using:
(1) The letter E for underground facilities
conveying electricity;
(2) The letter G for underground facilities
conveying gas;
(3) The letters PP for underground facilities
conveying oil;
(4) The letters ST for underground facilities
conveying steam;
(5) The letters CH for underground facilities
conveying chemicals;
(6) The letter T for underground facilities
containing telephone wires or cable;
(7) The letters CATV for underground facilities
conveying cable television signals;
(8) The letters TC for underground facilities
conveying traffic control information or signals;
(9) The letters FA for underground facilities
conveying fire alarm information or signals;
(10) The letter W for underground facilities
conveying water;
(11) The letters RW for underground facilities
conveying reclaimed water;
(12) The letter S for underground facilities
conveying sewage;
(13) The letters SS for underground facilities
conveying storm sewage; and
(14) The letters SD shall be used for underground
facilities used for storm drainage.
(c)
An operator shall identify with markings any changes in direction or
terminations occurring within the immediate area of the proposed excavation
with arrows or other appropriate indicators.
Source. #7350, eff 8-23-00; ss by #7900, eff 5-29-03;
ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17
Puc 806.04 Emergency
Procedures.
(a)
Each operator and member of the notification center who owns or operates
underground facilities, or both, shall develop internal practices and
procedures to:
(1) Receive and respond to emergency
notifications; and
(2) Mark the location of facilities in emergency
situations.
Source. #7350, eff 8-23-00; ss by #7900, eff 5-29-03;
ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17
Puc 806.05 Marking Certain Newly
Installed Underground Facilities.
(a)
Upon completing the installation of new underground facilities within an
area that has been subject to excavator notification and premarking
pursuant to Puc 805.01, an operator shall make
reasonable efforts to communicate the existence of such new facilities if they
are covered with soil or other material that impairs their visibility.
(b)
For purposes of (a) above, reasonable efforts shall include:
(1) Marking the tolerance
zone in accordance with Puc 806.01, 806.02, 806.03,
and 806.04;
(2) Contacting the excavator with information
regarding the presence of the newly constructed underground facilities; or
(3) Leaving a tag or marker clearly indicating
the presence of the newly constructed underground facilities with contact
information.
Source. #9318, eff 11-8-08; ss
by #12102, eff 2-8-17
PART
Puc 807 ENFORCEMENT PROCEDURES
Puc 807.01 Investigation of Complaints.
(a)
The notification center shall institute procedures to receive and resolve
complaints of excavators, operators, owners of underground facilities, members,
and the general public.
(b)
Owners and operators of underground facilities shall institute
procedures to receive and resolve complaints of excavators and the general
public.
(c)
The commission staff shall consider and decide unresolved complaints
pursuant to the procedures established in Puc 807.02
through 807.07.
(d)
An unresolved dispute relating to Puc 800
which is appealed in writing to the commission shall be handled as follows:
(1) The matter shall be treated as a request for
an adjudicatory proceeding pursuant to the procedures established in Puc 200; and
(2) The parties to the dispute shall have a right
of appeal by petition to the New Hampshire Supreme Court pursuant to RSA 541:6.
Source. #5616, eff 4-20-93, EXPIRED: 4-20-99
New. #7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00;
ss by #7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17
Puc 807.02 Notice of Probable Violation.
(a)
In the event the commission staff determines that a probable violation
of RSA 374:48-56, Puc 800, or both, has occurred, staff
shall issue a written notice of probable violation (NOPV) to the party alleged
to have committed the violation.
(b)
The commission staff shall send information regarding the NOPV by
certified mail to the party noticed in the probable violation.
(c)
The NOPV shall include the following:
(1) A description of the probable violation and
reference to the rule or statute regarded as violated;
(2) The date and location of the probable
violation;
(3) A statement notifying the party or parties
involved that civil penalties might be imposed pursuant to RSA 374:48-56, in
the event of unfavorable judgment;
(4) Statutory rights of the respondent as
enumerated in RSA 374:48-56; and
(5) Procedures for resolving the complaint.
(d)
Any owner or operator of an underground facility involved in the NOPV
shall provide a representative for any informal conference or hearing scheduled
pursuant to Puc 800.
Source. #7900, eff 5-29-03; ss by #9318, eff 11-8-08;
ss by #12102, eff 2-8-17
Puc 807.03 Responses to Notice of
Probable Violation.
(a)
Upon receipt of the NOPV the respondent shall either:
(1) Submit to the commission within 30 days, in
writing, evidence refuting the probable violation referenced in the NOPV;
(2) Request in writing within 30 days, an
informal conference with commission staff to examine the basis of the probable
violation; or
(3) Execute a consent agreement with the
commission resolving the probable violation.
(b)
If the respondent requests an informal conference pursuant to (a)(2) above, the commission staff shall set a date and time
for the informal conference.
Source. #7900, eff 5-29-03; ss by #9318, eff 11-8-08;
ss by #12102, eff 2-8-17
Puc 807.04 Notice of Violation.
(a) If the commission or commission
staff involved in the damage prevention program, after reviewing evidence and testimony
obtained in writing or conferences, determines that a violation of RSA
374:48-56, Puc 800, or both, has occurred, the
commission or commission staff involved in the damage prevention program shall
issue a notice of violation (NOV) to the respondent pursuant to RSA 374:55,
VII.
(b)
The NOV so issued shall include:
(1) The factual and statutory basis for the
unfavorable preliminary determination;
(2) A description of factors relied upon by
commission staff in making its determination, such as the gravity of the
violation, history of prior violations, degree of culpability of the
respondent, how quickly the respondent took action to rectify the situation,
cooperativeness of respondent, and any other factors which would tend to either
aggravate or mitigate the violation;
(3) The civil penalty, if any, proposed to be
imposed;
(4) Procedures for remitting penalty; and
(5) Statutory rights of the respondent as
enumerated in RSA 374:48-56.
Source. #7900, eff 5-29-03; ss by #9318, eff 11-8-08;
ss by #12102, eff 2-8-17
Puc 807.05 Response to Notice of
Violation.
(a)
Within 10 days from receipt of the NOV, the respondent shall either:
(1) Sign a consent agreement and remit the civil
penalty; or
(2) File a request in writing for a hearing
before the commission.
Source. #7900, eff 5-29-03; ss by #9318, eff 11-8-08;
ss by #12102, eff 2-8-17
(a)
The commission shall act
upon staff’s recommendation unless the respondent requests a hearing pursuant
to Puc 807.05(a)(2).
(b)
Upon receipt of a hearing request under Puc
807.05(a)(2), the commission shall provide the
respondent with notice and an opportunity for a hearing, held pursuant to Puc 200.
(c)
At any hearing held under (b) above, the respondent may show by a
preponderance of the evidence why the commission or designated commission staff
determination should be changed.
Source. #7900, eff 5-29-03; ss by #9318, eff 11-8-08;
ss by #12102, eff 2-8-17
(a)
If the commission or designated commission staff within the division of
safety finds reason to issue an NOV, the commission or designated commission
staff shall propose to assess a civil penalty pursuant to RSA 374:55.
(b)
In determining the assessment, the following factors shall be
considered:
(1) The severity of the consequences resulting
from the violation such that the more severe the consequences, the higher the
civil penalty, the gravity of the violation, degree of culpability of the
respondent, cooperativeness of respondent, history of prior violations, and
other factors which would tend to aggravate fault; and
(2) Mitigating circumstances, such as how quickly
the excavator took action to rectify the situation, how much control the
excavator had over the situation, and other circumstance which would tend to
lessen fault.
Source. #7900, eff 5-29-03; ss by #9318, eff 11-8-08;
ss by #12102, eff 2-8-17
APPENDIX A:
STATE STATUTES IMPLEMENTED
Rule |
Specific State Statute the Rule Implements |
Puc 801.01 |
RSA 374:50; RSA 374:55,VII |
Puc 801.02 |
RSA 374:50 |
Puc 802.01 |
RSA 374:50; RSA 374:48,VIII |
Puc 802.02 |
RSA 374:50; RSA 374:48,I |
Puc 802.03 |
RSA 374:50 |
Puc 802.04 |
RSA 374:50 |
Puc 802.05 |
RSA 374:50; RSA 374:48,III |
Puc 802.06 |
RSA 374:50; RSA 374:48,IV |
Puc 802.07 |
RSA 374:50 |
Puc 802.08 |
RSA 374:50 |
Puc 802.09 |
RSA 374:50; RSA 288:1; RSA
288:2 |
Puc 802.10 |
RSA 374:50 |
Puc 802.11 |
RSA 374:50 |
Puc 802.12 |
RSA 374:50; RSA 374:48,IV-a; RSA 362:2, II; RSA 362:7, III(e) |
Puc 802.13 |
RSA 374:50; RSA 374:48,V |
Puc 802.14 |
RSA 374:50; RSA 374:51,IV |
Puc 802.15 |
RSA 374:50; RSA 374:48,I |
Puc 802.16 |
RSA 374:50 |
Puc 802.17 |
RSA 374:50; RSA 374:48,VII |
Puc 803.01 |
RSA 374:50, I; RSA 374:49, RSA
374:52 |
Puc 803.02 |
RSA 374:50,I |
Puc 804.01 |
RSA 374:50 |
Puc 804.02 |
RSA 374:50; RSA 374:49; RSA
374:52 |
Puc 804.03 |
RSA 374:50 |
Puc 805.01 |
RSA 374:50, I; RSA 374:51 |
Puc 805.02 |
RSA 374:50 |
Puc 805.03 |
RSA 374:50; III; RSA 374:51,I |
Puc 805.04 |
RSA 374:50; RSA 374:51,VII |
Puc 805.05 |
RSA 374:50; RSA 374:54; 49 C.F.R. §198.55(a)(6)
(iii)(A) |
Puc 806.01 |
RSA 374:50; RSA 374:53 |
Puc 806.02 |
RSA 374:50; RSA 374:53 |
Puc 806.03 |
RSA 374:50; RSA 374:53 |
Puc 806.04 |
RSA 374:50,III |
Puc 806.05 |
RSA 374:50; RSA 374:53 |
Puc 807.01 |
RSA 374:50,II |
Puc 807.02 |
RSA 374:50; RSA 374:55,VII |
Puc 807.03 |
RSA 374:50; RSA 374:55 |
Puc 807.04 |
RSA 374:50; RSA 374:55,VII |
Puc 807.05 |
RSA 374:50; RSA 374:55 |
Puc 807.06 |
RSA 374:50; RSA 374:55,VII |
Puc 807.07 |
RSA 374:50; RSA 374:55 |
APPENDIX B:
INCORPORATION BY REFERENCE INFORMATION
RULE |
TITLE/CITATION (DATE) |
SOURCE |
Puc 804.03(a) |
National
Utility Locating Contractors Association (NULCA) Professional Competence
Standards for Locating Technicians, Fourth Edition 2015. |
Published
by National Utility Locating Contractors Association, 1501 Shirkey Avenue, Richmond, MO 64085,
www.nulca.org Available
from NULCA for $250.00 with membership.
Available for review at the Public Utilities Commission at no cost. |