(SB 10)

One-Call Notification system modified for limited excavation activities.

         ENTITLED, An Act to  revise certain requirements and procedures regarding the one-call notification system for excavation activities.


     Section  1.  That subdivision (3) of § 49-7A-1 be amended to read as follows:

             (3)      "Excavation," any operation in which earth, rock, or other material in or on below the ground is moved or otherwise displaced by means of tools, equipment, or explosives, and includes grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, and cable or pipe plowing or driving, except tilling :

             (a)    Tilling of soil and gardening to a depth of twelve inches and the tilling of soil for agricultural purposes to a depth of eighteen inches , road and ditch maintenance that does not extend below eighteen inches of original roadgrade or ditch flowline within the road right-of-way, digging ;

             (b)    Pot hole repair and grading of an existing public road if the pot hole repair and grading does not extend more than eighteen inches below the finished roadway;

             (c)    Any vehicle operation or operation involving the use of any hand tool, other than a power tool, so long as such operation does not extend more than eighteen inches below the surface of the groundline within the right-of-way;

             (d)    Any road and ditch repair or road and ditch activity that does not extend more than eighteen inches below the surface of the original groundline within the right- of-way;

             (e)    Digging in a cemetery , or digging ; and

             (f)    Digging in a planned sanitary landfill;

     Section  2.  That § 49-7A-5 be amended to read as follows:

     49-7A-5.   No excavator may begin any excavation without first notifying the one-call notification center of the proposed excavation. The excavator shall give notice by telephone , facsimile, in person, or by other methods approved by the board pursuant to rules promulgated pursuant to chapter 1-26 to the one-call notification center at least forty-eight hours prior to the commencement of the excavation, excluding Saturdays, Sundays, and legal holidays of the state , but not more than ten business days prior to any excavation . The board may promulgate rules to reduce the forty-eight-hour interval for emergency or subsequent inquiries to the original locate request and may lengthen the forty-eight-hour interval for nonexcavation requests.

     Section  3.  That § 49-7A-27 be amended to read as follows:

     49-7A-27.   The board shall accept the recommendations of the panel unless either party requests a hearing. The A party requests a hearing by rejecting the panel's recommendation within twenty days from the date of service of the notice. However, the board may extend the time period for requesting a hearing. Failure to request a hearing is considered acceptance of the panel's recommendation. If a hearing is held, the hearing shall be conducted before the board as a contested case under chapter 1-26. Following the hearing, the board shall either render a decision dismissing the complaint for insufficient evidence or shall impose a penalty pursuant to the provisions of § 49-7A-18 or 49-7A-19.

     Signed March 6, 2007