                                 CODE OF VIRGINIA

NOTIFICATION REQUIRED PRIOR TO EXCAVATION OR DEMOLITION; WAITING PERIODS;
MARKING OF PROPOSED SITE (§ 56-265.17)

A. No person shall make or begin any excavation or demolition without first
submitting a locate request to the notification center. Submission of a locate
request shall be deemed to be notice to each operator who is a member of the
notification center. The notification center shall provide the excavator with
the identity of utilities that will be notified of the proposed excavation or
demolition. Except for counties, cities, and towns, an excavator who willfully
fails to submit a locate request for a proposed excavation or demolition shall
be liable to the operator whose facilities are damaged by that excavator, for
three times the cost to repair the damaged property, provided that the operator
is a member of the notification center. The total amount of punitive damages
awarded under this section, as distinguished from actual damages, shall not
exceed $10,000 in any single cause of action.

B. Except in the case of an emergency as defined in § 56-265.15 or in cases
subject to subsection C, the excavator shall only commence work:

   1. After the excavator has confirmed, by reviewing the positive response
   information posted on the notification center&#8217;s positive response
   system, that each operator has marked its utility lines, notified the
   notification center that its utility lines are not present in the area of
   proposed excavation, or otherwise posted a positive response indicating
   excavation may begin; or

   2. If informed by the notification center that no operators are to be
   notified.
   				If any operator fails to respond to the positive response system as
   required by this chapter, the notification center shall renotify any operator
   of its failure. This renotification shall not constitute an exemption from the
   duties of the operator set forth in &#xA7; 56-265.19.

C. If, after at least 48 hours beginning with 7:00 a.m. the next working day
following a locate request or on the date of excavation, the excavator, upon
arrival at the site of a proposed excavation, observes clear evidence of the
presence of an unmarked utility line in the area of the proposed excavation, the
excavator shall not begin excavating until three hours after an additional
contact is made to the notification center for the area, provided that no
information has been posted to the positive response system or information
posted to the positive response system is inconsistent with the clear evidence
observed by the excavator.
			The operator of any unmarked utility line shall respond within three hours of
the excavator&#8217;s contact to the notification center. After the clear
evidence of an unmarked utility line is addressed pursuant to the additional
contact to the notification center, excavation may proceed. During any
excavation subject to this subsection, the excavator shall exercise reasonable
care at all times to protect underground utility lines and shall be liable for
any damages.

D. The excavator&#8217;s notification shall be valid for 15 working days from
7:00 a.m. on the next working day following a locate request or 15 working days
following a scheduled excavation date provided to the notification center,
whichever is later. Three working days before the end of the 15-working-day
period, or at any time when line-location markings on the ground become
illegible, the excavator intending to excavate shall contact the notification
center and request the re-marking of lines. The operator shall re-mark the lines
as soon as possible; however, the re-marking of the lines shall be completed
within 48 hours from 7:00 a.m. on the next working day following the request for
the re-mark. Such re-marking shall be valid for an additional 15 working days
from 7:00 a.m. on the next working day following a locate request.

E. If a specific location of the excavation cannot be given as required by
subdivision 2 of &#xA7; 56-265.18, prior to notifying the notification center
pursuant to subsection A, the person proposing to excavate or demolish shall
mark the route or boundary of the site of the proposed excavation or demolition
by means of white paint, if practical.

F. The extent of the excavator&#8217;s proposed excavation or demolition shall
be a work area that can be excavated within 15 working days from 7:00 a.m. on
the next working day following a locate request. The area covered under each
locate request shall not exceed one-third of a mile.

HISTORY: 1979, c. 291; 1989, c. 448; 1992, c. 192; 1994, c. 890; 2002, c. 841;
2023, cc. 299, 300.