                                 CODE OF VIRGINIA

DUTIES OF OPERATOR; REGULATIONS (§ 56-265.19)

A. If a proposed excavation or demolition is planned in such proximity to the
underground utility line that the utility line may be destroyed, damaged,
dislocated, or disturbed, the operator shall mark the approximate horizontal
location of the underground utility line on the ground to within two feet of
either side of the underground utility line by means of stakes, paint, flags, or
a combination thereof. The operator or contract locator shall mark the
underground utility line and report the marking status to the positive response
system by no later than 7:00 a.m. on the third working day following the
excavator&#8217;s locate request, unless a scheduled excavation date is provided
by the excavator to the notification center or the operator or contract locator
is unable to do so due to extraordinary or exigent circumstances. Any scheduled
excavation date shall not be less than 48 hours nor more than 12 working days
from the date of the locate request. If a scheduled excavation date is provided
by the excavator to the notification center, the operator or contract locator
shall mark the underground utility line and report the marking status to the
positive response system by no later than 7:00 a.m. on the scheduled day of
excavation. Any locate request made on a day that is not a working day shall be
considered as having been submitted to the notification center on the next
working day at 7:00 a.m. If the operator is unable to mark the location within
the time allowed under this section due to extraordinary or exigent
circumstances, the operator shall notify directly the person who proposes to
excavate or demolish and shall, in addition, notify the person of the date and
time when the location will be marked. The deferral to mark for extraordinary or
exigent circumstances shall be no longer than 96 hours from 7:00 a.m. on the
next working day following the locate request, unless a longer time is otherwise
agreed upon by the operator and excavator. The operator shall also inform the
notification center of any deferral.

B. If a proposed excavation or demolition is not planned in such proximity to
the operator&#8217;s underground utility lines that the utility line may be
damaged, the operator shall so report to the notification center&#8217;s
positive response system no later than 7:00 a.m. on the third working day
following the excavator&#8217;s locate request.

C. An operator shall participate in all preplanning and preconstruction meetings
originated by state, county or municipal authorities relating to proposed
construction projects which may affect the operator&#8217;s existing or future
utility lines and shall cooperate in implementing decisions reached in such
preplanning and preconstruction meetings.

D. Any contract locator acting on behalf of an operator and failing to perform
the duties imposed by this chapter shall be subject to the liabilities in &#xA7;
56-265.25 and the civil penalties in &#xA7; 56-265.32.

E. Locators shall be trained in applicable locating industry standards and
practices no less stringent than the National Utility Locating Contractors
Association&#8217;s locator training standards and practices. Each
locator&#8217;s training shall be documented. Such documents shall be maintained
by the operator or contract locator.

F. The Commission shall be authorized to adopt regulations designating: (i)
letters for each operator to be used in conjunction with marking of underground
utility lines, and (ii) symbols for marking of underground utility lines, in
compliance with subdivision 2 of &#xA7; 56-265.17:3. Such letter designation and
marking symbols shall be in accordance with industry standards.

G. For underground utility lines abandoned after July 1, 2002, operators shall
make a reasonable attempt to keep records of these abandoned utility lines,
excluding service lines connected to a single-family dwelling unit. When an
operator has knowledge that the operator&#8217;s abandoned utility lines may be
present within the area of the proposed excavation, the operator shall provide a
response to the positive response system. Such information regarding abandoned
lines shall be for informational purposes only. An operator shall not be liable
to any person, or subject to civil penalties, as a result of the
operator&#8217;s providing incorrect information regarding abandoned lines or
the subsequent use of such information. The positive response system may refer
any person with concerns about the accuracy of information regarding abandoned
lines to the appropriate operator.

H. An operator shall respond to an emergency notice as soon as possible but no
later than three hours from the excavator&#8217;s contact to the notification
center.

HISTORY: 1979, c. 291; 1980, c. 696; 1994, c. 890; 1996, c. 79; 2002, c. 841;
2005, c. 395; 2023, cc. 299, 300.