                                 CODE OF VIRGINIA

DUTIES OF EXCAVATOR (§ 56-265.24)

A. No excavator shall begin any excavation or demolition before reviewing and
heeding the positive response marking status of the excavation area. Any person
excavating within two feet on either side of the staked or marked location of an
operator&#8217;s underground utility line or demolishing in such proximity to an
underground utility line that the utility line may be destroyed, damaged,
dislocated or disturbed shall take all reasonable steps necessary to properly
protect, support and backfill underground utility lines. For excavations not
parallel to an existing underground utility line, such steps shall include, but
may not be limited to:

   1. Exposing the underground utility line to its extremities by hand digging;

   2. Not utilizing mechanized equipment within two feet of the extremities of
   all exposed utility lines; and

   3. Protecting the exposed utility lines from damage.
   				In addition, for excavations parallel to an existing utility line, such
   steps shall include, but may not be limited to, hand digging at reasonable
   distances along the line of excavation. The excavator shall exercise due care
   at all times to protect underground utility lines when exposing these lines by
   hand digging.

B. If the markings locating the underground lines become illegible due to time,
weather, construction, or any other cause, the person performing the excavation
or demolition shall so notify the notification center for the area. Such
notification shall constitute an extension under subsection D of &#xA7;
56-265.17.

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, upon arrival at the
site of a proposed excavation, the excavator 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 pursuant to subsection C
of &#xA7; 56-265.17 and the excavator has verified 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.

D. In the event of any damage to, or dislocation, or disturbance of any
underground utility line including its appurtenances, covering, and coating, in
connection with any excavation or demolition, the person responsible for the
excavation or demolition operations shall immediately notify the operator of the
underground utility line and shall not backfill around the underground utility
line until the operator has repaired the damage or has given clearance to
backfill. The operator shall either commence repair of the damage or give
clearance to backfill within twenty-four hours, and upon his failure to commence
or prosecute with diligence such repair or give clearance, the giving of
clearance shall be presumed.

E. If the damage, dislocation, or disturbance of the underground utility line
creates an emergency, the person responsible for the excavation or demolition
shall, in addition to complying with subsection D, take immediate steps
reasonably calculated to safeguard life, health and property.

F. With the exception of designers requesting marking of a site, in accordance
with &#xA7; 56-265.17, no person, including operators, shall request marking of
a site through a notification center unless excavation shall commence within
thirty working days from the date of the original notification to the
notification center. Except for counties, cities, and towns, any person who
willfully fails to comply with this subsection shall be liable to the operator
for three times the cost of marking its utility line, not to exceed $1,000.

G. Any person performing excavation or demolition shall provide to the operator
of the underground utility line in the area of excavation or to the appropriate
regulatory authority having jurisdiction, the number issued by the notification
center for that excavation site in response to the excavator&#8217;s notice,
within one hour of a request for the number issued by the notification center.

H. If an excavator discovers an unmarked line, the excavator shall protect this
line pursuant to subsection C. An excavator shall not remove an abandoned line
without first receiving authorization to do so by the operator.

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