Responsibilities of public utilities

(a) Each public utility shall: (1) Maintain a current file, including new facilities, with the central clearinghouse containing the information listed in subsection (e) of section 16-345-2 of the regulations of Connecticut state agencies and containing the locations, related to the standard grid system, of all its underground facilities within the State of Connecticut; (2) Reimburse the central clearinghouse, in accordance with billing rates set by the Department as part of the central clearinghouse's budget; (3) Notify the central clearinghouse monthly of any excavation, discharge of explosives or demolition of which it is aware which has occurred at or near any of its facilities in violation of sections 16-345-1 to 16-345-9, inclusive, of the regulations of Connecticut state agencies or chapter 293 of the Connecticut General Statutes. Additionally, each public utility shall file a report in January of each year indicating the number of damage incidents, by month, or that no such damage incidents occurred to its facilities, for the prior calendar year; (4) Notify the central clearinghouse monthly of any damage to its facilities which resulted from, or which the public utility suspects resulted from, any excavation, discharge of explosive or demolition conducted by any other person or public agency; (5) File with the central clearinghouse such other information which the central clearinghouse or the Department shall deem necessary to carry out the objectives of chapter 293 of the Connecticut General Statutes and the public safety; (6) Notify the central clearinghouse as soon as possible of any person or public agency whose actions or frequency of damage incidents indicates a situation that may require particular attention; provided, however, that in deciding whether or not to make such a report, the public utility need not make or report any conclusion as to whether the reported condition or conditions represent a violation of any law or duty; (7) Upon the exposure of previously unrecorded or inaccurately recorded facilities in the course of excavation or demolition activities and of which it has knowledge of such exposure, verify and modify existing records as necessary, and promptly make all necessary modifications, if needed, within the standard grid system maintained by the clearinghouse. The record shall be sufficiently detailed in order to allow the central clearinghouse to identify such previously unrecorded or inaccurately recorded facilities within its standard grid system; and (8) Maintain records of all existing underground utility facility locations, including without limitation, facilities abandoned in place and interconnections to all utility users. (b) Each public utility shall: (1) By the end of the second full day, (excluding Saturday, Sundays and holidays) after the day of notification to the central clearinghouse of a proposed excavation, discharge of explosives or demolition at or near any of its facilities was received by the central clearinghouse, or by the date on which excavation is scheduled to commence as reported in the notification to the central clearinghouse, whichever is later: (A) In the event that the public utility determines that it has underground facilities in the immediate vicinity of the specific site, mark the approximate location of such facilities using commercially available advanced proven techniques, methods and equipment appropriate to the circumstances, in accordance with section 16-345-5 of the regulations of Connecticut state agencies, in such a manner that will enable the party giving such notice to establish the precise location of the underground facilities so marked, or if it is not practical to so mark the location of such facilities, identify the approximate location of such facilities in a manner mutually agreeable to the public utility and the party giving such notice. Any interconnections between facilities of the public utility and others, such as tees connecting mains to customer owned facilities, shall be clearly marked and labeled by the utility providing service to the interconnection in accordance with section 16-345-5, provided, however, that such utility shall not be required to mark the location of customer owned facilities, except at the immediate location of the interconnection or tee. Whenever feasible, the public utility shall also provide information to the excavator as to any special requirements for excavation at or near its facilities including, without limitation, any special considerations regarding structural or lateral support or the use of heavy equipment over public utility facilities; (B) Notwithstanding subparagraph (a) of this subdivision, the public utility that has a standard and repeating layout and which is connected by facilities visible on the surface (such as certain storm sewers) need not mark out those standard and repeating facilities provided that maps indicating the approximate location are supplied to the person or public agency within the specified time limit. Facilities that are attached to a standard and repeating layout but do not conform to the standard and repeating layout shall be marked unless an alternate mutually agreeable location method is used; (C) In the event that the public utility determines that it has no underground facilities in the immediate vicinity of the specific site, make reasonable effort to so notify the excavator giving such notice and document such efforts, or mark this information in accordance with section 16-345-5 of the regulations of Connecticut state agencies; (2) Upon receipt of notice that the excavator, after reasonable attempt to locate the underground facilities, is unable precisely to locate the underground facilities after the approximate location of the underground facilities has been marked by the public utility, provide such further on-site assistance as may be needed to determine the precise location of the underground facilities. The assistance may be in the form of location detection equipment, or technical advice. Such technical advice may include, without limitation, the need for and advice concerning placement location or locations of test holes by the excavator at the excavator's expense. An excavator, who has failed to make a reasonable attempt to locate the facilities within the approximate area as marked out by the owner prior to calling the owner for on-site assistance, shall reimburse the facility owner for all costs incurred in the further location of such facilities. The location of the facility within the approximate area as marked out by the facility owner shall constitute failure by the excavator to have used reasonable efforts to locate; (3) Immediately upon receipt of notice that a proposed excavation or demolition without explosives is necessary to: (A) Correct an emergency involving danger to life, health or property or involving the interruption of the operation of a major industrial plant; or (B) assure the continuity of public utility service, dispatch personnel as soon as is reasonably possible to determine the effect of the excavation or demolition on any facility it may have in the area; and if the excavation or demolition has not already occurred, to assist in establishing the location of such facilities; (4) Upon receipt of notice that a proposed discharge of explosives is necessary immediately to correct an emergency involving an immediate and substantial danger of death or serious personal injury, dispatch personnel as soon as is reasonably possible to determine the effect of the discharge on any facility it may have in the area; and if the discharge has not already occurred, to assist in establishing the location of such facilities; and (5) Upon receipt of notice that contact involving its underground facilities has occurred, dispatch qualified personnel as soon thereafter as is reasonably possible to effect temporary or permanent repairs and to protect the public from any potential danger resulting from the contact to its facilities. (c) A public utility may identify, in accordance with subsection (k) of section 16-345-5 of the regulations of Connecticut state agencies, the location of a facility connected to its facilities beyond the point of the interconnection or tee, but not owned or operated by the public utility, as a helpful guide to an excavator. Said identification shall not be deemed to impose any liability upon the public utility for any inaccuracy in said identification. (d) Each public utility individually and through appropriate utility organizations, shall maintain a program designed to educate excavators in order to minimize the possibility of damage incidents to facilities and to minimize the potential detriment to public safety attendant with damage to underground facilities. Upon request by any excavator or any person, public agency or public utility planning an excavation, discharge of explosive or demolition, each public utility shall provide basic instruction concerning the hazards associated with its underground facilities and specific precautions necessary when working at or near those facilities. (e) Each public utility shall attend all preconstruction meetings of which it has knowledge related to excavation, discharge of explosives or demolitions which might affect its facilities for the purpose of addressing special or particular issues related to public safety as well as other issues related to the proposed excavation, discharge or demolition. (f) For all new underground facilities installed after January 1, 1989 which is practicable and for all repairs, replacements or modifications involving an exposure of existing underground facilities at least 100 feet longitudinally after January 1, 1989, of which the utility has knowledge of such exposure, the utility shall, where practicable, install a warning tape located above the facility, and keep appropriate records thereof. The minimum separation between the facility and the warning tape shall be 12 inches unless the depth, other underground facilities or other engineering considerations make the minimum separation unfeasible. The warning tape shall be durable, designed to withstand extended underground exposure, be of the color assigned to the type of facility for surface markings in subsection (h) of section 16-345-5 of the regulations of Connecticut state agencies and durably imprinted with an appropriate warning or message.