Responsibilities of excavators and responsible parties

(a) Any excavator responsible for excavating or discharging explosives at or near the location of public utility underground facilities or demolishing a structure containing any public utility facilities shall: (1) Except as provided in subdivisions (2) and (3) of this subsection, at least two full days, excluding Saturdays, Sundays and holidays, but not more than thirty (30) days before commencing such excavation, discharge of explosives or demolition at or near the location of such public utilities facilities, notify the central clearinghouse of: (A) The specific location of the site of the proposed excavation, discharge of explosives or demolition. Should field conditions or other circumstances require the excavation, discharge of explosives or demolition to be expanded outside the originally designated area established in accordance with subsection (c) of section 16-345-4 of the regulations of Connecticut state agencies, a separate notification shall be made and said notification shall be in accordance with the time requirements as provided in this subdivision; (B) The name, address and telephone number of the entity giving the notice; (C) The name, address and telephone number of the excavator actually performing the proposed excavation, discharge of explosives or demolition and the name, address and telephone number of the person, public agency or public utility for whom the activity is being performed, except where the work is being performed by a public or municipal utility for the benefit of a utility customer, the customer's name, address and telephone number does not have to be provided; (D) The date on which such proposed excavation, discharge of explosives or demolition will occur. The date shall be at least two full days, excluding Saturdays, Sundays and holidays, after the notice is provided to the central clearinghouse, or after the area of proposed excavation, demolition or discharge of explosives is designated in accordance with subsection (d) of this section whichever is later, but not more than thirty (30) days after the notice has been provided to the central clearinghouse; (E) The type of such proposed excavation, discharge of explosives or demolition; (F) The method to be used to identify or designate the area of proposed excavation, discharge of explosives or demolition and the date by which the designation will be made, where the designation is not already shown on preconstruction plans; (G) If it is an emergency, the basis for the emergency; and (H) Such other information as 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; (2) In the event that an excavation or demolition without explosives is necessary to correct an emergency involving danger to life, health, or property or the interruption of operation of a major industrial plant, or to assure the continuity of public utility service: (A) immediately provide the notice required by subdivision (1) of this subsection to the central clearinghouse if it is during hours when the central clearinghouse is open for the purpose of determining the public utilities with facilities located at or near the site of the demolition unless the public utilities whose facilities may be affected are already known from a prior notification for excavation; (B) immediately provide the notice required by subdivision (1) of this subsection directly to the involved utilities; and (C) notify the central clearinghouse by telephone of the emergency and response taken as soon as reasonably possible if such notice was not given immediately prior to the excavation or demolition; (3) In the event that the use of explosives is necessary to correct an emergency involving an immediate and substantial danger of death or serious personal injury, immediately: (A) provide the notice required by subdivision (1) of this subsection to the central clearinghouse if it is during hours when the central clearinghouse is open for the purpose of determining the public utilities with facilities located at or near the site of the discharge unless the affected public utilities are already known from a prior notification for excavation; (B) immediately provide the information required by subdivision (1) of this subsection directly to the affected public utilities prior to discharge of the explosives; and (C) provide notice directly to the central clearinghouse as soon as possible after the discharge if such notice was not given immediately prior to the discharge; (4) Use prudent judgment in determining whether to proceed with the excavation, discharge of explosives or demolishing prior to the identification of any or all of the facilities in the events covered by subdivisions (2) and (3) of this subsection. In exercising such judgment, the excavator shall consider, among other things, the potential hazard to life and property while awaiting public utility personnel to locate all the facilities, the need for public utility personnel to locate the facilities having the greatest potential for detriment to the public safety and the potential hazards that could result from proceeding without having located the facilities and potential damage to those facilities; (5) Exercise reasonable care when working in proximity to the underground facilities of any public utility. Reasonable care shall include, without limitation, the use of construction methods appropriate to ensure the integrity of existing utility facilities and their man-made temporary and permanent support including but not limited to adequate and proper shoring and proper backfill methods and techniques; the selection of equipment and explosives capable of performing the work with the minimum reasonable likelihood of disturbance to underground facilities; adequate supervisory personnel to ensure proper actions; proper understanding by the personnel on the job site of the authority of all parties involved in the activity so that prompt action can be taken in the event of unanticipated contact with underground facilities; adequate training of employees in executing their assignments to ensure protection of utility facilities and the public; maintaining necessary liaison with owners of underground facilities; sponsoring preplanning and preconstruction meetings as necessary, and complying with all applicable laws and regulations. If the excavator is utilizing trenchless excavation, the excavator shall, if such excavation is expected to cross or encroach within the approximate location of underground facilities either horizontally or vertically, prior to the crossing or encroaching, determine the precise location of such underground facilities expected to be so crossed or encroached; (6) In the event that underground facilities of a public utility are likely to be exposed by such excavating, discharging of explosives or demolishing, provide such support or protection, or both, as may be necessary to protect such facilities from damage. Where underground facilities containing combustible or hazardous fluids or gases (such as natural gas, propane, jet fuel or chlorine) are likely to be exposed or where the proposed excavation, discharge of explosives or demolition is to occur within the approximate location of such facilities or affecting such facilities, except for excavations performed in connection with the need to expose such underground facilities by the owner of such facilities, an excavator may use mechanical equipment solely for the purpose of removing the bituminous and concrete road surface. In such circumstances, other than for the removal of a bituminous or concrete road surface, an excavator, other than the owner exposing its own underground facilities, shall employ hand digging only; (7) In the event that the excavator, after reasonable attempt, is unable to precisely locate the underground facilities after the approximate location of the underground facilities have been marked, the excavator must notify the public utility requesting such further assistance as may be needed to determine the precise location of the underground facility; and (8) Avoid the covering or removal of surface markings or stakes indicating underground facilities during construction activity prior to actually excavating, discharging explosives or demolishing in the vicinity of the located facilities. (b) When any contact is done to any underground facility of a public utility, the excavator responsible for the operations causing such contact shall immediately and directly notify the public utility which owns or operates such facility of the contact, but such person, public agency or public utility shall not tamper with or attempt to repair such facility except to repair protective coatings when authorized by the owner of the facility. (c) An excavation notice given pursuant to subdivision (1) of subsection (a) of this section shall expire at the end of thirty (30) days from the date such notice is given to the clearinghouse. Whether or not an excavation, demolition or discharge of explosives has commenced pursuant to a valid notification at any time within the prior thirty (30) days, if such activity has not been completed or is expected to last beyond the 30 day period, a renewal notice must be provided before the expiration of the thirty day period by the excavator. The renewal shall not be applicable for areas not designated in the prior notification. If excavation, demolition or discharge of explosives was not commenced pursuant to a valid notification at any time during the prior thirty day period following the date which the notice was originally given, notice shall be given again in accordance with subdivision (1) of subsection (a) of this section by the excavator. Where any excavation, discharge or demolition activity has remained dormant for a period of thirty (30) days from the date of the last notice given pursuant to said subdivision, an additional notice shall be given before commencing such activity by the excavator. (d) The area of proposed excavation, discharge of explosives or demolition shall be designated by the excavator in such a manner as to enable the public utility or owner of underground facilities to know the approximate boundaries of the proposed excavation. The area shall be designated as follows: (1) if the area of proposed excavation is less than one thousand (1,000) feet longitudinally along an existing highway, only surface marking in accordance with section 16-345-5 of the regulations of Connecticut state agencies may be used; (2) if surface markings pursuant to section 16-345-5 of the regulations of Connecticut state agencies are not used, designation must be by clear and appropriate markings on a plan map which was originally prepared by a licensed surveyor or competent employee of a public utility company or municipal utility and delivered to the public utility whose underground facilities may be affected, if the area is 1000 feet or more longitudinally on or adjacent to an existing highway and a preconstruction meeting is held by the person or public agency performing the excavation, discharge or demolition activity and all affected public utilities are notified of such meeting; and (3) the designation of the area shall include the maximum depth of excavation at a sufficient number of points to ensure an accurate profile unless detailed profile maps are provided. The depth information provided shall reasonably reflect the anticipated actual depth. (e) When any contact is made with any underground facility of a public utility, the excavator responsible for the operations causing such contact shall: (1) Immediately and directly notify the public utility which owns or operates such facility of the contact, but such excavator shall not tamper with or attempt to repair such facility except to repair protective coatings when authorized by the owner of the facility. The excavator performing the excavation, discharge of explosives or demolition shall use prudent judgment taking into account minimizing the potential detriment to public safety in determining whether to cease activities pending the arrival of qualified public utility personnel; and (2) When such contact includes the occurring of a serious electrical short circuit or the escaping of combustible or hazardous fluids or gases (such as natural gas, propane, jet fuel or chlorine) or any other event endangering the public, the excavator responsible for the excavation, demolition or discharge involved in such damage shall also alert all persons within the danger area and take all feasible steps, including, where applicable, notifying police, fire and other emergency personnel, eliminating sources of ignition and evacuating employees and the general public from the affected area, but excluding tampering with or attempting to repair the damaged facility, to insure the public safety pending arrival of the appropriate public utility personnel. (f) At all times when excavation, discharge of explosives or demolition are in progress there shall be a representative of the excavator present in overall charge of the operation who shall be knowledgeable regarding the operation being performed and the legal name and address of the entity that is directly responsible for the performance of the operation. This person shall have satisfactory evidence that the notification requirements of these regulations have been met, such as the ticket number from the central clearinghouse on site at all times. (g) Each person, or public agency involved in excavation, discharge of explosives and demolitions shall post a summary of the requirements of sections 16-345-1 to 16-345-9, inclusive, of the regulations of Connecticut state agencies in construction workplaces. Construction workplaces shall include, without limitation, offices of the entity performing the work in a location where persons directly involved in excavation, discharge of explosives and demolitions frequent, field offices and similar locations. (h) The representative of the excavator shall provide the legal name and address of the entity that is directly responsible for the performance of the excavation activity and shall provide satisfactory evidence to any entity, including a public agency or public utility requesting such information. Such representative shall also be an agent for service of notice or process in any matter related to compliance with these regulations. (i) Except as provided in subdivision (3) of subsection (a) of this section, explosives may not be discharged unless such discharge was disclosed in the original notification or upon six hours notice to all public utilities which have facilities at or near the proposed discharge location, including those that were previously indicated to have facilities at or near the proposed discharge but not in the immediate vicinity, except that on Saturdays, Sundays and holidays, eight hours notice shall be provided.