Subject 515-9-4 ENFORCEMENT PROCEDURES UNDER THE GEORGIA UTILITY FACILITY PROTECTION ACT
The purpose and scope of these rules is to describe the
enforcement authority and sanctions exercised by the Georgia Public Service
Commission in carrying out its duty to enforce the provisions of the Georgia
Utility Facility Protection Act (O.C.G.A. § 25-9-1et
seq.). These rules also prescribe the procedures governing the exercise of that
authority and imposition of those sanctions.
Terms used in these rules have the following meaning:
| (a) |
"Act" means the Georgia Utility Facility
Protection Act (O.C.G.A. § 25-9-1et
seq.). |
| (b) |
"Advisory
committee" means the committee appointed by the Governor pursuant to O.C.G.A.
25-9-13(g)(1). |
| (c) |
"Business days" means Monday through
Friday, excluding the following holidays: New Year's Day, Birthday of Dr.
Martin Luther King, Jr., Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and the following Friday, Christmas Eve, and Christmas Day.
Any such holiday that falls on a Saturday shall be observed on the preceding
Friday. Any such holiday that falls on a Sunday shall be observed on the
following Monday. |
| (d) |
"Business
hours" means the time from 7:00 A.M. to 4:30 P.M. local time on business
days. |
| (e) |
"Commission" means the
Georgia Public Service Commission. |
| (f) |
"Facility owner or operator" means any
person or entity who owns, operates or controls the operation of a utility
facility. |
| (g) |
"Person" means an
individual, firm, joint venture, partnership, association, municipality, state
or other governmental unit, authority, department, agency, or a corporation and
shall include any trustee, receiver, assignees, employee, agent or personal
representative thereof. |
| (h) |
"Utilities Protection Center" or "Center" means the corporation or other
organization formed by facility owners or operators to provide a joint
telephone number notification service for the purpose of receiving advance
notification from persons planning to blast or excavate and distributing such
notifications to its affected facility owner or operator members. |
| (i) |
"Utility facility" means an underground
or submerged conductor, pipe, or structure used in providing electric or
communications service, or an underground or submerged pipe used in carrying,
providing or gathering gas, oil, or oil products, sewage, wastewater, storm
drainage, water or other liquids, and appurtenances thereto. This does not
include utility facilities owned by a homeowner for service at the homeowner's
residence. |
| (j) |
O.C.G.A. § 25-9-3(17)defines
"Large Project" as an excavation that involves more work to locate utility
facilities than can reasonably be completed within the requirements of
subsection (a) of O.C.G.A. Section
25-9-7.
This requires a facility owner or operator to locate and mark its facilities
within 48 hours beginning the next business day after receipt of a locate
request by the Utilities Protection Center ("UPC"). For simplicity of
administration by the Commission, a "large project" shall include at a minimum,
any single mechanized excavation or blasting, as those terms are defined by
O.C.G.A. § 25-9-3(12),
at a contiguous geographical site or area that exceeds or will exceed one
linear mile or that reasonably requires or will require more than ninety (90)
days to complete. Nothing in this rule shall prohibit any person from
requesting a large project ticket for any other project. |
The Georgia Legislature has empowered the Commission to
enforce the provisions of the Act, and to promulgate any rules and regulations
necessary to implement the Commission's authority to enforce the provisions of
the Act.
| (1) |
The Governor shall appoint an advisory
committee to assist the Commission in the enforcement of the Act. The advisory
committee shall perform such duties as may be assigned by the Commission from
time to time. |
| (2) |
The advisory
committee shall develop and implement operating procedures to delineate the
advisory committee's practices and procedures relative to the performance of
the duties assigned by the Commission. The operating procedures developed by
the advisory committee shall include, but not be limited to, procedures for
review of probable violations of the Act. Such procedures, and any amendments
or modifications thereto, shall not become effective until they have been
approved by the Commission. (3) If deemed necessary, the advisory committee
shall establish one or more subcommittees of experts in the operations covered
by the Act. These subcommittees shall assist the advisory committee in
performing its assigned duties. |
| (1) |
Any person may report a probable
violation of the Act by filing a written or an electronic report in a form as
may be designated by the Commission from time to time; provided that all such
reports shall be filed electronically whenever and wherever possible, but a
written report may be filed by any person lacking computer reporting or
communication capability. All written or electronic reports shall include the
information requested on an approved Commission form, if available. All
probable violations shall be reported to the Commission within thirty (30) days
of a person becoming aware of the circumstances constituting the probable
violation. |
| (2) |
A person shall file
such written report directly with the Commission. The Commission shall
maintain, or cause to be maintained, a database of all written reports filed
with the Commission. |
| (3) |
Any person
who files a written or electronic report shall conduct an investigation to
examine the relevant facts regarding the reported probable violation of the
Act. The results of such investigation shall be filed together with the report
in accordance with these rules. |
| (4) |
Each facility owner or operator whose utility facilities have been damaged as a
result of a probable violation of the Act shall conduct an investigation to
examine the relevant facts regarding such probable violation, and provide the
Commission or its designee with the results of such investigation. The results
of such investigation shall be submitted to the Commission on a form designated
by the Commission. |
Whenever the Commission Staff ("Staff") becomes aware of a
probable violation of the Act by means of a written or an electronic report or
otherwise, the Staff shall conduct an investigation to examine all the relevant
facts regarding the probable violation. The investigation may include, among
other factors, records verification, informal meetings, teleconferences, and
photo documentation. Responses to reports of probable violations may be
provided to the Commission in writing, by phone, fax, e-mail, or in
person.
The Advisory Committee shall meet on a periodic basis to
review contested probable violations of the Act and the Staff's finding and
recommendations relative to such probable violations. Following such review,
the Advisory Committee shall make its recommendations for review by the
Commission, together with any recommendations of the Staff, regarding
resolution of such contested probable violations.
Upon a determination that a violation of the Act may have
occurred, the Commission Staff shall take one or more of the following
actions:
| (1) |
Enter settlement
negotiations with the Respondent. Upon reaching agreement on settlement terms,
the Commission Staff shall present the proposed settlement to the Commission
for acceptance or rejection. If the Commission Staff and the Respondent are
unable to reach agreement on settlement terms, the Respondent may present
additional facts to the Advisory Committee; |
| (2) |
Request that the Commission issue a Rule
Nisi pursuant to Commission Rules. |
| (1) |
The Commission may accept or reject a
proposed settlement to resolve probable violations of the Act. If the
Commission rejects a proposed settlement, a hearing may be scheduled to receive
evidence and take appropriate enforcement action as provided by Commission
Rule. |
| (2) |
If the Commission finds,
after a hearing, that a violation of the Act has occurred, it may impose a
civil penalty as provided by O.C.G.A. § 25-9-13. |
| (1) |
In determining the amount of any civil
penalty to be assessed, the Commission may consider the nature, circumstances
and gravity of the violation of the Act; the degree of the Respondent's
culpability; the Respondent's history of prior violations of the Act; and such
other factors as may be appropriate. |
| (2) |
A Respondent shall pay any civil penalty
that has been assessed by submitting to the Commission, in care of Case
Manager, Utility Facility Protection Section, a certified check payable to the
Georgia Public Service Commission for ultimate forwarding to the State of
Georgia general fund. |
| (1) |
Definitions:
For the purpose of this rule and the assessment and
enforcement of civil penalties under this Chapter 515-9-4 of the Commission's
Utility Rules, the following definitions apply:
| (a) |
"Local governing authority" means a
county, municipality or local authority created by or pursuant to general,
local or special Act of the General Assembly or by the Constitution of the
State of Georgia, and also includes any local authority that is created or
activated by an appropriate ordinance or resolution of the governing body of a
county or municipality individually or jointly with other political
subdivisions of this state that provide service that includes but not limited
to road and street construction and maintenance, water supply and distribution,
waste-water, sewage, and storm-water collection and disposal. |
| (b) |
"Willful noncompliance" means intentional
or knowing refusal or failure to perform, or comply with, a duty created or
imposed by statute or by this Commission's Utility Rules. "Willful
noncompliance" also includes bad faith or a conscious indifference to the
consequences of failure to comply with GUFPA or this Commission's rules issued
thereunder. A local governing authority's failure to file a timely response to
a notice of probable violation of the Act or the Commission's Utility Rules
shall constitute a presumption of willful noncompliance by a local governing
authority receiving such notice, which presumption may be rebutted by evidence
demonstrating that the local governing authority did not receive actual or
constructive notice of its alleged violation of the Act. |
| (c) |
"Refusal to comply" means that a utility
facility owner or operator does not respond in the Positive Response
Information System ("PRIS") to a locate request, does not respond to a direct
telephone call to locate their facilities, or other such direct refusal.
"Refusal to comply" does not mean a case where the volume of requests or some
other mitigating circumstance prevents the utility owner or operator from
locating in accordance with O.C.G.A. § 25-9-7.
"Refusal to comply" also means a refusal or failure to file a timely response
to a notice of probable violation of the Act or of the Commission's Utility
Rules; and such refusal or failure shall constitute a presumption of a local
governing authority's "willful refusal to comply," which presumption may be
rebutted by evidence demonstrating that the local governing authority did not
receive actual or constructive notice of its alleged violation of the
Act. |
|
| (2) |
Enforcement
Procedures for Violations of the Act by Local Governing Authorities.
| (a) |
Notice of Probable Violation
and Request for Information. Upon receipt of a complaint or other
information concerning a probable violation of the Act by a local governing
authority, the Commission Staff shall conduct a preliminary investigation of
such complaint or information; and as part of such preliminary investigation,
the Commission's investigator may send notice of a probable violation and a
request for information to the local governing authority. The authority
receiving such notice and request for information shall respond within thirty
(30) days to such notice and request. The Commission's request for information
may request any or all of the following information:
| (i) |
Submission of written explanations,
information or other materials in response to the allegations; |
| (ii) |
Information concerning the size, annual
budget, and gross receipts of the authority; |
| (iii) |
Where applicable and available, the
total number of utility connections and types of utilities within the territory
of the local governing authority; |
| (iv) |
Total number of locate tickets received
annually by the local governing authority; |
| (v) |
The number of locate codes and calls made
annually to the local governing authority from the UPC; and |
| (vi) |
When applicable, the number of utility
customers whose service may have been interrupted as a result of the violations
and the duration of such interruption.
Such list is not meant to be exhaustive, and the Commission's
investigator may request additional information during his or her
investigation. Responses shall be due within thirty (30) days after receipt of
such notice and request from the local governing authority, unless such time is
extended by the Commission or its investigator pursuant to a written request
from the local governing authority before the expiration of such thirty (30)
day period.
As noted in Paragraph (1) of this Rule, failure of the
alleged violator to respond in a timely manner to the Commission investigator's
notice of probable violation(s) and provide to the Commission the information
requested shall constitute a presumption of willful noncompliance with the Act
or applicable Commission rules on the part of the non-responding recipient of
such notice and request, but such presumption may be rebutted by evidence
demonstrating that the local governing authority did not receive actual or
constructive notice of its alleged violation of the Act.
|
|
| (b) |
Proposed
Compliance Order. At any time during the investigation, the
Commission's investigator may submit a written compliance order to the local
governing authority, and the the local governing authority may respond during
the investigation or proceedings as follows:
| (i) |
The authority may agree to the
Commission's proposed compliance order, if such proposed order has not been
withdrawn by the Commission; |
| (ii) |
The authority may object to the proposed compliance order and submit written
explanations, information or other materials in response to the allegations in
the notice of probable violation; and the authority can request:
| (A) |
review before the GUFPA Advisory
Committee; or |
| (B) |
an informal
conference with the Commission Staff; or |
| (C) |
a full evidentiary hearing before the
Commission or its duly appointed hearing officer. |
|
|
| (c) |
Commission Staff
Action. After investigation, the Commission's investigator may
take appropriate action to enforce the Act and the Commission's rules issued
thereunder, including any or all of the following:
| (i) |
Recommend no action and terminate the
investigation; |
| (ii) |
Recommend that
a warning letter be issued to the person alleged to have committed the
violation ("the respondent"); |
| (iii) |
Enter settlement negotiations with the respondent; and upon reaching agreement
on settlement terms, the Commission Staff shall present such proposed
settlement agreement to the Commission for its acceptance or
rejection; |
| (iv) |
Recommend training
be required (in lieu of or in addition to any otherwise recommended civil
penalties, or any portion thereof) for violations of the Act; |
| (v) |
Recommend that the Commission assess
civil penalties for violations of the Act in accordance with O.C.G.A. § 25-9-13
and in accordance with the tiered penalty structure set forth below in
Paragraph (3) of this Rule. |
|
| (d) |
Notices. All notices under the Act from
the Commission to any local governing authority shall be sent by certified mail
(return receipt requested). A signed delivery receipt or post office return
marked refused or unclaimed shall constitute a presumption of notice to and
legal service upon the local governing authority to whom it is addressed;
however, such presumption may be rebutted by evidence demonstrating that the
local governing authority did not receive actual or constructive notice of its
alleged violation of the Act. |
|
| (3) |
Tiered Structure To Be Utilized in
Assessing Civil Penalties against Local Governing Authorities for Violations of
the Act.
| (a) |
Factors To Be
Considered. When determining to recommend assessment of a civil
penalty, the Commission's investigators shall consider the following factors in
applying the tiered penalty structure established in Subparagraph (3) (b) of
this Rule:
| (i) |
The nature, circumstances and
gravity of the violation, (including, but not limited to, adverse impact on the
area, the general public and utility customers); |
| (ii) |
The degree of the respondent's
culpability; |
| (iii) |
The respondent's
history of prior offenses; |
| (iv) |
The
respondent's ability to pay; |
| (v) |
Any good faith effort by the Authority respondent in attempting to achieve
compliance; |
| (vi) |
The effect on the
respondent's ability to continue in business; |
| (vii) |
The number of locate tickets and locate
call and codes received annually by the local governing authority; |
| (viii) |
The cost of the local government's
compliance with the statute or rule violated; |
| (ix) |
The number of utility customers whose
services may have been interrupted by the local governing authority's violation
and the duration of such interruption; and |
| (x) |
The size, annual budget, gross receipts
number of utility connections and types of connections and types of utilities
within the territory of the local governing authority and whether owned or
operated by such authority. |
|
| (b) |
Tiered Penalty
Structure. The tiered penalty structure set forth below takes into
account many of the above-mentioned factors by focusing on the number of
employees employed by the local governing authority, or the number of utility,
water and sewer connections a local governing authority has, which are
functions and indicators of such authority's population, gross revenues,
customer base, service area and annual budget. In determining the tier
classification for a local governing authority, the Commission's investigators
shall look to the number of utility, water and sewer connections such local
governing authority has in making such determination. In cases where the local
governing authority has no connections, the Commission's investigator shall
determine the tier by the number of employees employed by such local governing
authority in utility, road maintenance, water and sewer or public works
functions (including contract personnel who perform work for the authority).
Along with the considerations delineated in Subparagraph (a) of this Subsection
(3), such tier classifications shall be made as follows:
Tiered Penalty Structure:
| (i) |
Tier One
Authorities that have 25,000 or less total utility, water and
sewer connections or that employ 1 through 25 people in utility, road
maintenance, water, sewer or public works functions (including contractor
personnel), may be assessed a penalty of up to $500 per violation for the first
three and up to $1,000 per violation thereafter not to exceed $10,000 total per
rolling 12-month period.
|
| (ii) |
Tier Two
Authorities that have more than 25,000 but less than 50,000
total utility, water and sewer connections or that employ 26 through 50 people
in utility, road maintenance, water, sewer or public works functions (including
contractor personnel), may be assessed a penalty of up to $750 per violation
for the first three and up to $1,250 per violation thereafter not to exceed
$20,000 total per rolling 12-month period.
|
| (iii) |
Tier Three
Authorities that have 50,000 or more, but less than 100,000
total utility, water and sewer connections, or that employ 51 through 75 people
in utility, road maintenance, water, sewer or public works functions (including
contractor personnel), may be assessed a penalty of up to $1,000 per violation
for the first three and up to $1,500 per violation thereafter not to exceed
$30,000 total per rolling 12-month period.
|
| (iv) |
Tier Four
Authorities that have 100,000 or more, but less than 200,000
total utility, water and sewer connections or that employ 76 through 100 people
in utility, road maintenance, water, sewer or public works functions (including
contractor personnel), may be assessed a penalty of up to $1500 per violation
for the first three and up to $2,500 per violation thereafter not to exceed
$40,000 total per rolling 12-month period.
|
| (v) |
Tier Five
Authorities that have 200,000 or more total utility, water
and sewer connections or that employs 101 or more people in utility, road
maintenance, water, sewer or public works functions (including contractor
personnel), may be assessed a penalty of up to $2,000 per violation for the
first three and up to $5,000 per violation thereafter not to exceed $50,000
total per rolling 12-month period.
The tiered penalty structure shall be established as a
maximum. No minimum penalty is specified.
|
|
|
| (4) |
Commission Discretion in
Assessing Civil Penalties against Local Governing Authorities.
Nothing set forth elsewhere in this Rule shall require the
Commission or its investigators to assess civil penalties against a local
governing for violations of the Act or the Commission's Utility Rules. Under
each penalty tier, the investigator may recommend training. If the investigator
finds that a probable violation has occurred, the investigator may recommend
training in lieu of all or any portion of any otherwise recommended civil
penalties for any local governing authority's violation. The investigator shall
provide suggestions for corrective action to any person requesting such
assistance on behalf of a local governing Upon determination after
investigation, the Commission's investigator may, subject to Commission review
and approval, make recommended offers of settlement to the respondent or make
recommended findings for assessment of civil penalties or other corrective
action, subject to respondent's right to hearing thereon before the Advisory
Committee and/or the Commission.
|
Any person subject to an order from the Commission may
petition the Commission for reconsideration of the order under Rule
515-2-1-.08 of the Commission's
Rules of Practice and Procedure. Moreover, any person aggrieved by an order of
the Commission may seek relief pursuant to O.C.G.A. Chapter
50-13.
| (1) |
Purpose and Scope:
| (a) |
The purpose of this rule is to set forth
procedures that provide for the waiver in writing, of the 48 hour notice and
the 21 calendar day expiration for any projects that cannot be located pursuant
to O.C.G.A. § 25-9-7.
This Rule is necessary in order to allow proper planning and scheduling of the
locating of utility facilities within the geographical area of a designated
"Large Project." Because most large projects require multiple re-stakes, it has
proven difficult and cumbersome for facility owner/operators to respond to
locate requests within the 48 hour notice time frame normally required by the
Georgia Utility Facility Protection Act ("GUFPA"). Excavators on such large
projects lasting for months and even years have similarly found it cumbersome
and oppressive to have a locate ticket expire after 21 calendar days and have
to reapply for renewal or refreshing of such locate ticket repeatedly over the
life of a large project. |
| (b) |
This
Rule allows for parameters to be set for all parties involved in a large
project so that such parties may enjoy more flexibility and less rigidity in
reporting without any loss or sacrifice in the record-keeping, locating of
utility facilities, prevention of damage to such facilities, and public safety
protections which GUFPA was designed and intended to implement. |
| (c) |
Unless hereinafter specifically excepted,
all other provisions of O.C.G.A. § 25-9-1et
seq., shall apply to large projects. |
|
| (2) |
Procedures:
| (a) |
Upon an excavator's contacting the
Utilities Protection Center (UPC) to procure a locate ticket and upon the UPC's
concluding that the proposed excavation qualifies as a large project ticket
under Commission Utility Rule
515-9-4-.02(j) (through the process of handling such request(s) for one or more locates), the
UPC shall provide instructions for excavator(s) that the involved excavation
project shall be treated as a large project under Commission rules and that the
excavator has a duty to submit to the UPC a Large Project Planning Meeting
Notification. |
| (b) |
Upon the UPCs
concluding that a particular locate request or requests qualify as a Large
Project as defined by Commission Rule
515-9-4-.02(j), a
mandatory Large Project Planning Meeting Notification shall be issued by the
excavator, no less than 10 business days prior to beginning excavation or
blasting activities, to the UPC, for immediate forwarding to all facility
owner/operators having facilities in the area. Such notification shall include
the excavator's suggested date, time, location, and contact person for the
proposed meeting. The date of the mandatory meeting shall be a minimum of 48
hours after the notification is submitted to the UPC, starting at 7:00 a.m. the
next business day and excluding non-business days. This mandatory large project
meeting notification requirement shall not apply to re-activated large projects
that have continued in full force and effect, and without deactivation.
Notwithstanding the above, nothing in this rule shall prevent the excavator and
the utility facility owner/operators from choosing to meet otherwise. |
| (c) |
After receiving the Large Project
request, the UPC shall notify all affected facility owners or operators of the
mandatory Large Project Planning Meeting. The mandatory Large Project Planning
Meeting shall be scheduled no less than 5 business days prior to beginning
excavation or blasting activities. Each facility owner/operator shall provide
an automated response to the UPC indicating agreement to the date and time of
the mandatory Large Project Planning Meeting within 2 business days of such
notice, through the use of the Positive Response Information System
(PRIS). |
| (d) |
All provisions of this
"Large Project" rule shall apply to the utility facility owner/operator and all
locates shall be conducted pursuant to these rules and the negotiated marking
agreement arising here from. |
| (e) |
No
later than two business days following the mandatory Large Project Planning
Meeting, whichever comes first, the UPC shall update the status of the ticket
from a "Large Project Planning Meeting Notification" to a "Large Project
Excavation Notification." At that point, the "Large Project Excavation
Notification" will become an active ticket and will be transmitted by the UPC
to all affected utility facility owner/operators. |
| (f) |
During the life of the large project
ticket, all requests for locates and notices of marking performed that deviate
from the marking agreement shall be documented through the UPC. Once all
excavation activities have been completed by a particular excavator, such
excavator will notify the UPC to close or de-activate the
notification. |
| (g) |
Unless renewed
beforehand by the excavator, all Large Project Excavation Notifications will be
automatically closed/de-activated once ninety (90) days have elapsed from the
date of activation. The excavator may re-new the notification as necessary so
long as excavation on the project continues. The notification will be
automatically closed/deactivated ninety (90) days following the most recent
renewal. |
|
| (3) |
The
excavator and facility owner(s)/operator(s) or LOCATOR(S)/UTILITY(S) shall
enter into a negotiated written agreement setting out the schedule for marking
the project (see attached example form) at the Large Project planning meeting.
Steps shall be taken to work together, including the Large Project Planning
Meeting, so that a negotiated marking plan may be agreed upon allowing the
facility owner(s)/operator(s) to locate the utility facilities at a time
reasonably in advance of the actual start of excavation or blasting for each
phase of the work. A working relationship shall be established between the
excavator and the facility owner/operator representatives to reduce confusion
at the work site. Emergency phone numbers and contact people shall be
identified for notification of problems, delays or changes in the marking plan.
In addition to the Large Project Planning Meeting, the excavator shall conduct
periodic utility coordination meetings to enhance the communication and
progress of the planned schedule and markings. IF FOR ANY REASON A FACILITY
OWNER/OPERATOR CANNOT ATTEND SUCH MEETING, THE FACILITY OWNER/OPERATOR'S
REPRESENTATIVE MAY CONTACT THE EXCAVATOR AND MAKE OTHER ARRANGEMENTS IF THE
EXCAVATOR IS AGREEABLE, OR HAVE THE LINES MARKED WITHIN THE 48 HOURS REQUIRED
BY LAW (O.C.G.A. § 25-9-1ET
SEQ.). |
| (4) |
The terms and
conditions of such negotiated marking agreement must be in writing, and
executed by the excavator and the facility owner/operator or locate
representative (i.e. contract LOCATOR/UTILITY for the facility owner/operator)
before excavation commences. If the LOCATOR/UTILITY is going to execute the
negotiated marking agreement on behalf of the facility owner/operator, the
facility owner/operator shall have on file with the UPC, written documentation
of such grant of authority from the facility owner/operator to the
LOCATOR/UTILITY. Such negotiated marking agreement and compliance with the
terms thereof, shall constitute an exemption from the requirements of
subsections O.C.G.A. §§ 25-9-7(a)(1),(b)(1),(c),(e)
and (k)(1) and subsections O.C.G.A.
§§ 25-9-6(c),(e)
and (h). The excavator and facility
owner/operator shall each retain a copy of the executed marking
agreement. |
| (5) |
If the facility
owner/operator fails to respond to the excavator's terms of the negotiated
marking agreement or the facility owner/operator notifies the excavator that
the facilities cannot be marked within the time frame delineated within the
negotiated marking agreement and a mutually agreeable date for marking cannot
be reached, the excavator may attempt to locate the facilities in accordance
with subsection O.C.G.A. § 25-9-7(f),
then proceed with excavation or blasting provided reasonable care is exercised.
At the option of the excavator and as an alternative to the excavator's
attempting to locate the facilities at issue, such facilities shall revert back
to the locate time-frame mandated by O.C.G.A. § 25-9-7. |
| (6) |
Failure of any party to abide by the
terms of the negotiated marking agreement shall be a violation of the
Commission's Large Project Rule delineated herein. Any such violation shall be
grounds for and may result in sanctions including but not limited to civil
and/or criminal penalties being imposed upon the violating party in accordance
with Georgia Law. Moreover, where an excavator fails to abide by the terms of
the negotiated marking agreement and causes damage to a utility facility as a
result, the excavator may be subject to penalties delineated in O.C.G.A. § 25-9-13(7). |
| (7) |
Good Faith Negotiation Required. The
failure of any party to negotiate in good faith shall constitute a violation of
the Commission's Large Project Rules and may result in the imposition of
penalties under O.C.G.A. §§ 25-9-13
and/or 46-2-91 as well as any other penalties that may be imposed pursuant to
Georgia Law or the Commission's Rules. The failure of any party to negotiate in
good faith shall also result in all locates being performed in accordance with
the procedures and timelines set forth in O.C.G.A. § 25-9-1et.
seq. with the cost for all such locates to be paid for by the party
having negotiated in bad faith. |
| (8) |
Any person holding an active large project ticket may allow any dually
authorized subcontractors to work under such large project ticket provided the
provisions of O.C.G.A. § 25-9-6(g)are
met. For purposes of this rule, any contractual agreement entered into pursuant
to O.C.G.A. § 25-9-6(g)shall
be in writing. |
| (9) |
Nothing in this
Rule exempts any facility owner/operator, excavator, LOCATOR/UTILITY or any
other person from the duty he or she would otherwise have under GUFPA or the
Commission's Utility Rules to report damages to buried utility
facilities. |
SAMPLE SAMPLE
Large Project - Sample Utility Facility Locating
Agreement
THIS AGREEMENT, made this___________________________
(month/date/year), by and between______________________, hereinafter called the
EXCAVATOR, and ___________________, hereinafter called the LOCATOR/UTILITY: Due
to the construction of this large project, it will become necessary to make
certain arrangements for the locating of the utility facilities in accordance
with the Georgia Public Service Commission's Rule 515-9-4.
This Agreement is for the sole purpose of each party working
together to minimize or eliminate any damages to utility facilities as well as
allow the EXCAVATOR to pursue the work more expeditiously.
In consideration of the premises and the mutual covenants of
the parties hereinafter set forth, it is agreed:
1. The LOCATOR/UTILITY shall provide the EXCAVATOR with
correct contact information, including but not limited to, business address,
business phone numbers, business facsimile numbers and any available pager or
cellular numbers for all available locate technicians/representatives and their
supervisors for this project at the time of executing this Agreement.
2. Attached and made part of this agreement is the negotiated
marking plan, which is prepared by the EXCAVATOR. Any modifications or changes
to the negotiated marking plan shall be reviewed and agreed to by both
parties.
3. It is specifically understood that the EXCAVATOR will
notify the LOCATOR/UTILITY by telephone, electronic mail or other means as
provided by the LOCATOR/UTILITY prior to commencing any excavation activities
to ensure the specific work sites have been marked.
4. If EXCAVATOR needs to move to a project work site
involving excavation that has not been marked by the LOCATOR/UTILITY or the
LOCATOR/UTILITY has not confirmed the accuracy of the existing marks at such
site, the EXCAVATOR shall make contact with the LOCATOR/UTILITY and allow time
to respond.
5. The LOCATOR/UTILITY shall be available within 24 hours and
shall respond within such time frame in order for the work site to be marked or
confirm the accuracy of the existing marks.
6. If for any reason, the negotiated marking agreement is
terminated, the Large Project Procedures under the Georgia Public Service
Commission's Rule 515-9-4 are hereby waived and the provisions of the Official
Code of Georgia, Annotated Section
25-9-1et.
seq. shall continue in full force and effect.
LOCATOR/UTILITY Name
(print):__________________________
LOCATOR/UTILITY
Signature:_____________________________
EXCAVATOR Name (print):________________________
EXCAVATOR Signature:___________________________
Date: _____________________________
(insert date on page one of the agreement)
SAMPLE SAMPLE
| (1) |
White Lining.
| (a) |
Scope. This Rule shall have
statewide application; provided, however, that any municipal or county
governing authority in this State may adopt, by resolution or ordinance, more
stringent requirements relating to white lining, but no local governing
authority may adopt less stringent marking standards requirements. |
| (b) |
Purpose. The purpose of
white lining the area to be located is to allow everyone involved with the dig
site to know the exact location of the proposed excavation. White-lining the
excavation site is an excellent way to assist the utilities or utility locators
in marking lines in the work area right the first time and in less time. This
technique eliminates speculation by the locator about where the excavation will
take place and will often enable the utility or its agent to locate faster and
more accurately. In short, pre-marking the area and the extent of the intended
excavation can reduce delays and the time it takes to conduct the
locate. |
| (c) |
Background. White lining is a practice that has been widely used in the
United States where the National Transportation Board concluded that
pre-marking is a practice that helps prevent excavation damage. The procedure
simply involves an excavator using white paint to indicate the route or area
that is going to be excavated, such that the locator then knows exactly how
much marking is required and where. White lining reduces confusion about what
utility facilities need to be marked or not marked. |
| (d) |
Directive to UPC. Pursuant
to O.C.G.A. §§ 25-9-4(a)(1),
25-9-6(a)(1)
and (b),
25-9-7(a)(2),
and
25-9-13(f)
and pursuant to Commission Utility Rule
515-9-6-.01, the Utilities
Protection Center, Inc. ("UPC" or "One-Call Center") is hereby directed to
establish policies and procedures which identify when white lining is required.
Examples of areas to be white lined are smaller (involving only a portion of a
particular address) or linear excavations such as telecommunication drops and
lines, service lines (such as for water, gas, electricity and sewer), utility
pits, cuts and repairs, curb repairs, bore holes, directional boring pathways,
pole and signage placements, etc. Such examples are merely explanatory of the
type of excavation where white lining is appropriate and are not meant to be
exclusive. |
| (e) |
Exceptions to
White Lining. Unless otherwise required by applicable municipal or
county ordinance, white lining will not be required in the following
situations:
| (i) |
Any large project so
designated in accordance with GPSC Rule
515-9-4-.13; |
| (ii) |
Any jobsite that can be described with
such particularity as required by O.C.G.A.
25-9-6(b);
and |
| (iii) |
"Emergencies" and
"extraordinary circumstances" as such terms are defined in O.C.G.A. § 25-9-3(10)
and O.C.G.A. § 25-9-3(14),
respectively, are [pursuant to O.C.G.A. § 25-9-12]
statutory exceptions to O.C.G.A. § 25-9-6(a)requirement
for obtaining a locate ticket prior to commencing mechanized excavation and,
hence, also exceptions to the requirement for white lining under this Rule.
However, if a particular emergency notification is later determined not to have
been an emergency or an extraordinary circumstance, then the excavator's
failure to procure a locate ticket before excavating will be treated as a
violation of O.C.G.A. § 25-9-6
and of this Rule as per O.C.G.A. § 25-9-12.
Also, pre-excavation emergency locate ticket requests (that is, a requests for
a locate ticket on an expedited basis sooner than the prescribed statutory time
limit) will not be an exception to white lining as required in this
Rule. |
|
| (f) |
White
Lining Symbols as Directions to Locator. White lining proposed dig sites
that will follow a single path or trench shall be marked using white lines
and/or arrows and shall be located for twenty (20) feet on either side of the
white line and for twenty (20) feet outward beyond the designate "START" and
"END" of such linear white line. Therefore, it is important to identify the
starting & ending points.
|
| (g) |
Identification of White Lining
Excavator. In order toenable the locating utility or its locators to
quickly identify the requested locate at the job site and expedite the locating
process, each excavator when white lining shall identify himself or itself by
labeling the white line area with the excavator's name or the applicable locate
ticket number or both. |
|
| (2) |
Facility Marking by or for
Utilities.
| (a) |
Utility
Markings. Facility owners or their locate contractors shall indicate
utility facilities by placing their UPC alpha code, along with the type
material (if known) that the facility consists of, at the beginning and end of
locates. Also, arrows should be placed at the ends of markings to indicate that
the underground facility continues. In accomplishing the locate task, the line
locator shall use industry-approved and generally accepted methods of locating.
| (i) |
To avoid confusion on long runs, the
marks shall be frequent enough to identify the owner. |
| (ii) |
The marks shall indicate the approximate
center-line of the underground lines. For example, the middle of the cable,
line or pipe shall be at the center of the dashed marks. |
| (iii) |
Location marks shall be 4 to 12 inches
in length and at intervals of 5 to 10 feet.
|
| (iv) |
The line locator (person marking the
lines) shall extend marks outside the proposed work area by 20 to 30 feet if
those facilities extend outside the proposed excavation area.
|
| (v) |
In areas such as flower beds, rock gardens, etc., flags or stakes may be an
alternative to paint. The decision to use flags, paint, or stakes shall be
based on the terrain and job conditions. For instance, flags or stakes in wet
areas, offsets in dirt construction zones that have a high volume of traffic
crossing their line location marks.
|
| (vi) |
Dead ends, stub-outs, termination
points, etc., shall be marked as follows:
|
| (vii) |
Lines that have connections (e.g., T's
or Y's) or changes in directions shall be clearly indicated. Marks indicating
lines or connections shall clearly show the intersection and path of the line
or connection. Marks that show changes in direction shall be placed closer
together for more clarity and accuracy.
|
| (viii) |
Manholes and valves shall be
identified by using a circle and letters if they are not visible (dirt covering
valve boxes or pavement covering manhole cover).
|
| (ix) |
Facilities that cross but do not
intersect shall be marked as described to indicate such installation manner.
|
| (x) |
Unlocateable sewer laterals shall be marked by placing a green triangle on the
sewer main and, if the location of the tap for such unlocateable sewer lateral
is known, by placing a green "T" or "Y" or other appropriate symbol at the tap
pointing generally toward the address served by such unlocateable sewer
lateral.
|
| (xi) |
When facilities share the same trench,
they shall be heavily identified and separated enough so that they can be
readily identified. This would apply to lines that share the same color code.
For example, cable television & telephone lines:
|
| (xii) |
If the facility to be marked has a
diameter greater than 12", the size of the facility shall be indicated if
known. If the size is not known, then the mark shall indicate greater than 12
inches. |
| (xiii) |
Duct structures
shall be marked by using a dot with parallel boundary on each side of the dot.
|
| (xiv) |
In areas where there is a strong
likelihood that any or all marker types showing line location would be
destroyed, offsets shall be placed on a permanent surface. However, offsets
should be used only in conjunction with marks placed above a facility. Offset
spacing should be every third or fourth mark. For example, the following mark
would indicate the line is 16 feet from the end of the arrow.
|
| (xv) |
In areas where cables are spliced, the
facilities should be located individually as far as possible on both sides of
the splice. When the signal is distorted due to the near proximity to the
splice a circle with "SP" should indicate the area of distortion or "splice
pit".
|
|
|
