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
Underground Facility Protection Act (O.C.G.A. § 25-9-1 et 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 Underground
Facility Protection Act (O.C.G.A. § 25-9-1 et 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. If Christmas Eve falls on a Friday, it shall be observed on
the preceding Thursday. If Christmas Eve falls on a Sunday, it shall be
observed on the following Tuesday. |
| (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) |
"Effective
date" means the calendar day on which blasting or excavating is anticipated to
begin as indicated by the excavator in the locate request. |
| (g) |
"Facility owner or operator" means any
person or entity that owns, operates or controls the operation of an
underground facility. |
| (h) |
"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. |
| (i) |
"Underground facility" means an
underground or submerged fiber, conductor, pipe, 199 or structure used or
installed for use in providing traffic control, traffic management, 200
electric service, or communications service, or in carrying, providing, or
gathering gas, 201 oil or oil products, sewage, wastewater, storm drainage, or
water or other liquids. All 202 underground facilities shall be considered to
extend up to the connection to the customer's 203 facilities. Such terms shall
not include sewer laterals or publicly or privately owned 204 railroad
facilities. |
| (j) |
"Utilities
Protection Center" or "UPC" 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. |
| (k) |
O.C.G.A. § 25-9-3(21)
defines "Large Project" as an excavation that involves more work to locate
underground 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 prior to 7:00 A.M. on the
effective date. 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(15) and § 25-9-3(4), 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 underground 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, Underground 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 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 an
underground 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 underground facility 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:
| 1. |
Submission of written explanations,
information or other materials in response to the allegations; |
| 2. |
Information concerning the size, annual
budget, and gross receipts of the authority; |
| 3. |
Where applicable and available, the total
number of underground facility connections and types of utilities within the
territory of the local governing authority; |
| 4. |
Total number of locate tickets received
annually by the local governing authority; |
| 5. |
The number of locate codes and calls made
annually to the local governing authority from the UPC; and |
| 6. |
When applicable, the number of 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 local
governing authority may respond during the investigation or proceedings as
follows:
| 1. |
The authority may agree to the
Commission's proposed compliance order, if such proposed order has not been
withdrawn by the Commission; |
| 2. |
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:
| (i) |
review before the GUFPA Advisory
Committee; or |
| (ii) |
an informal
conference with the Commission Staff; or |
| (iii) |
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:
| 1. |
Recommend no action
and terminate the investigation; |
| 2. |
Recommend that a warning letter be issued to the person alleged to have
committed the violation ("the respondent"); |
| 3. |
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; |
| 4. |
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; |
| 5. |
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:
| 1. |
The nature, circumstances and
gravity of the violation, (including, but not limited to, adverse impact on the
area, the general public and customers); |
| 2. |
The degree of the respondent's
culpability; |
| 3. |
The respondent's
history of prior offenses; |
| 4. |
The
respondent's ability to pay; |
| 5. |
Any
good faith effort by the Authority respondent in attempting to achieve
compliance; |
| 6. |
The effect on the
respondent's ability to continue in business; |
| 7. |
The number of locate tickets and locate
call and codes received annually by the local governing authority; |
| 8. |
The cost of the local government's
compliance with the statute or rule violated; |
| 9. |
The number of customers whose services may
have been interrupted by the local governing authority's violation and the
duration of such interruption; and |
| 10. |
The size, annual budget, gross receipts,
number of underground facility 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
underground facility, 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 underground facility, 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 underground facility, 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:
| 1. |
Tier One
Authorities that have 25,000 or less total underground
facility, water and sewer connections or that employ 1 through 25 people in
underground facility, 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.
|
| 2. |
Tier Two
Authorities that have more than 25,000 but less than 50,000
total underground facility, water and sewer connections or that employ 26
through 50 people in underground facility, 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.
|
| 3. |
Tier Three
Authorities that have 50,000 or more, but less than 100,000
total underground facility, water and sewer connections, or that employ 51
through 75 people in underground facility, 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.
|
| 4. |
Tier Four
Authorities that have 100,000 or more, but less than 200,000
total underground facility, water and sewer connections or that employ 76
through 100 people in underground facility, road maintenance, water, sewer or
public works functions (including contractor personnel), may be assessed a
penalty of up to $1,500 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.
|
| 5. |
Tier Five
Authorities that have 200,000 or more total underground
facility, water and sewer connections or that employs 101 or more people in
underground facility, 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 authority 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 authority. 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
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 underground
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
Underground 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
underground 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. § 25-9-1 et 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
(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
, 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 underground 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 underground 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 underground 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/de-activated 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 underground 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 underground
facility 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. § 25-9-1 ET 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 an underground 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. § 25-9-1 et. 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 underground facilities.
SAMPLE SAMPLE
Large Project - Sample Underground 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 underground 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 underground 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
25-9-1 et. 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
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| (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 underground facilities or
underground facility 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
underground facility 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 underground 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
, 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:
| 1. |
Any large project so
designated in accordance with GPSC Rule
; |
| 2. |
Any jobsite that can be described with
such particularity as required by O.C.G.A.
25-9-6(b);
and |
| 3. |
"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. |
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| (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 to enable the locating underground facility 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) |
"No
conflict" with the excavation should only be communicated by
facility owners through the Positive Response Information System (PRIS). No
marks or messages with paint or stakes should be left at the proposed
excavation if there is no conflict. |
| (b) |
Underground Facility
Markings. Facility owners or their locate contractors shall indicate
underground 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.
| 1. |
To avoid confusion on long runs, the marks
shall be frequent enough to identify the owner. |
| 2. |
Location marks shall be 4 to 12 inches in
length and at intervals of 5 to 10 feet.
|
| 3. |
The line locator (person marking the
lines) shall extend marks outside the proposed work area by 25 feet if those
facilities extend outside the proposed excavation area.
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| 4. |
In environmental conditions such as but
not limited to, rain, snow, wet or marshy areas and or temporary surface
conditions, flags will be used in addition to paint markings. Flags and/or
stakes cannot be used as a substitution to paint markings and offsets. It will
be the facility owner's decision to use flags and or stakes in addition to
paint markings.
|
| 5. |
Dead ends, stub-outs, termination points,
etc., shall be marked as follows:
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| 6. |
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.
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| 7. |
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).
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| 8. |
Facilities that cross but do not intersect
shall be marked as described to indicate such installation manner.
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| 9. |
Unlocatable sewer laterals, installed
prior to 2006, shall be marked by placing a green triangle on the sewer main
and, if the location of the tap for such unlocatable 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 unlocatable sewer lateral.
|
| 10. |
Single facilities, including direct
buried facilities, should be marked by placing marks over the approximate
center of the facility. |
| 11. |
One or
multiple facilities housed in a single conduit should be marked with one single
mark per conduit. |
| 12. |
If the
facility to be marked has a diameter greater than 12", the size of the facility
shall be indicated if known. |
| 13. |
Multiple direct buried electric facilities where the separation does not allow
for a separate tone for each facility, but the number of the facilities is
known should be marked by corridor marks not to exceed 24 inches. The marks
shall indicate the number of facilities in the corridor.
|
| 14. |
Multiple facilities of the same type
other than electric that are bundled and intertwined in the same trench shall
be marked over the approximate center of the facilities. The marks shall
indicate the number of facilities in the corridor.
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| 15. |
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:
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| 16. |
Duct structures are multiple conduits
stacked or side by side, installed at the same time, in a singular trench or
bore path, that may or may not be encased with a protective structure. These
facilities shall be marked by using a dot with parallel boundary on each side
of the dot.
Duct structures marked in excess of 36 inches in total will
require the underground facility notify the excavator and identify the size of
the marked.
Any duct structure marked in excess of its actual size will
be considered overmarked and will be considered a probable violation of the
Marking Standards.
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| 17. |
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.
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| 18. |
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".
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| 19. |
The tolerance zone as defined in O.C.G.A
25-9-3 (34) is
measured from the edge of the facility and is not based on the location of the
marks. |
| 20. |
Traffic Control and
Traffic Management Devices will be marked orange for the communication
facilities and red for the electric facilities. To clearly distinguish these
devices from other communication and electric facilities, facility owners or
their locate contractors shall indicate these facilities by placing their UPC
alpha code, and a dash followed by "TC" for Traffic Control Devices and "TM"
for Traffic Management Devices.
When electric and communication are bundled and intertwined
in the same conduit, it shall be marked over the approximate center of the
facility using red paint with the UPC alpha code and a dash followed by "TC"
for Traffic Control Devices and/or "TM" for Traffic Management
Devices.
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