2005 Idaho Code - 55-2203 — PERMIT COMPLIANCE -- NOTICE OF EXCAVATION -- RESPONSE TO NOTICE -- COMPENSATION FOR FAILURE TO COMPLY -- EXEMPTIONS

                                  TITLE  55
                             PROPERTY IN GENERAL
                                  CHAPTER 22
                   UNDERGROUND FACILITIES DAMAGE PREVENTION
    55-2203.  PERMIT COMPLIANCE -- NOTICE OF EXCAVATION -- RESPONSE TO NOTICE
-- COMPENSATION FOR FAILURE TO COMPLY -- EXEMPTIONS. (1) Before commencing
excavation, the excavator shall:
    (a)  Comply with other applicable law or permit requirements of any public
    agency issuing permits;
    (b)  Pre-mark on-site the path of excavation with white paint or, as the
    circumstances require, other reasonable means that will set out clearly
    the path of excavation. An excavator need not pre-mark as required in this
    subsection if:
         (i)   The underground facility owner or its agent can determine the
         location of the proposed excavation by street address or lot and
         block by referring to a locate ticket; or
         (ii)  The excavator and underground facility owner have had a meeting
         prior to the beginning of the proposed excavation at the excavation
         site for the exchange of information required under this subsection.
    (c)  Provide notice of the scheduled commencement of excavation to all
    underground facility owners through a one-number locator service. If no
    one-number locator service is available, notice shall be provided
    individually to those owners of underground facilities known to have or
    suspected of having underground facilities within the area of proposed
    excavation. The notice shall be communicated by the excavator to the
    one-number locator service or, if no one-number locator service is
    available, to the owners of underground facilities not less than two (2)
    business days nor more than ten (10) business days before the scheduled
    date for commencement of excavation, unless otherwise agreed in writing by
    the parties.
    (2)  Upon receipt of the notice provided for in this section, the
underground facility owner or the owner's agent shall locate and mark its
locatable underground facilities by surface-marking the location of the
facilities. If there are identified but unlocatable underground facilities,
the owner of such facilities or the owner's agent shall locate and mark the
underground facilities in accordance with the best information available to
the owner of the underground facilities and with reasonable accuracy as
defined in section 55-2202(12), Idaho Code. The owner of the underground
facility or the owner's agent providing the information shall respond no later
than two (2) business days after the receipt of the notice or before the
excavation time set forth in the excavator's notice, at the option of the
underground facility owner, unless otherwise agreed in writing by the parties.
Excavators shall not excavate until all known facilities have been marked.
Once marked by the owner of the underground facility, or the owner's agent,
the excavator is responsible for maintaining the markings. Unless otherwise
agreed in writing by the parties, maintained markings shall be valid for
purposes of the notified excavation for a period of no longer than three (3)
consecutive weeks following the date of notification so long as it is
reasonably apparent to the excavator that site conditions have not changed so
substantially as to invalidate the markings.
    (a)  Excavators shall have the right to receive compensation from the
    owner of the underground facility for costs incurred if the owner of the
    underground facility does not locate its facilities in accordance with
    this chapter.
    (b)  The owner of the underground facility shall have the right to receive
    compensation for costs incurred in responding to excavation notices given
    less than two (2) business days prior to the excavation except for notices
    given for discovered facilities after the owner has identified facilities.
    (3)  Emergency excavations are exempt from the time requirements for
notification provided in this section.
    (4)  If the excavator, while performing the excavation, discovers
underground facilities (whether active or abandoned) which are not identified,
the excavator shall cease excavating in the vicinity of the facility and
immediately notify the owner or operator of such facilities, or the one-number
locator service. The excavator shall have the right to receive compensation
from the underground facility owner for standby cost (based on standby rates
made publicly available) incurred as a result of waiting for the underground
facility owner or the owner's agent to arrive at the work site to identify the
unidentified facilities and provided that if the underground facility owner or
the owner's agent supplies reasonably accurate locate information within eight
(8) hours of the time that the excavator notifies the underground facility
owner of facilities not previously located, the excavator's compensation for
delay of the excavation project shall be limited to actual costs or one
thousand dollars ($1,000), whichever is less.