(a) Each operator notified in accordance with § 71104 of this Chapter, shall, not less than five (5) working days in advance of the proposed excavation or demolition (unless a shorter period is provided by agreement between the person responsible for the excavation or demolition and the operation), supply, by use of maps when appropriate, the following information to the person responsible for the excavation or demolition:

(1) The approximate location and description of all of its underground utilities which may be damaged as a result of the

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21 Guam Code Ann. REAL PROPERTY
CH. 71 UNDERGROUND UTILITY DAMAGE PREVENTION

excavation or demolition, including as built drawings of the utilities or underground facilities maintained by the operator filed at the Department of Public Works in accordance with § 66210 of Title 21, Guam Code Ann., if available.

(2) The location and description of all utility markers indicating the approximate location of the underground utilities.

(3) Any other information that would assist that person in locating and thereby avoiding damage to the underground utilities including, the provision of adequate temporary markings indicating the approximate location of the underground utility in locations where permanent utility markers do not exist.

(b) For purposes of this Section, the approximate location of underground utilities is defined as a strip of land at least three (3) feet wide but not wider than the width of the utility plus 1.5 feet on either side of the utility.

(c) Failure by the operator to maintain and provide information described in subsection (a) above as built drawings from Department of Public Works’ or its own records existing prior to the excavation or demolition, shall preclude operator from recovering for repair of damages to underground utilities, facilities, or lines as provided for in Chapter 71.””

(d) The operator shall not be liable for repair of damages to underground utilities, facilities, or lines when it is determined that the damages occurred within an area cleared by the information described in (a) above.

SOURCE: Amended by P.L. 29-090:6 (July 18, 2008), P.L. 29-146:3 (Jan. 30,
2009).