Terms Used In Virginia Code > Title 56 > Chapter 10.3 - Underground Utility Damage Prevention Act

• Abandoned: means no longer in service and physically disconnected from a portion of the underground utility line that is in use for storage or conveyance of service. See Virginia Code 56-265.15
• Adult: means a person 18 years of age or more. See Virginia Code 1-203
• Commission: means the State Corporation Commission. See Virginia Code 56-1
• Contract locator: means any person contracted by an operator specifically to determine the approximate horizontal location of the operator's utility lines that may exist within the area specified by a locate request. See Virginia Code 56-265.15
• Council: means the State Council of Higher Education for Virginia. See Virginia Code 23.1-100
• Damage: means any impact upon or removal of support from an underground facility as a result of excavation or demolition which according to the operating practices of the operator would necessitate the repair of such facility. See Virginia Code 56-265.15
• Deed: The legal instrument used to transfer title in real property from one person to another.
• demolition: means any operation by which a structure or mass of material is wrecked, razed, rendered, moved, or removed by means of any tools, equipment, or discharge of explosives which could damage underground utility lines. See Virginia Code 56-265.15
• Designer: means any licensed professional designated by the project owner who designs government projects, commercial projects, residential projects consisting of 25 or more units, or industrial projects, which projects require the approval of governmental or regulatory authorities having jurisdiction over the project area. See Virginia Code 56-265.15
• Devise: To gift property by will.
• Emergency: means a sudden or unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. See Virginia Code 56-265.15
• Ex officio: Literally, by virtue of one's office.
• Ex officio: means service by virtue of one's office and includes voting privileges for ex officio members unless otherwise provided. See Virginia Code 1-215
• excavation: means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of any tools, equipment, or explosives and includes, without limitation, grading, trenching, digging, ditching, dredging, drilling, augering, tunneling, scraping, cable or pipe plowing and driving, wrecking, razing, rendering, moving, or removing any structure or mass of material. See Virginia Code 56-265.15
• Exigent circumstances: means circumstances outside of an operator's or contract locator's, as described in subsection D of § Virginia Code 56-265.15
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Hand digging: means any excavation involving nonmechanized tools or equipment. See Virginia Code 56-265.15
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
• Locate request: means the completed delivery of information to the notification center requesting markings for a specified area of excavation or demolition and receipt of the same by the notification center in accordance with this chapter. See Virginia Code 56-265.15
• Mail: includes electronic mail and other forms of electronic communication when the customer has requested or authorized electronic bill delivery or other electronic communications. See Virginia Code 56-1
• Nonlegislative citizen member: means any natural person who is not a member of the General Assembly of Virginia. See Virginia Code 1-225
• notification: means the completed delivery of information to the person to be notified, and the receipt of same by such person in accordance with this chapter. See Virginia Code 56-265.15
• Notification center: means an organization whose membership is open to all operators of underground facilities located within the notification center's designated service area, which maintains a data base, provided by its member operators, that includes the geographic areas in which its member operators desire transmissions of notices of proposed excavation, and which has the capability to transmit, within one hour of receipt, notices of proposed excavation to member operators by electronic means. See Virginia Code 56-265.15
• Operator: means any person who owns, furnishes or transports materials or services by means of a utility line. See Virginia Code 56-265.15
• Oversight: Committee review of the activities of a Federal agency or program.
• Person: means any individual, operator, firm, joint venture, partnership, corporation, association, municipality, or other political subdivision, governmental unit, department or agency, and includes any trustee, receiver, assignee, or personal representative thereof. See Virginia Code 56-265.15
• Personal representative: includes the executor of a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent. See Virginia Code 1-234
• Positive response: means a code or phrase posted by an operator or locator to the notification center detailing the marking status of a locate request. See Virginia Code 56-265.15
• Positive response system: means the excavator-operator information exchange system that is required by subsection E of § Virginia Code 56-265.15
• Private sewer lateral: means a privately owned, legally authorized utility line that transports wastewater from one or more buildings to a sewer system utility line owned by a sewer system operator. See Virginia Code 56-265.15
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public institution of higher education: includes the System as a whole and each associate-degree-granting and baccalaureate public institution of higher education in the Commonwealth. See Virginia Code 23.1-100
• Railroad: includes all railroad or railway lines, whether operated by steam, electricity, or other motive power, except when otherwise specifically designated. See Virginia Code 56-1
• Sewer system: means a system of utility lines used for conveying wastewater, and includes sewer system laterals but does not include private sewer laterals. See Virginia Code 56-265.15
• Sewer system lateral: means a lateral utility line located in the public right-of-way or public sewer easement, owned by a sewer system operator, and used to transport wastewater to the operator's main sewer line. See Virginia Code 56-265.15
• Sewer system operator: means an operator of a sewer system. See Virginia Code 56-265.15
• Soft digging: means any excavation using tools or equipment that utilize air or water pressure as the direct means to break up soil or earth for removal by vacuum excavation. See Virginia Code 56-265.15
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• System: means the Virginia Community College System. See Virginia Code 23.1-100
• Utility line: means any item of public or private property which is buried or placed below ground or submerged for use in connection with the storage or conveyance of water, sewage, telecommunications, electric energy, cable television, oil, petroleum products, gas, or other substances, and includes pipes, sewers, combination storm/sanitary sewer systems, conduits, cables, valves, lines, wires, manholes, attachments, and those portions of poles below ground. See Virginia Code 56-265.15
• Water system: means a system of utility lines used for supplying water, and does not include private water laterals. See Virginia Code 56-265.15
• Water system operator: means an operator of a water system. See Virginia Code 56-265.15
• Willful: means an act done intentionally, knowingly, and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently. See Virginia Code 56-265.15
• Working day: means every day, except Saturdays, Sundays, and legal state and national holidays. See Virginia Code 56-265.15