Idaho Code 55-2208 – Damage to Underground Facilities — Duties of Excavator and Owner — Reporting of Data
Current as of: 2023 | Check for updates
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(1) An excavator who, in the course of excavation, contacts or damages an underground facility shall notify the underground facility owner and the one-number notification service. If the damage causes an emergency condition or an actual breach of an underground facility that releases gas or hazardous liquids into the surrounding environment, the excavator causing the damage shall also alert the appropriate local public safety agencies by, at a minimum, calling 911, and take all appropriate steps to ensure the public safety. No damaged underground facility may be buried until it is repaired or relocated.
(2) The owner of the underground facilities damaged shall arrange for repairs or relocation as soon as is practical or may permit the excavator to do necessary repairs or relocation at a mutually acceptable price.
Terms Used In Idaho Code 55-2208
- Board: means the damage prevention board. See Idaho Code 55-2202
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damage: means any impact or exposure that results in the substantial weakening of structural or lateral support of an underground facility, or the penetration, impairment, or destruction of any underground protective coating, housing, or other protective device, or the partial or complete destruction of the facility, or the severance, partial or complete, of any underground facility to the extent that the project owner or the affected underground facility owner determines that repairs are required. See Idaho Code 55-2202
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Emergency: means any sudden or unforeseen condition that compels immediate action to prevent or resolve:
Idaho Code 55-2202Excavation: means any operation in which earth, rock, or other material in the ground is moved or otherwise displaced by any means including, but not limited to, explosives. See Idaho Code 55-2202 Excavator: means any person who engages directly in excavation. See Idaho Code 55-2202 Excavator downtime: means lost time for an excavation project due to failure of one (1) or more stakeholders to comply with applicable damage prevention regulations. See Idaho Code 55-2202 One-number notification service: means a service through which a person can notify owners of underground facilities and request field-marking of their underground facilities. See Idaho Code 55-2202 Underground facility: means any item buried or placed belowground for use in connection with the storage or conveyance of water (unless being delivered primarily for irrigation), stormwater, sewage, electronic, telephonic or telegraphic communications, cable television, electric energy, petroleum products, gas, gaseous vapors, hazardous liquids, or other substances and includes but is not limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments, and those parts of poles or anchors belowground. See Idaho Code 55-2202 Underground facility owner: means any person who owns or operates an underground facility or who provides any utility service or commodity to an end user via an underground facility. See Idaho Code 55-2202
(3) Any party responsible for damages to an underground facility shall be liable for the cost of repairs.
(4) The board shall adopt by rule a procedure for the processing of claims related to damages to underground facilities.
(5) Underground facility owners who observe or suffer damage to an underground facility and excavators who observe or suffer excavator downtime related to a failure of one (1) or more stakeholders to comply with applicable damage prevention regulations shall report such information to the board in accordance with the rules promulgated by the board. Reporting of such data does not constitute a complaint provided for in section 55-2211, Idaho Code.