Kansas Statutes 66-1809. Excavator’s duty to exercise reasonable care; trenchless excavation; rules and regulations
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(a) Upon receiving information as provided in Kan. Stat. Ann. § 66-1806, and amendments thereto, an excavator shall exercise such reasonable care as may be necessary for the protection of any underground facility in and near the construction area when working in close proximity to any such underground facility.
(b) An excavator using a trenchless excavation technique shall meet minimum operating guidelines as prescribed in rules and regulations developed and adopted by the state corporation commission in support of this act.
Terms Used In Kansas Statutes 66-1809
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Excavation: means any operation in which earth, rock or other material below the surface is moved or otherwise displaced by any means, except tilling the soil for normal agricultural purposes, or railroad or road and ditch maintenance that does not change the existing railroad grade, road grade and/or ditch flowline, or operations related to exploration and production of crude oil or natural gas, or both. See Kansas Statutes 66-1802
- Excavator: means any person who engages directly in excavation activities within the state of Kansas, but shall not include any occupant of a dwelling who: (1) Uses such dwelling as a primary residence; and (2) excavates on the premises of such dwelling. See Kansas Statutes 66-1802
- Facility: means any sanitary sewer or underground line, system or structure used for transporting, gathering, storing, conveying, transmitting or distributing potable water, gas, electricity, communication, crude oil, refined or processed petroleum, petroleum products or hazardous liquids. See Kansas Statutes 66-1802
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201