Terms Used In Kansas Statutes > Chapter 66 > Article 18 - Utility Damage Prevention

• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Damage: means any impact or contact with an underground facility, its appurtenances or its protective coating, or any weakening of the support for the facility or protective housing that requires repair. See Kansas Statutes 66-1802
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Electric public utility: means the same as such term is defined in Kan. See Kansas Statutes 66-1802
• Emergency: means any condition constituting a clear and present danger to life, health or property, or a customer service outage. See Kansas Statutes 66-1802
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Marking: means the use of stakes, paint, flags or other clearly identifiable materials to show the field location of underground facilities, in accordance with the rules and regulations promulgated by the state corporation commission in the administration and enforcement of this act. See Kansas Statutes 66-1802
• Municipality: means any city, county, municipal corporation, public district or public authority located in whole or in part within this state that provides firefighting, law enforcement, ambulance, emergency medical or other emergency services. See Kansas Statutes 66-1802
• Notification center: means the statewide communication system operated by an organization which has as one of its purposes to receive and record notification of planned excavation in the state from excavators and to disseminate such notification of planned excavation to operators who are members and participants. See Kansas Statutes 66-1802
• Operator: means any person who owns or leases an underground tier 1 or tier 2 facility, except for any person who is the owner of real property wherein is located underground facilities for the purpose of furnishing services or materials only to such person or occupants of such property. See Kansas Statutes 66-1802
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permitted project: means a project where a permit for the work to be performed must be issued by a city, county, state or federal agency and, as a prerequisite to receiving such permit, the applicant must serve notice of intent of excavation to all operators of underground facilities in the area of the work and in the vicinity of the excavation. See Kansas Statutes 66-1802
• Person: means any individual, partnership, corporation, association, franchise holder, state, city, county or any governmental subdivision or instrumentality of a state and its employees, agents or legal representatives. See Kansas Statutes 66-1802
• Platted land: means a tract or parcel of land that has been subdivided into lots of less than five acres for the purpose of building developments, including housing developments, and for which a surveyor's plat has been filed of record in the office of the register of deeds in the county where the land is located. See Kansas Statutes 66-1802
• Preengineered project: means a public project or a project that is approved by a public agency wherein the public agency responsible for the project, as part of its engineering and contract procedures, holds a meeting prior to the commencement of any construction work on such project in which all persons, determined by the public agency to have underground facilities located within the construction area of the project, are invited to attend and given an opportunity to verify or inform the public agency of the location of their underground facilities, if any, within the construction area and where the location of all known and underground facilities are duly located or noted on the engineering drawing as specifications for the project. See Kansas Statutes 66-1802
• Production petroleum lead lines: includes underground lines associated with lease fuel and saltwater disposal and injection. See Kansas Statutes 66-1802
• Property: includes personal and real property. See Kansas Statutes 77-201
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
• road: include public bridges and may be construed to be equivalent to "county way" "county road" "common road" "state road" and "territorial road. See Kansas Statutes 77-201
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
• Tolerance zone: means the area not more than 24 inches of the outside dimensions in all horizontal directions of an underground facility, except that a larger tolerance zone for a tier 1, 2 or 3 facility may be established by rules and regulations adopted under Kan. See Kansas Statutes 66-1802
• Working day: means every day Monday through Friday beginning at 12:01 a. See Kansas Statutes 66-1802