West Virginia Code 24C-1-4 – Qualifications for certification and responsibilities of a one-call system
(a) In order to qualify for certification as a one-call system under the provisions of this article, a one-call system shall be operated on a not-for-profit basis but may be operated by any one or more of the following:
Terms Used In West Virginia Code 24C-1-4
- 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 facilities: Provided, That "demolish" and "demolition" do not include earth-disturbing activities authorized pursuant to the provisions of §. See West Virginia Code 24C-1-2
- 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, boring, backfilling, grading, trenching, trenchless technology, digging, ditching, dredging, drilling, auguring, tunneling, moleing, scraping, cable or pipe plowing and driving, wrecking, razing, rendering, moving, or removing any structure or mass of material, but does not include underground or surface mining operations or related activities or the tilling of soil for agricultural purposes or for domestic gardening. See West Virginia Code 24C-1-2
- Excavator: means any person intending to engage or engaged in excavation or demolition work. See West Virginia Code 24C-1-2
- One-call system: means a communication system that receives notification from excavators of intended excavation work and prepares and transmits such notification to operators of underground facilities in accordance with this article. See West Virginia Code 24C-1-2
- Person: means any individual, firm, joint venture, partnership, corporation, association, state agency, county, municipality, cooperative association, or joint stock association, and any trustee, receiver, assignee, agency, or personal representative thereof. See West Virginia Code 24C-1-2
- Public Service Commission: means the Public Service Commission of West Virginia. See West Virginia Code 24C-1-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Work site: means the location of excavation or demolition work as described by an excavator, operator, or person or persons performing the work. See West Virginia Code 24C-1-2
(1) A person who operates underground facilities;
(2) A private contractor;
(3) A state or local government agency; or
(4) A person who is otherwise eligible under state or federal law to operate a one-call system.
(b) A one-call system which complies with the requirements set forth in subsection (a) of this section shall be certified by the Public Service Commission for the area in which it will conduct operations prior to commencing such operations: Provided, That any one-call system in operation prior to January 1, 1996, may not be required to be so certified. The Public Service Commission shall certify a one-call system where the public interest so requires and when such system complies with the provisions of this article.
(c) A one-call system operating under the provisions of this article shall:
(1) Receive and record information from excavators about intended excavation or demolition activities;
(2) Promptly transmit to its affected members the information received from excavators about intended excavation or demolition;
(3) Maintain a record of each notice of intent to engage in excavation or demolition, provided pursuant to the requirements of section five of this article;
(4) Upon receipt of notification of intended excavation or demolition from an excavator, inform the person making such notification of the names of all members having underground facilities in the vicinity of the intended work site; and
(5) Assign a serial number for each notification received from an excavator and provide that serial number to both the excavator and affected members.