DAMAGE: Includes the penetration or destruction of any protective coating, housing, or other protective device of an underground facility, the denting or partial or complete severance of an underground facility, or the rendering of any underground facility inaccessible.
EMERGENCY SITUATIONS: Includes ruptures and leakage of pipelines, explosions, fires, and similar instances where immediate action is necessary to prevent loss of life or significant damage to property, including, without limitation, underground facilities, and advance notice of proposed excavation is impracticable under the circumstances.
EXCAVATION: Any operation in which earth is moved or removed by means of any tools, equipment, or explosives and includes augering, backfilling, boring, ditching, drilling, grading, plowing-in, pulling-in, ripping, scraping, trenching, hydro excavating, postholing, and tunneling. "Excavation" includes all excavations performed in a public place pursuant to a license and permit granted in accord with chapter 3, article 3, part 2 of this Code. "Excavation" does not include:
A. Routine maintenance on existing planted landscapes; or
B. An excavation by a rancher or a farmer, as defined in Colorado Revised Statutes section 42-20-108.5, occurring on a ranch or farm when the excavation involves:
1. Any form of existing agricultural activity that is routine for that ranch or farm;
2. Land clearing if the activity does not involve deep ripping or deep root removal of trees or shrubs; or
3. Routine maintenance of:
a. An existing irrigation facility if the facility has been subjected to maintenance in the previous twenty four (24) months; or
b. Existing fence lines.
NOTIFICATION ASSOCIATION: The statewide notification association of owners and operators of underground facilities created in Colorado Revised Statutes section 9-1.5-105, also known as "Colorado 811" or as the "Utility Notification Center of Colorado".
OPERATOR or OWNER: Any person, including public utilities, municipal corporations, political subdivisions, or other persons having the right to bury underground facilities in or near a public road, street, alley, right-of-way, or utility easement. "Operator" or "owner" as used in this article does not include any railroad.
PERSON: Any individual acting on his or her own behalf, a sole proprietor, partnership, association, corporation, or joint venture; the state, any political subdivision of the state, or any instrumentality or agency of either; or the legal representative of any of these.
PREMARK: Marking the route of a proposed excavation with white paint, flags, stakes or a combination of such methods to outline the dig site prior to notifying the notification association, and before the locator arrives on the site.
PROGRAM: The Colorado Springs underground damage prevention safety program, set forth in this article. The program will collaborate with the notification association and other state agencies on the enforcement authority as established by statute.
PROGRAM MANAGER: The person appointed by the Chief Executive Officer to administer this program.
ROUTINE MAINTENANCE: A regular activity that happens at least once per year on an existing planted landscape if earth is not disturbed at a depth of more than twelve inches (12") by non-mechanical means, including using hand tools, or four inches (4") by mechanical means and if the activities are not intended to permanently lessen the ground cover or lower the existing ground contours. Mechanical equipment used for routine maintenance tasks includes aerators, hand-held rototillers, soil injection needles, lawn edgers, and overseeders.
SOFT DIGGING: Any excavation using hand tools or equipment that utilize air or water pressure as the direct means to break up soil or earth for removal by vacuum excavation.
UNDERGROUND FACILITY: Any item of personal property which is buried or placed below ground for use in connection with the storage or conveyance of water or wastewater, electronic, telephonic, or telegraphic communications or cable television, electric energy, or oil, gas, or other substances. For purposes of this definition, an item of personal property includes, but is not limited to, pipes, wastewater collection facilities, conduits, cables, valves, lines, wires, manholes, and attachments thereto.
UTILITY LOCATE: Actions taken by or on behalf of an operator or owner using reasonable care to advise an excavator of the location, number and size of any underground facilities in the proposed excavation area including laterals in the public right-of-way, by accurately marking the location of the underground facilities with clearly identifiable markings.
VIOLATION: A determination by the Program Manager that a violation of this article has occurred.
VIOLATION, MAJOR: A major violation includes, but is not limited to, an act that the Program Manager finds to be in blatant disregard of this article where the potential for injury to the public or property is highly probable.
VIOLATION, MINOR: A minor violation includes, but is not limited to, an act that the Program Manager finds to be in violation of this article where the potential for injury to the public or property is not a factor. The act of filing a frivolous complaint shall also constitute a minor violation. For purposes of this article, a frivolous complaint is one that is entirely without merit and is made with the intention of causing inconvenience, harassment or expense.
VIOLATION, MODERATE. A moderate violation includes, but is not limited to, an act that the Program Manager finds to be in violation of this article where the potential for injury to the public or property is foreseeable. (Ord. 20-70 1 )
Notes
| 1 | 1. January 1, 2021 is the effective date of Ordinance 20-70. |