A. Premarking: A person planning to conduct an excavation shall premark the area to be excavated or provide electronic delineation of the area to be excavated on a map, plan sheet, or aerial photograph or otherwise identify the area to be excavated at the time of calling the notification association. If the area is not sufficiently identified, an owner or operator may, at their discretion, choose not to locate and field mark any underground facilities, until the area to be excavated has been premarked.
B. Notification Association: No person shall make or begin excavation without first submitting a locate request to the notification association. At the time of submitting a locate request, excavators shall provide electronic delineation of the excavation area through the notification association, if available.
C. Perform Locate: Any owner or operator receiving notice pursuant to Colorado Revised Statutes section 9-1.5-103 (4)(a)(I) shall, at no cost to the excavator and within two (2) business days unless otherwise agreed to by the excavator, not including the day the owner or operator receives notice from the notification association, use reasonable care to advise the 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 marking the location for the facilities with clearly identifiable markings within eighteen inches (18") horizontally from the exterior sides of the facilities. The marking must include the depth, if known, and shall be made pursuant to the uniform color code as approved by the American Public Works Association. The markings must meet the marking standards as established by the commission pursuant to Colorado Revised Statutes section 9-1.5-104.2 (1)(a)(I). The documentation required by this section shall be provided to the excavator through the notification association and must meet or exceed any quality standards established by the commission pursuant to Colorado Revised Statutes section 9-1.5-104.2 (1)(a)(I). In addition to the markings, the owner or operator shall provide for each of its underground facilities:
1. Documentation listing the owner's or operator's name and the size and type of each marked underground facility; and
2. Documentation of the location of the underground facilities in the form of a digital sketch, a hand-drawn sketch, or a photograph that includes a readily identifiable landmark, where practicable.
D. Sewer Laterals: The owner or operator of a sewer system shall provide its best available information when marking the location of sewer laterals in the public right-of-way with clearly identifiable markings. This includes tap measurements and historic records. If the sewer lateral can be electronically located, the sewer system owner or operator shall mark and document the location of the sewer laterals in accordance with Colorado Revised Statutes section 9-1.5-103 (4)(a). If a sewer system owner or operator of a sewer lateral cannot electronically locate the sewer lateral, the excavator shall find the sewer lateral. The marking of customer-owned laterals in the public right-of-way is for informational purposes only, and an owner or operator is not liable to any party for damages or injuries resulting from damage done to customer-owned laterals.
E. On-Site Assistance: If a person is excavating across a preexisting underground facility, the owner of such facility shall, pursuant to a predetermined agreement at the request of the excavator or owner, provide on-site assistance.
F. Gas Standby Process And Compliance With Utilities Gas Line Extension And Service Standards: If a person is excavating across a preexisting natural gas underground facility, the excavator must schedule an appointment for a standby with the owner three (3) days before excavation occurs. An owner or operator of a natural gas underground facility may charge a reasonable fee for standby services associated with excavation near natural gas underground facilities if an excavator misses or is unprepared for a scheduled appointment and a follow-up appointment is necessary. In addition to the above requirements, all excavators excavating in an area where natural gas underground facilities have been identified, must comply with the excavation requirements of Colorado Springs Utilities' Gas Line Extension and Service Standards or the standards of any other operator or owner of natural gas underground facilities.
G. Absence Of Facilities: Any owner or operator receiving notice concerning an excavator's intent to excavate shall use reasonable care to advise the excavator of the absence of any underground facilities in the proposed excavation area by providing positive response documentation to the excavator through the notification association that no underground facilities exist in the proposed excavation area. An owner or operator will, within the time limits specified in subsection C., of this section, provide to the excavator evidence, if any, of the underground facilities abandoned after January 1, 2001, known to the owner or operator to be in the proposed excavation area.
H. Duration Of Markings, Duty To Notify: The markings of underground facilities will be considered valid as long as the markings are clearly visible, but not for more than thirty (30) calendar days following the due date of the locate request. If an excavation has not been completed within the applicable period, the excavator shall notify the notification association at least two (2) business days, not including the day of actual notice, before the end of the applicable period.
I. Non-Destructive Means On Edges: When a person excavates within eighteen inches (18") horizontally from the exterior edges of any marked underground facility, the person shall use non-destructive means of excavation, such as soft digging to identify underground facilities and shall otherwise exercise reasonable care to protect any underground facility in or near the excavation area.
J. Trenchless Excavation: When utilizing trenchless excavation methods, the excavator shall expose underground facilities and visually observe the safe crossing of marked underground facilities at the owner or operator's request.
K. Documentation On Site: The excavator shall maintain adequate and accurate documentation. This includes photographs, video, or sketches and documentation obtained through the notification association, at the excavation site on the location and identification of any underground facility. The excavator shall maintain adequate markings of any underground facility throughout the excavation period.
L. Discovery Of Facilities During Routine Maintenance: If a person performing routine maintenance discovers an underground facility in an area where the routine maintenance is being performed, the person shall notify the notification association and the affected owner or operator as quickly as is practicable and request an immediate verification of the location of any underground facility. Upon receiving notification, the affected owner or operator shall respond as quickly as practicable. The person shall cease routine maintenance activities in the immediate area, as determined by exercising due caution and care, until the location of any underground facilities has been verified. Persons performing routine maintenance shall take reasonable care when disturbing the soil.
M. Emergency Situations: In emergency situations, excavators shall submit a request to the notification association for emergency utility locates. Premarking shall not be a prerequisite to submitting a request for emergency utility locates. Excavators shall be on-site when utility locators arrive to perform utility locates in an emergency situation.
N. Cessation Of Excavation; Lost, Invalid Or Inaccurate Markings: If the documentation or markings maintained pursuant to Colorado Revised Statutes section 9-1.5-103 (4)(a)(1) become lost, invalid or inaccurate, the excavator shall notify the notification association or the affected owner or operator through the notification association and request an immediate re-verification of the location of any underground facility. Upon receipt of the notification, the affected owner or operator shall respond as quickly as is practicable. The excavator shall cease all excavation activities in the vicinity of electric, natural gas, water or wastewater underground facilities at the affected location until the location of any underground facilities has been re-verified.
O. Cessation Of Excavation For Failure To Locate: If documentation and markings requested and needed by an excavator pursuant to Colorado Revised Statutes section 9-1.5-103 (4)(a)(1) are not provided by the owner or operator within two (2) business days, not including the day of actual notice, or such later time as agreed upon by the excavator and the owner or operator, or, if the documentation or markings provided fail to identify the location of the underground facilities, the excavator shall immediately give notice through the notification association or to the owner or operator. Upon receipt of the notification, the affected owner or operator shall respond as quickly as practicable. The excavator shall cease excavation activities until the location of electric, natural gas, water or wastewater underground facilities has been identified by the owner or operator, at which point the excavator may continue excavation activity if the excavator exercises due caution and care to prevent damaging any underground facility.
P. Timing To Request A Locate: No person shall request marking pursuant to Colorado Revised Statutes section 9-1.5-103 (4)(a)(1) unless excavating is scheduled to commence within fifteen (15) days.
Q. Failure To Timely Commence Excavation; Utility Locate Verification Fees: After an owner or operator has provided the requested utility locates, the excavator must commence work within fifteen (15) days of the "locate by" date on the locate ticket created by the notification association. All requests for verification of utility locates and requests for utility locates by the same excavator or for persons working for the same excavation company for the same geographic area for the same project occurring within a ninety (90) day period may be subject to a locate verification fee established by the owner or operator based on the time and materials required to verify the utility locates or two hundred fifty dollars ($250.00), whichever is greater, except for those requests which are necessitated by circumstances not reasonably within the control of the excavator. (Ord. 20-701)