As used in this chapter:
(a) “Blasting” means the use of an explosive to excavate.
(b) “Contractor” means any person, including a subcontractor, who contracts with an operator or the owner of public or private property, for the purpose of engaging in excavation, demolition, or blasting.
(c) “Demolition” means the razing of any structure above the existing grade, or the demolition of any structure below the existing grade.
(d) “Emergency” means any condition which may cause an interruption of essential services resulting from the destruction of, disruption of, or damage to underground utility lines. (Emergency is classified as less severe than hazardous).
(e) “Excavate” or “excavation” means any operation in which earth, rock, or other material in the grounds is moved, removed, or otherwise displaced by means of any tools, equipment, or explosives and includes, without limitation, grading, trenching, digging, ditching, dredging, drilling, auguring, tunnelling, scraping, cable or pipe plowing and riving, wrecking, razing, rendering, moving, or removing any structure or mass of material, but not including the tilling of the soil for agricultural purposes.
(f) “Hazardous” means any condition which may cause an interruption of essential services and, in addition, may result in death or injury to persons or property due to destruction of, disruption of, or damage to underground utility lines. (Hazardous is classified as more severe than emergency).
(g) “Mechanized equipment” means powered equipment used to excavate, and includes equipment used for plowing-in or pulling-in cable or pipe.
(h) “Notify, notice or notification” means the completed delivery of information to the person to be notified and the receipt of same by such person to be notified within the time limits prescribed in this chapter. When the person to be notified is an operator, the notification shall be made to the notification center pursuant to Sections 56-265.16:1 and 56-265.17, of the Code of Virginia of 1950, as amended, and, when the notification is to be made by an operator in response to a notification it has received, such notification shall be made to the same person who notified the notification center. Notification may be either orally or in writing, with written notification center. Notification may be either orally or in writing, with written notification to be made by hand delivery, telegram, facsimile, United States mail or by United States certified mail, return receipt requested. Notice given orally should be recorded and made part of the permanent record at the notification center.
(i) “Notification center” means any organization among whose purpose is the dissemination to one or more operators of the notification of planned construction activities in a special area. For the purpose of this chapter, Miss Utility (Telephone 800-257-7777) and/or the current holder of the one call State Certification Center, shall be considered to be the notification center.
(j) “Operator” means any person who furnishes or transports any of the following materials or services by means of a utility line:
(1) Flammable, natural, toxic or corrosive gas;
(2) Petroleum, petroleum products and hazardous liquids;
(3) Electricity;
(4) Sanitary sewer;
(5) Communications;
(6) Water; or
(7) Cable television.
(k) “Person” means any individual, partnership, association, corporation, state, subdivision or instrumentality of a state, or the legal representative thereof.
(l) “Property owner” means any person who owns fee title to or leases a given area of land, excluding, however, any recorded easement or right of way.
(m) “Surface replacement” means the routine maintenance or limited replacement of sidewalks, curbs and gutters, and similar structures, including patch-type road paving and street repairs.
(n) “Utility line” means any underground conduit and its related facilities including pipe or cable, by which an operator furnishes or transports material or services.
(o) “White lining” means the designation of the proposed limits of excavation or demolition with white paint by the contractor.
(p) “Working days” means Monday through Friday, excluding, however, any public and legal holidays.
(Ord. 91-04. Passed 3-5-91.)