Provided, a public agency contractor, prior to engaging in routine maintenance, shall take reasonable steps to determine the location of underground facilities in or near the proposed area of work. Any new underground facilities installed on and after September 1, 1992, shall contain materials capable of being detected so that the facilities can be accurately located. Nov. 1, 1986; Laws 2003, c. 362, § 8, eff. Added by Laws 1981, c. 94, § 5, eff. Sept. 1, 1992. Laws 2017, HB 1376 eff. Jan. 1, 1982. Upon receiving notice of such damage, the operator shall promptly dispatch personnel to the location to effect temporary or permanent repairs. Please be patient and allow extra time to have lines located and marked and do not dig until it is safe. Upon receiving notice of such damage, the operator shall promptly dispatch personnel to the location to effect temporary or permanent repairs. A. Click the button below to submit a locate request. Enforcement authority – Corporation Commission. All operators of underground facilities shall participate in the statewide one-call notification center and shall have on file with the notification center a notice that such operator has underground facilities, the county or counties where such facilities are located, and the address and telephone number of the person or persons from whom information about such underground facilities may be obtained. Amended by Laws 2003, c. 362, § 7, eff. For the purpose of this act, the approximate location of the underground facilities shall be defined as a strip of land two (2) feet on either side of such underground facilities. !! C. Except for public agencies, any excavator who by willful act or by reckless disregard of the rights of others, repeatedly violates the provisions of the Oklahoma Underground Facilities Damage Prevention Act and repeatedly damages underground facilities, thereby threatening the public health, safety, and welfare, may be enjoined by a court of competent jurisdiction from further excavation. Nov. 1, 2016. of Title 63 of the Oklahoma Statutes, over excavation or demolition on or near or directly over the location of, and notice of damage to, oil and natural gas physical facilities which are described by the currently effective definition of "pipeline" in 49 CFR Part 192.3 and "pipeline" and "pipeline system" in 49 CFR Part 195.2. The name, address and telephone number of the excavator or excavator'scompany;4. §63-142.9. C.  The notification center shall maintain a current list of all operators on file pursuant to this act and shall make copies of such list available upon payment of the appropriate fees. Jan. 1, 1982. §63-142.3. For the purpose of this act, the approximate location of the underground facilities shall be defined as a strip of land two (2) feet on either side of such underground facilities. any individual excavating on his or her own property and who is not in the excavating business for hire, except in a private or public easement or right-of way. A. Others may participate as nonmembers on terms and conditions as the members deem appropriate. Nov. 1, 2003. Others may participate as nonmembers on terms and conditions as the members deem appropriate. All operators of underground facilities within the area of the emergency must be notified promptly when an emergency requires excavation prior to the location of the underground facilities being marked, Board of Directors and Operating Committee, Member Portal Ticket Search by Code Tutorial, Member Portal Ticket Report Linked Codes Tutorial, Member Portal Ticket Counts by Ticket Type Tutorial. The law requires the excavator or anyone working for the excavator to give notice no more than 10 days nor less than 48 hours, excluding Saturday, Sunday and legal holidays before excavation/digging is set to begin. Repealed by Laws 2016, c. 151, § 3, eff. Upon the initial filing of a notice or statement and annually thereafter, a fee shall be collected in a manner as provided for in Section 142.10 of this title. When any damage occurs to an underground facility or its protective covering, the operator thereof shall be notified immediately by any person who caused the damage. Edwards v. People of State of California, 314 U.S. 160 (1941), was a landmark United States Supreme Court case where a California law prohibiting the bringing of a non-resident "indigent person" into the state was struck down as unconstitutional.. §63-142.9a. §63-142.6. Amended by Laws 2003, c. 362, §4, eff. Added by Laws 2014, c. 243, § 1, emerg. The law was later declared unconstitutional, but the bias remained. C. All operators who have underground facilities within the defined geographical boundary of the notification center shall be afforded the opportunity to become a member of the notification center on the same terms as the original members. Filing of notice - Participation by municipality in statewide one-call notification center. work by a public agency or its contractors on a preengineered project, nore. Damage to underground facilities – Liability - Injunction. Statewide notification center. "Damage" means any impact upon or removal of support from an underground facility as a result of explosion, excavation or demolition which according to the operating practices of the operator of the underground facilities would necessitate the repair thereof; "Demolish" means to wreck, raze, render, move or remove a structure by means of any equipment or explosive; "Demolition" means the act or operation of demolishing a structure; "Excavate" means to dig, compress or remove earth, rock or other materials in or on the ground by use of mechanized equipment or blasting, including, but not necessarily limited to, augering, boring, backfilling, drilling, grading, pile driving, plowing in, pulling in, trenching, tunneling and plowing; provided, however, that neither: the moving of earth by tools manipulated only by human or animal power, except in a private or public easement or right-of-way, nor, any form of cultivation for agricultural purposes, nor any augering, dozing by noncommercial dozer operators or digging for postholes, farm ponds, land clearing or other normal agricultural purposes, nor, work by a public agency or its contractors on a preengineered project, nor, the opening of a grave in a cemetery, nor, a solid waste disposal site which is a preengineered project, nor. eff. Each operator served with notice in accordance with subsection A of this section either directly or by notice to the notification center shall, prior to the date and time work is scheduled to begin, unless otherwise agreed to between the excavator and operator, locate and mark or otherwise provide the approximate location of the underground facilities of the operator in a manner as to enable the excavator to employ hand-dug test holes to determine the precise location of the underground facilities in advance of excavation. B. Added by Laws 1981, c. 94, § 11, eff. A. Added by Laws 1981, c. 94, § 3, eff. LINE LOCATING MAY TAKE LONGER THAN USUAL !! Nov. 1, 2017. Jan. 1, 1982. §63-142.5. Jan. 1, 1982. Repealed by Laws 2016, c. 151, § 3, eff. Reasonable steps may include utilization of the statewide one-call notification center procedures as provided for in Section 142.6 of this title. Nov. 1, 2003. Amended by Laws 1995, c. 344, § 27, eff. D.  A suitable record shall be maintained by the notification center to document the receipt of the notices from excavators as required by this act. Failure to pay such fee on or before February 1 of such year shall result in the filing being void and the notification center shall remove such operator from the list of operators having underground facilities in the county. of Title 63 of the Oklahoma Statutes, over excavation or demolition on or near or directly over the location of, and notice of damage to, oil and natural gas physical facilities which are described by the currently effective definition of "pipeline" in 49 CFR Part 192.3 and "pipeline" and "pipeline system" in 49 CFR Part 195.2. A. When an excavator has knowledge that an operator does not have underground facilities within the area of the proposed excavation, the excavator need not notify the operator of the proposed excavation. No excavator shall demolish a structure, discharge an explosive or commence to excavate in a highway, street, alley or other public ground or way, a private easement, or on or near the location of the facilities of an operator without first complying with the requirements of the Underground Facilities Damage Prevention Act and the Oklahoma Explosives and Blasting Regulation Act.