952-001-0090 Delay of Excavation until Response from Facility Operators; Duty of Excavator to Use Reasonable Care; Damage to Facilities (1) An excavator may not begin an excavation that requires notice under these rules until the excavator has received a response from each operator of underground facilities in the area of the proposed excavation, or until at least two full business days have elapsed following the day the excavator notified the Oregon Utility Notification Center. See Call Timeline table below for examples. (2) Notwithstanding section (1) of this rule, if the excavator has agreed to an alternative markings schedule with an operator consistent with OAR 952-001-0070(2), the excavator must allow the operator to mark its facilities consistent with the parties' agreement before beginning an excavation. (3) Once underground facilities have been marked, the excavator must: (a) Maintain marks during the excavation period to ensure that the original marks remain effective for the life of the project or the ticket life, whichever is the shorter period; (b) Stop excavating in the vicinity of the underground facility and notify the Oregon Utility Notification Center to have the route remarked as specified in these rules, if prior to or during the excavation process, the marking or route of any underground facility is removed or no longer visible; and (c) Employ hand tools or other non-invasive methods either to determine the exact location of the underground facility or down to 24 inches beyond the depth of intended excavation within 24 inches of the outside dimensions of a marked underground facility. (4) The excavator must provide such lateral and subjacent support for underground facilities as may be reasonably necessary for the protection of such facilities. (5) When excavating using horizontal directional drilling, the excavator must visually monitor the drill head and back reamer pass through the tolerance zone. (6) If the excavator causes or observes damage to underground facilities, the excavator must notify the operator of the underground facilities immediately. If the damage causes an emergency, or if the damage from excavation activity is to a pipeline and causes the release of any natural gas, other gas, or hazardous liquid from the pipeline, the excavator must promptly report the release to appropriate emergency response authorities by calling the 911 emergency telephone number, and take reasonable steps to ensure the public safety. The excavator must not bury damaged underground facilities without the consent of the operator of the damaged underground facilities. (7) If an excavator discovers underground facilities in an area where the operator of the underground facilities had previously stated there were no underground facilities, prior to continuing excavation the excavator must notify the Oregon Utility Notification Center. After providing notification, the excavator must use extreme care in the affected area. (8) If an excavator is informed that a critical facility, as determined by the operator, is in the area of their excavation and that an operator-provided monitor is required on site during the excavation, the excavator must not begin excavation without that monitor being present or without the facility operator’s consent. The scheduling and fulfillment of this monitoring must in no way interfere with or delay the work. (9) An excavator must not begin an excavation more than 10 business days after providing notice to the Oregon Utility Notification Center of the excavation, or continue excavating at a location following expiration of its ticket life unless the excavator has re-notified the Oregon Utility Notification Center of the excavation as provided in OAR 952-001-0050. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 757.552 Statutes/Other Implemented: ORS 757.552 History: OUNC 1-2018, amend filed 12/26/2018, effective 01/01/2019 OUNC 1-2014, f. & cert. ef. 3-7-14 OUNC 1-1997, f. & cert. ef. 4-17-97