NY Gen Bus L § 760 (2021)
2021 New York Laws GBS - General Business Article 36 - Protection of Underground Facilities 760 - Definitions.

§  760.  Definitions.  When  used in this article, the following terms   shall have the following meanings.1. "Person" means any individual, firm,  corporation,  association  or   partnership,   cooperative   association,  joint  venture,  joint  stock   association, business  trust,  their  lessees,  trustees  or  receivers,   governmental unit or public authority whether or not incorporated.2.  "Excavation"  means  an  operation  for the purpose of movement or   removal of earth, rock or other materials in or on the ground by use  of   mechanized  equipment  or  by blasting, and includes, but is not limited   to, auguring, backfilling, drilling, grading, plowing  in,  pulling  in,   trenching  and  tunneling; provided, however, that the movement of earth   by tools manipulated only by human or animal power and  the  tilling  of   soil for agricultural purposes shall not be deemed excavation.3.  "Demolition"  means  the  wrecking,  razing,  rending,  moving  or   removing of any structure.4. "Underground facilities" means pipelines, conduits, ducts,  cables,   wires,  manholes,  vaults or other such facilities or their attachments,   which have been installed underground by an operator to provide services   or materials. Such term shall not include oil  and  gas  production  and   gathering  pipeline  systems  used  primarily  to  collect  oil  or  gas   production from wells.5. "Excavator" means a person who is engaged in a  trade  or  business   which  includes  the carrying out of excavation or demolition; provided,   however, that an individual employed by  an  excavator,  and  having  no   supervisory  authority,  other  than the routine direction of employees,   over an excavation or demolition, shall not be deemed an  excavator  for   the purposes of this article. In construing and enforcing the provisions   of  this  article,  the  act  of  any employee or agent of any excavator   acting within the scope of his or  her  official  duties  or  employment   shall be deemed to be the act of such excavator.6.  "Operator"  means a person who operates an underground facility or   facilities to furnish  any  of  the  following  services  or  materials:   electricity,  gases,  steam,  liquid  petroleum  products,  telephone or   telegraph communications,  cable  television,  sewage  removal,  traffic   control systems, or water.7.  "Damage"  means  an  impact  upon  or  removal  of support from an   underground facility  consequent  to  excavation  or  demolition  which,   according  to the operating practices of the operator, would necessitate   repair of such facility, destruction of any underground facility or  its   protective  coating, housing or other protective device, and impact with   or severance of an underground facility.8. "One-call notification system" means an  organization  among  whose   purposes  is  establishing  and  carrying out procedures and programs to   protect  underground  facilities  from  damage  due  to  excavation  and   demolition including, but not limited to, receiving notices of intent to   perform  excavation  and demolition, and transmitting the notices to one   or more of  its  member  operators  of  underground  facilities  in  the   specified area.9. "Local government" means a county, town, city or village.