reglab/housing_qa huggingface dataset:
VA Code § 56-265.13:6 (2021)
2021 Code of Virginia|Title 56 - Public Service Companies|Chapter 10.2:1 - Small Water or Sewer Public Utility Act|§ 56-265.13:6. Public hearing on application; prohibition of multiple rate increases within any 12-month period

A. Upon application to the Commission by at least 25 percent of all customers affected by a rate change or by 250 affected customers, whichever number is lesser, or by the small water or sewer utility itself, or by the Commission, upon its own motion, a hearing shall be held after at least 30 days' notice to the small water or sewer utility and to its customers. The Commission may order such improvements or changes in service, measurements, practices, acts, rates, charges, fees, and rules and regulations of such utility as are just and reasonable.When a hearing is ordered, the Commission shall have the authority to suspend such rates, charges, fees, and rules and regulations for no more than 60 days or to declare them to be interim, or both. Interim rates, fees, and charges shall be subject to refund with interest until such time as the Commission has made its final determination in the proceeding. Upon completion of the hearing and decision, the Commission may order such public utility to refund, with interest at a rate set by the Commission, the portion of such rates, charges, or fees found not justified by its decision.B. A small water or sewer utility shall not implement an increase in the utility's rates or charges more than once within any 12-month period. This limitation shall not prohibit applications for increases in rates or charges pursuant to § 56-245.C. If the change in rates, fees, and charges results in an increase of 50 percent or greater of the small water or sewer utility's annual revenues, the small water or sewer utility shall file the financial data required by the Commission's rules under this chapter simultaneously with providing notice of such change as prescribed by subsection B of § 56-265.13:5, and, if a hearing is ordered, the Commission shall expedite the hearing on the change in rates, fees, and charges. The Commission shall also direct that the funds produced by the increase in rates, fees, and charges shall be held in escrow by the small water or sewer utility until the Commission has rendered its decision, at which time the funds held in escrow shall either be released to the small water or sewer utility or refunded to its customers. The Commission may, however, allow the funds held in escrow to be used as necessary to comply with environmental or health laws or regulations or to allow the small water or sewer utility to provide adequate service to its customers.1986, c. 323; 1990, cc. 410, 431; 1994, c. 313; 1996, c. 15; 2003, c. 385.
VA Code § 56-265.13:6.1 (2021)
2021 Code of Virginia|Title 56 - Public Service Companies|Chapter 10.2:1 - Small Water or Sewer Public Utility Act|§ 56-265.13:6.1. Appointment of receiver; penalty

A. The Commission may, either upon petition of two-thirds of the affected customers or upon petition of its staff or upon a petition of the Board of Health, appoint a receiver to operate a small water or sewer utility which is unable or unwilling to provide adequate service to its customers. The utility shall be deemed to be unable or unwilling to provide adequate service if the Commission finds, after notice to the utility and the Department of Health and hearing, that:1. The utility has failed to supply water or sewer service to a majority of the consumers for five days or more during the preceding three months for reasons within the control of the water and sewer utility; or2. The Department of Health has certified that the utility has not met Department standards regarding the provision of an adequate quality and quantity of public drinking water and the Department of Health has found that the utility is unwilling to take action to meet these standards; or3. The utility is grossly mismanaged; or4. The utility has failed to comply with an order of the Commission to provide adequate service to the customers.Upon appointment, the receiver shall take possession of the assets of the utility and operate them in the best interests of the customers. Control of and responsibility for the utility shall remain in the receiver until the utility can, in the best interests of customers, be returned to the original owners, transferred to new owners, or liquidated, whichever the Commission may determine to be in the public interest.B. The provisions of §§ 8.01-583 through 8.01-590 shall apply mutatis mutandis. The receiver shall be empowered to make application to the Commission for temporary and permanent rate increases and changes in the utility's rules and regulations.C. If the Commission determines that the utility's actions that caused it to be placed under the control and responsibility of the receiver, under this section, were due to intentional misappropriation or wrongful diversion of the assets or income of such utility or to other willful misconduct by any director, officer, or manager of the utility, it may require such director, officer, or manager to make restitution to the utility. In addition to the foregoing, any such director, officer, manager, or affiliate that commits such misappropriation or wrongful diversion or fails, neglects, or refuses to obey an order, rule, direction, or requirement of the Commission to make restitution to the utility shall be subject to a civil penalty of no more than $500 for each offense, and each day of such conduct shall constitute a separate offense.1994, c. 311.
VA Code § 56-265.13:7 (2021)
2021 Code of Virginia|Title 56 - Public Service Companies|Chapter 10.2:1 - Small Water or Sewer Public Utility Act|§ 56-265.13:7. Regulation by State Corporation Commission

A. Every small water or sewer utility subject to this chapter shall be subject only to the following provisions: §§ 56-234.4, 56-236, 56-239, 56-245, 56-245.1, 56-246, 56-247.1 through 56-248, 56-249 through 56-249.2, 56-250, 56-254, 56-256 through 56-265, and Chapters 1 (§ 56-1 et seq.), 2 (§ 56-49 et seq.), 5 (§ 56-88 et seq.) and 10.1 (§ 56-265.1 et seq.) of Title 56. Small water or sewer utilities shall not be subject to Chapters 3 (§ 56-55 et seq.) and 4 (§ 56-76 et seq.) of Title 56.B. The Commission is authorized to promulgate any rules necessary to implement this chapter.1986, c. 323; 1992, c. 376; 1994, c. 313; 1996, c. 48.
VA Code § 56-265.14 (2021)
2021 Code of Virginia|Title 56 - Public Service Companies|Chapter 10.3 - Underground Utility Damage Prevention Act|§ 56-265.14. Short title

This chapter may be cited as the "Underground Utility Damage Prevention Act."1979, c. 291.
VA Code § 56-265.15:1 (2021)
2021 Code of Virginia|Title 56 - Public Service Companies|Chapter 10.3 - Underground Utility Damage Prevention Act|§ 56-265.15:1. (Effective until October 1, 2021) Exemptions; routine maintenance

Nothing in this chapter shall apply to:1. Any hand digging performed by an owner or occupant of a property.2. The tilling of soil for agricultural purposes.3. Any excavation done by a railroad when the excavation is made entirely on the land which the railroad owns and on which the railroad operates, provided there is no encroachment on any operator's rights-of-way or easements.4. An excavation or demolition during an emergency, as defined in § 56-265.15, provided all reasonable precaution has been taken to protect the underground utility lines.In the case of the state highway systems or streets and roads maintained by political subdivisions, officials of the Department of Transportation or the political subdivision where the use of such highways, roads, streets or other public way is impaired by an unforeseen occurrence shall determine the necessity of repair beginning immediately after the occurrence.5. Any excavation for routine pavement maintenance, including patch type paving or the milling of pavement surfaces, upon the paved portion of any street, road, or highway of the Commonwealth provided that any such excavation does not exceed a depth of twelve inches (0.3 meter).6. Any excavation for the purpose of mining pursuant to and in accordance with the requirements of a permit issued by the Department of Mines, Minerals and Energy.7. Any hand digging performed by an operator to locate the operator's utility lines in response to a notice of excavation from the notification center, provided all reasonable precaution has been taken to protect the underground utility lines.8. Any installation of a sign that does not involve excavation as defined in § 56-265.15.1994, c. 890; 1996, c. 79; 2002, c. 841; 2010, cc. 777, 832; 2021, Sp. Sess. I, c. 532.
VA Code § 56-265.15:1 (2021)
2021 Code of Virginia|Title 56 - Public Service Companies|Chapter 10.3 - Underground Utility Damage Prevention Act|§ 56-265.15:1. (Effective October 1, 2021) Exemptions; routine maintenance

Nothing in this chapter shall apply to:1. Any hand digging performed by an owner or occupant of a property.2. The tilling of soil for agricultural purposes.3. Any excavation done by a railroad when the excavation is made entirely on the land which the railroad owns and on which the railroad operates, provided there is no encroachment on any operator's rights-of-way or easements.4. An excavation or demolition during an emergency, as defined in § 56-265.15, provided all reasonable precaution has been taken to protect the underground utility lines.In the case of the state highway systems or streets and roads maintained by political subdivisions, officials of the Department of Transportation or the political subdivision where the use of such highways, roads, streets or other public way is impaired by an unforeseen occurrence shall determine the necessity of repair beginning immediately after the occurrence.5. Any excavation for routine pavement maintenance, including patch type paving or the milling of pavement surfaces, upon the paved portion of any street, road, or highway of the Commonwealth provided that any such excavation does not exceed a depth of twelve inches (0.3 meter).6. Any excavation for the purpose of mining pursuant to and in accordance with the requirements of a permit issued by the Department of Mines, Minerals and Energy.7. Any hand digging performed by an operator to locate the operator's utility lines in response to a notice of excavation from the notification center, provided all reasonable precaution has been taken to protect the underground utility lines.8. Any installation of a sign that does not involve excavation as defined in § 56-265.15.1994, c. 890; 1996, c. 79; 2002, c. 841; 2010, cc. 777, 832; 2021, Sp. Sess. I, c. 532.
VA Code § 56-265.16:1 (2021)
2021 Code of Virginia|Title 56 - Public Service Companies|Chapter 10.3 - Underground Utility Damage Prevention Act|§ 56-265.16:1. Operators to join notification centers; certification

A. Every operator, including counties, cities and towns, but excluding the Department of Transportation, having the right to bury underground utility lines shall join the notification center for the area.B. Every notification center shall be certified by the Commission. The Commission shall determine the optimum number of notification centers in the Commonwealth. If the Commission determines that there shall be more than one notification center in the Commonwealth, it shall define the geographic area to be served by each notification center.C. Any corporation desiring to serve as the notification center for an area of the Commonwealth may apply to the Commission to be certified as the notification center for that area. The Commission shall have authority to grant, amend, or revoke certificates under regulations promulgated relating to certification. An application for certification shall include such information as the Commission may reasonably require addressing the applicant's operational plan for the notification center.D. Every Commission action regarding the optimum number of notification centers, the geographic area to be served by each notification center, the promulgation of notification center certification regulations, and the grant, amendment, or revocation of notification center certifications shall be made in furtherance of the purpose of preventing or mitigating loss of, or damage to, life, health, property or essential public services resulting from damage to underground utility lines. Any action by the Commission to approve or revoke any notification center certification shall:1. Ensure protection for the public from the hazards that this chapter is intended to prevent or mitigate;2. Ensure that all persons served by the notification center receive an acceptable level of performance, which level shall be maintained throughout the period of the notification center's certification; and3. Require the notification center and its agents to demonstrate financial responsibility for any damages that may result from their violation of any provision of this chapter. Such requirement may be met by purchasing and maintaining liability insurance on such terms and in such amount as the Commission deems appropriate.E. A notification center shall maintain an excavator-operator information exchange system in accordance with notification center certification regulations promulgated by the Commission. The members of a notification center shall be responsible for developing and implementing a public awareness program to ensure that all parties affected by this chapter shall be aware of their responsibilities. There shall be only one notification center certified for each geographic area defined by the Commission.1989, c. 448; 1992, c. 192; 1994, c. 890; 2001, c. 399.
VA Code § 56-265.17:1 (2021)
2021 Code of Virginia|Title 56 - Public Service Companies|Chapter 10.3 - Underground Utility Damage Prevention Act|§ 56-265.17:1. Notification and procedures for designers

A. Each designer, who prepares drawings and plans for projects requiring excavation or demolition work, may notify the notification center and provide the center with the information required by § 56-265.18 and the designer's professional license number.B. If a designer notifies the notification center to receive underground utility line information in accordance with § 56-265.17:3, the designer shall:1. Indicate on the construction drawings, the type of underground utility lines, the horizontal location of these lines as provided by the operators, and the names of the operators of these lines;2. Consider, when designing a project and preparing drawings therefor, the location of existing underground lines so as to minimize damage or interference with the existing facilities;3. Indicate, on the construction plans or drawings, the designer ticket number and the notification center's toll-free number; and4. Request only one designer ticket per project through the notification center at no cost.2002, c. 841.
VA Code § 56-265.17:2 (2021)
2021 Code of Virginia|Title 56 - Public Service Companies|Chapter 10.3 - Underground Utility Damage Prevention Act|§ 56-265.17:2. Procedures for project owners

The project owner shall provide copies of those portions of the drawings that affect the respective operator with underground utility lines in the project area who have responded in accordance with § 56-265.17:3.2002, c. 841.
VA Code § 56-265.17:3 (2021)
2021 Code of Virginia|Title 56 - Public Service Companies|Chapter 10.3 - Underground Utility Damage Prevention Act|§ 56-265.17:3. Procedures for operators in response to a designer notice

An operator, upon notification by a designer in accordance with § 56-265.17:1, shall:1. Respond to the designer's request for underground utility line information within fifteen working days in accordance with subdivisions 2, 3, and 4 of this section;2. Provide designers with the operator's name, the type of underground utility line, and the approximate horizontal location of the utility line. The foregoing information may be provided to the designer through the means that include, but are not limited to, field locates, maps, surveys, installation records or other means. If the designer requests field locates, the operator shall provide field locates in accordance with the accuracy set forth in subsection A of § 56-265.19. Marking shall be done by both paint and flags whenever possible;3. Provide such information about the location of the utility lines to designers for informational purposes only. Operators will not be liable for any incorrect information provided or for the subsequent use of this information, nor will they be subject to civil penalties for the accuracy of the information or marks provided. Any concerns about the accuracy of information or marks should be directed to the appropriate operator; and4. Respond to the operator-excavator information exchange system by no later than 7:00 a.m. on the sixteenth working day following the designer's notice to the notification center.2002, c. 841.
VA Code § 56-265.18 (2021)
2021 Code of Virginia|Title 56 - Public Service Companies|Chapter 10.3 - Underground Utility Damage Prevention Act|§ 56-265.18. Notification requirements

Every notice served by any person on a notification center shall contain the following information:1. The name of the individual serving such notice.2. The specific location of the proposed work. In the event a specific description of the location of the excavation cannot be given, the person proposing to excavate or demolish shall comply with subsection E of § 56-265.17.3. The name, address, telephone number, and telefacsimile number if available, of the excavator or demolisher, to whom notification can be given.4. The excavator's or demolisher's field telephone number, if one is available.5. The type and extent of the proposed work.6. The name of the person for whom the proposed work is being performed.1979, c. 291; 1980, c. 696; 1989, c. 448; 1994, c. 890; 2002, c. 841.
VA Code § 56-265.20:1 (2021)
2021 Code of Virginia|Title 56 - Public Service Companies|Chapter 10.3 - Underground Utility Damage Prevention Act|§ 56-265.20:1. Locating nonmetallic underground utility lines

Notwithstanding the provisions of § 56-257.1, any plastic or other nonmetallic utility lines installed underground on and after July 1, 2002, shall be installed in such a manner as to be locatable by the operator for the purposes of this chapter.2002, c. 841.
VA Code § 56-265.21 (2021)
2021 Code of Virginia|Title 56 - Public Service Companies|Chapter 10.3 - Underground Utility Damage Prevention Act|§ 56-265.21. Marking by color

In marking the approximate location of underground utility lines or proposed excavation if required pursuant to subsection E of § 56-265.17 the American Public Works Association color codes shall be used.1979, c. 291; 1994, c. 890; 2002, c. 841.
VA Code § 56-265.22 (2021)
2021 Code of Virginia|Title 56 - Public Service Companies|Chapter 10.3 - Underground Utility Damage Prevention Act|§ 56-265.22. Duties of notification center upon notification by person intending to excavate; record of notification made by telephone required

A. The notification center shall, upon receiving notice by a person, notify all member operators whose underground lines are located in the area of the proposed project, excavation or demolition. The notification center shall also indicate the names of those operators being notified to the person providing notice.B. If the notification required by this chapter is made by telephone, a record of such notification shall be maintained by the operators or notification center notified to document compliance with the requirements of this chapter, and such records shall be maintained in compliance with the applicable statute of limitations.C. The notification center shall notify excavators, within the time frame allowed by the law to mark underground utility lines, of any responses placed on the excavator-operator information exchange system by a locator. Such notification shall occur by facsimile or other mutually acceptable means of automatically transmitting and receiving this information.If the excavator cannot provide the notification center with a facsimile number or other mutually acceptable means of automatically transmitting and receiving this information, it shall be the excavator's responsibility to contact the excavator-operator information exchange system after the period allowed by law to mark underground facilities and prior to commencing excavation in order to determine if any responses to the notice have been recorded.1979, c. 291; 1994, c. 890; 2002, c. 841.
VA Code § 56-265.22:1 (2021)
2021 Code of Virginia|Title 56 - Public Service Companies|Chapter 10.3 - Underground Utility Damage Prevention Act|§ 56-265.22:1. Meetings between excavators and operators

A. Any person planning excavation or demolition in such proximity to the underground utility lines that the utility lines may be destroyed, damaged, dislocated, or disturbed may request a meeting with the operator whose underground utility lines are located in the area of the proposed excavation or demolition to discuss the marking of such lines. The project requiring excavation shall be of sufficient complexity to require a pre-marking meeting. The meeting notice shall include all information required by § 56-265.18 and a specific time and location for the meeting.B. The notification center shall, upon receiving a meeting notice, notify all member operators whose underground utility lines are located in the area of the proposed excavation or demolition. The notification center shall provide to the excavator the names of those operators being notified of the meeting.C. The operators notified by the notification center shall meet with the excavator by 7:00 a.m. on the third working day following the excavator's meeting notice. If an operator does not agree to the excavator's suggested time and location, the operator shall set up a mutually agreeable time and location to meet no later than 7:00 a.m. on the third working day following the meeting notice.D. The excavator's meeting notice shall not be the notice to excavate required under § 56-265.17. The notice to excavate required under § 56-265.17 for the project shall not be submitted to the notification center until after the meeting referenced in subsection A of this section has occurred, or after 7:00 a.m. on the third working day following the meeting notice.2002, c. 841.
VA Code § 56-265.23 (2021)
2021 Code of Virginia|Title 56 - Public Service Companies|Chapter 10.3 - Underground Utility Damage Prevention Act|§ 56-265.23. Exemption for roadway maintenance operations by the Virginia Department of Transportation and certain counties, cities, and towns

Employees of the Virginia Department of Transportation acting within the scope of their employment, and certain employees of those counties, cities, and towns which maintain their streets or roads in accordance with § 33.2-319 or § 33.2-366 performing street or roadway maintenance operations and acting within the scope of their employment, excavating entirely within the right-of-way of a public road, street or highway of the Commonwealth shall not be required to comply with the provisions of this chapter if reasonable care is taken to protect the utility lines placed in the right-of-way by permit and if they:1. Excavate within the limits of the original excavation; on the traveled way, shoulders or drainage features of a public road, street, or highway and any excavation does not exceed eighteen inches (0.45 meter) in depth below the grade existing prior to such excavation; or2. Are replacing previously existing structures in their previous locations.1979, c. 291; 1994, c. 890.