26 DE Code § 803. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 8. Underground Utility Damage Prevention and Safety|Subchapter I. Underground Utility Damage Prevention and Safety Act|§ 803. Duties of operator.

§ 803. Duties of operator. It shall be duty of each operator:  (1) To participate in the approved notification center. (2) To give written notice to such approved notification center which shall state:  a. The name of the operator; b. The location of the operator's lines; and c. The operator's office address (street, number and political subdivision) and the telephone numbers to which inquiries may be directed as to the location of such lines. (3) To give like written notice within 5 working days after any of the matters stated in the last previous notice shall have changed. (4) To respond to requests from an excavator or operator who identifies the site of excavation or demolition, or proposed excavation or demolition, for information as to the approximate location and type of the operator's utility lines in the area, not more than 2 working days after receipt of such requests. (5) To inform excavators or operators who identify the site of excavation or demolition, or proposed excavation or demolition, not more than 2 working days after receipt of a request therefor, of the following:  a. If it is determined by an operator that a proposed excavation or demolition is planned within 5 feet of a utility line as measured in the horizontal plane and that the utility line may be damaged, the operator shall notify the person who proposes to excavate or demolish and shall physically mark the horizontal location of the utility line within 18 inches of the utility line on the ground by means of stakes, paint or other suitable means within 2 working days after the request. The operator shall also notify the person who proposes to excavate or demolish as to the size of the utility line, the type of temporary marking provided and how to identify the markings. In the case of extraordinary circumstances, if the operator cannot mark the location within 2 working days, the operator shall, upon making such determination, notify the person who proposes to excavate or demolish and shall, in addition, notify the person of the date and time when the location will be marked; b. The cooperative steps which the operator may take, either at or off the excavation or demolition site, to assist in avoiding damage to its lines; c. Suggestions for procedures that might be followed in avoiding such damage; d. If the operator has no utility line within 5 feet of the proposed excavation or demolition as measured in the horizontal plane and if a proposed excavation or demolition by blasting is not planned in such proximity to the operator's utility lines that the utility lines may be damaged, the operator shall advise the person who proposes to excavate or demolish that marking is unnecessary and that the person may therefore begin the excavation or demolition; e. In marking the approximate location of utility lines, the operator shall follow the color coding described herein:  Electric power distribution and transmission — Safety red Municipal electric systems — Safety red Gas distribution and transmission — High visibility safety yellow Oil and petroleum products distribution and transmission — High visibility safety yellow Dangerous materials, product lines, steam lines — High visibility safety yellow Telephone and telegraph systems — Safety alert orange Police and fire communications — Safety alert orange Cable television — Safety alert orange Water systems — Safety precaution blue Slurry systems — Safety precaution blue Sewer systems — Safety green. (6) To respond to requests from designers who identify the site of excavation or demolition, for information as to the approximate location and type of the operator's utility lines in the area within 15 working days of receipt of a request therefor. (7) To inform designers who identify the site of excavation or demolition, or proposed excavation or demolition, not more than 15 working days after receipt of a request therefor of the information set forth at paragraph (5) of this section. (8) Upon receipt of a request pursuant to paragraphs (4), (5), (6) and/or (7) of this section to assign such request an identifying number (which may be the same as the number assigned by the approved notification center in accordance with § 807(b)(5) of this title), inform the requestor of such number and maintain a record showing the name, address and telephone number of the requestor, the site to which the request pertains and the identifying number assigned to the request. (9) Except as provided in paragraph (10) of this section, all operators shall provide notification to the Public Service Commission within 15 working days, or as soon as practicable thereafter if notification cannot be provided within 15 days, of any facilities damage caused by excavation which results in damage as defined in § 802(2)c. of this title exceeding $3,000. Notification shall not be required for facilities damage to abandoned lines. The Public Service Commission may notify the Attorney General's office of such damage. (10) All underground pipeline facility operators shall provide notification to the Public Service Commission as soon as practicable of any facilities damage caused by excavation which results in damage as defined in § 802(2) of this title to gas distribution and transmission lines, oil and petroleum products distribution and transmission lines, or dangerous materials, product lines or steam lines.62 Del. Laws, c. 148, §  2;  69 Del. Laws, c. 455, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 405, § 1;