Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 271 - UNDERGROUND FACILITIES DAMAGE PREVENTION (§§ 14-271-101 — 14-271-115) › Section 14-271-110 - Notifying operators of underground facilities - Identification of location

(a)
(1)
Within four (4) working hours after receiving notification from an excavator that intends to excavate or demolish within an area marked in white, the One Call Center shall in turn notify all member operators of underground facilities in the affected area of the proposed activity.
(2)
(A)
(i)
Unless otherwise agreed to in writing between the excavator and the operator or contract locator, within two (2) working days after notification from the One Call Center, starting the working day after the notification of intent to excavate is received, the operator or contract locator shall identify the approximate location of the facilities by field-marking on the surface by paint, dye, stakes, or any other clearly visible marking which designates the horizontal course of the facilities.
(ii)
For the purpose of measuring working days, the working day starts at 7:00 a.m. on each business day.
(B)
If the operator has no facilities in the area, the operator shall so inform the person proposing the activity, either by contacting that person or by leaving such information at the site.
(3)
When an underground facility is being located, the operator shall furnish the excavator information that identifies the approximate center line, approximate or estimated depth, when known, and dimensions of the underground facility.
(4)
(A)
The operator shall provide an electronic positive response to the One Call Center before the expiration of the time provided in subdivision (a)(2)(A) of this section.
(B)
The response required under subdivision (a)(4)(A) of this section shall indicate whether or not and to what extent the operator is able to provide the information required by subdivision (a)(2)(A) of this section to respond to the notice from the excavator.
(5)
(A)
When excavating within the approximate location of an underground facility, the excavator shall uncover the facility using a method approved by the operator.
(B)
Mechanized equipment shall not be used without the express approval of the operator.
(C)
The excavator shall confirm through the One Call Center's electronic positive response system before excavation or demolition that all operators have responded and that all facilities that may be affected by the proposed excavation or demolition have been marked.
(D)
The excavator may begin excavation or demolition before the specified waiting period only if the excavator has confirmed that all operators have responded with an appropriate electronic positive response.
(E)
If the operator declares extraordinary circumstances, the excavator shall not carry out excavation or demolition until after the time and date that the operator has provided in the operator's response.
(6)
(A)
If extraordinary circumstances prevent the operator from marking the location of the facilities within the time specified in this subsection, then the operator shall notify the excavator directly or through the One Call Center.
(B)
If providing the notification under subdivision (a)(6)(A) of this section, the operator shall state the date and time when the location will be marked.
(b)
Subject to §
14-271-112(b)
governing the duration of a locate request, when infrastructure projects are delayed or are lengthy in time and location, the operator and the excavator shall establish and maintain coordination regarding location, marking, and identification of the facilities until all excavation or demolition is completed.
Amended by Act 2023, No. 309,§ 4, eff. 3/16/2023.
Acts 1987, No. 600, § 9; 1995, No. 727, § 6; 2007, No. 41, § 5.