Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 6-83-3 - Definitions

Current through June, 2024
In addition to the definitions contained in chapter
					 269E, HRS, the following definitions
					 shall apply:
"APWA color code" means the American Public Works
					 Association color code for marking subsurface facilities.
"Commission" means the Hawaii public utilities
					 commission.
"Committee" means the one call advisory committee, as
					 established in section
					 269E-4,
					 HRS.
"Complainant" means any party authorized by chapter
					 269E, HRS, to file a formal or
					 informal complaint against any excavator or facility operator for violation of
					 chapter
					 269E, HRS, these rules, or any order
					 of the commission.
"Confidential" or "proprietary" means any and all
					 information whether commercial or technical in nature relating to a facility
					 operator's business, including without limitation, know-how, data, processes,
					 designs, photographs, drawings, specifications, software programs, and samples,
					 which is marked with an indicator such as "confidential" or
					 "proprietary".
"Emergency" means a sudden, unexpected occurrence involving
					 a clear and imminent danger, demanding immediate action to prevent or mitigate
					 loss of or damage to life, health, property, or essential public services, as
					 defined in section
					 269E-2, HRS.
"Excavator mark" or "premark" means the marks made by an
					 excavator using white spray chalk or other suitable marking that indicates the
					 perimeter of the proposed or continuing excavation.
"Formal complaint" means a written document filed by a
					 complainant with the commission initiating the process described in sections
					 6-61-67 through
					 6-61-71, HAR, by which a complaint
					 against an excavator or facility operator may be formally pursued.
"Hand-digging" means any excavation involving
					 non-mechanized tools or equipment and includes, but is not limited to digging
					 with shovels, picks, manual post hole diggers, and vacuum excavation.
"HAR" means the Hawaii Administrative Rules.
"HRS" means the Hawaii Revised Statutes.
"Informal complaint" means a written document filed by a
					 complainant with the commission initiating the process described in section
					 6-61-66, HAR, by which a complaint
					 against an excavator or facility operator may be informally pursued.
"Inquiry identification number" or "inquiry number" means
					 the number issued by the one call center to every excavator who contacts the
					 center for the purpose of notification of intent to excavate, as defined under
					 chapter
					 269E, HRS.
"Locate request" means a communication between an excavator
					 and one call center personnel in which a request for locating underground
					 facilities is processed.
"Marking" means the use of stakes, paint, or other clearly
					 identifiable materials to show the field location of underground facilities, in
					 accordance with the current color code standard of the American Public Works
					 Association. Markings shall include identification letters indicating the
					 specific type of the underground facility.
"Party" means each person or agency named or admitted as a
					 party, or properly seeking and entitled as of right to be admitted as a party,
					 in any court or agency proceeding.
"Positive response" means the process whereby a facility
					 operator:
(1) notifies the center within the time period set by
					 statute or rule, that it has marked, flagged, staked, or indicated by any
					 acceptable method available to the operator under section
					 269E-9,
					 HRS, the approximate location of its subsurface installation in the area of a
					 dig site; and
(2) the center then promptly makes available to the
					 excavator the action taken by the facility operator.
"Respondent" means any person cited by the commission or
					 its enforcement officer and subject to any statute administered by the
					 commission or any order or rule issued or promulgated thereunder, or against
					 whom a formal or informal complaint is filed or to whom an order or notice is
					 issued by the commission instituting a proceeding or investigation.
"Site" means the specific place where excavation work is
					 performed or contemplated and shall be identified by street address referenced
					 to the nearest intersecting street and subdivision name, if applicable, as well
					 as by lot and block number, tax map key, if available, and by kilometer or mile
					 marker for railways or highways or any other method authorized by chapter
					 269E, HRS.
"System" means the center operation described in chapter
					 269E, HRS, and these rules and
					 includes, but is not limited to the process whereby the center's customer
					 service representatives answer incoming calls from prospective excavators
					 seeking information on subsurface facilities that may be located at or near the
					 prospective excavation site, and the outgoing call from the center to facility
					 operators who have or may probably have subsurface installations at or in close
					 proximity to the proposed excavation site.
"Ticket" or "message" means request for mark-out or
					 electronic request for mark-out information transmitted from the one call
					 center to facility operators.