reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 12 - PROCEDURES FOR DETERMINING THE CONFIDENTIALITY OF SUBMITTED INFORMATION › Section 14:1-12.9 - Final confidentiality determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, after
				review of all the information submitted pursuant to this subchapter, the
				custodian determines that the asserted confidential information is not
				confidential information, the custodian shall as quickly as feasible:
1. Notify the claimant's designee of the
				determination through reasonable efforts to contact the designee by telephone,
				e-mail, fax, or other means provided in the designation submittal;
				and
2. Provide written notice that
				meets the requirements of (b) below to the claimant's designee.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 12 - PROCEDURES FOR DETERMINING THE CONFIDENTIALITY OF SUBMITTED INFORMATION › Section 14:1-12.10 - Treatment of information pending confidentiality determination

Current through Register Vol. 56, No. 14, July 15, 2024
The custodian shall treat asserted confidential information
				  as confidential information until the custodian has made a final determination
				  that the asserted confidential information is not confidential information.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 12 - PROCEDURES FOR DETERMINING THE CONFIDENTIALITY OF SUBMITTED INFORMATION › Section 14:1-12.11 - Availability of information to the public after determination that information is not confidential

Current through Register Vol. 56, No. 14, July 15, 2024
If the custodian has received a request for asserted
				  confidential information in accordance with this subchapter and has determined
				  that the information is not confidential, the custodian may disclose such
				  information to any person on or after the seventh business day following the
				  request for the confidential information.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 12 - PROCEDURES FOR DETERMINING THE CONFIDENTIALITY OF SUBMITTED INFORMATION › Section 14:1-12.12 - Disclosure of confidential information to other public agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The custodian
				may disclose confidential information to any other State agency or to a Federal
				agency if:
1. The custodian notifies the other
				agency of any pending confidentiality claim concerning the requested
				information, or of any confidentiality determination regarding the requested
				information; and
2. The custodian
				receives a written request for disclosure of the information from a duly
				authorized officer or employee of the requesting agency, stating that the other
				agency has adopted regulations or operates under statutory authority that would
				allow it to preserve confidential information from unauthorized disclosure, and
				agrees in writing to refrain from further disclosure, unless:
i. The requesting agency has statutory
				authority both to compel production of the information and to disclose it;
				or
ii. The claimant has consented
				to the disclosure of the information to the requesting agency.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 12 - PROCEDURES FOR DETERMINING THE CONFIDENTIALITY OF SUBMITTED INFORMATION › Section 14:1-12.13 - Disclosure of confidential information to contractors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The custodian
				may disclose confidential information to a contractor, if the custodian
				complies with the procedure under (b) below, and if:
1. The custodian determines that such
				disclosure is necessary in order for the contractor to perform the work
				required by the contract;
2. The
				contract provides that the contractor and the contractor's employees shall use
				the confidential information only for the purpose of performing the duties
				required by the contract, shall refrain from disclosing the confidential
				information to anyone other than the custodian, shall store all records
				containing the confidential information in locked cabinets in secure rooms, and
				shall return to the custodian all originals and all copies of the information
				(and any abstracts or extracts therefrom, or any records containing any of the
				confidential information) when the confidential information is no longer
				necessary to enable the contractor to perform its obligations under the
				contract, or at any time upon the request of the custodian; and
3. At the request of the claimant, the
				contractor contracts with the claimant to refrain from further disclosure of
				the confidential information.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 12 - PROCEDURES FOR DETERMINING THE CONFIDENTIALITY OF SUBMITTED INFORMATION › Section 14:1-12.14 - Disclosure to alleviate an imminent and substantial danger

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				custodian finds that disclosure of confidential information would serve to
				alleviate an imminent and substantial danger to public health, safety or the
				environment, the custodian shall:
1.
				Immediately disclose the confidential information to any person whose role in
				alleviating the danger to public health and the environment makes such
				disclosure necessary; and
2. Limit
				any disclosure pursuant to this paragraph to that information necessary to
				enable the person to whom it is disclosed to carry out the activities necessary
				to alleviate the danger and for no other purpose.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 12 - PROCEDURES FOR DETERMINING THE CONFIDENTIALITY OF SUBMITTED INFORMATION › Section 14:1-12.15 - Disclosure by consent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The custodian
				may disclose confidential information in accordance with the written consent of
				the claimant.
(b) A claimant's
				consent to a particular disclosure shall not operate as a waiver of a
				confidentiality claim with regard to further disclosures, unless the authorized
				disclosure is of such nature that the disclosed information is no longer
				confidential information.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 12 - PROCEDURES FOR DETERMINING THE CONFIDENTIALITY OF SUBMITTED INFORMATION › Section 14:1-12.16 - Incorporation of confidential information into accumulations of data

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing in this subchapter shall be construed as prohibiting
				  the incorporation of confidential information into accumulations of data
				  subject to disclosure as public records, provided that after consultation with
				  the claimant, the custodian has determined that such disclosure is not in a
				  form that would foreseeably allow persons, not otherwise having knowledge of
				  such confidential information, to deduce from it the confidential information
				  or the identity of the person who supplied it to the custodian.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 12 - PROCEDURES FOR DETERMINING THE CONFIDENTIALITY OF SUBMITTED INFORMATION › Section 14:1-12.17 - Confidentiality agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions
				of this subchapter shall supersede the provisions of any agreement imposing any
				duties of confidentiality or nondisclosure upon the Board, custodian or any
				employee, or contractor or agent thereof. This section does not govern Board
				orders, which are not superseded by this subchapter.
(b) Provisions of an agreement imposing
				confidentiality or nondisclosure duties upon the Board or any employee,
				contractor or agent thereof shall be of no force or effect.
(c) The Board shall presume that the
				submitter of any information subject to a previous agreement imposing duties of
				confidentiality or nondisclosure upon the Board would like the information kept
				confidential. Therefore, if the Board receives a request for public disclosure
				of such information, the Board will notify the submitter in accordance with
				14:1-12.7, in order to provide the
				submitter with an opportunity to submit substantiation in accordance with
				14:1-12.8. The Board recommends
				that any person who has submitted such information in the past submit updated
				contact information to the custodian to ensure that the custodian can contact
				them in the event of a request for public disclosure of the information.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 12 - PROCEDURES FOR DETERMINING THE CONFIDENTIALITY OF SUBMITTED INFORMATION › Section 14:1-12.18 - Payment for copies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When copies of a record have been
				requested, payment will be expected at the time the records are picked up, or
				if the requester would prefer the copies to be mailed, receipt of payment for
				the copies by the custodian must occur before the records will be
				mailed.
(b) For the convenience of
				the requester, payment may be made in cash, by check or money order. Access to
				electronic records and non-printed materials shall be provided free of charge
				pursuant to
				N.J.S.A.
				47:1A-5.b(1) of the Open Public Records
				Act.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 1 - SCOPE › Section 14:2-1.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				implements the Underground Facility Protection Act,
				48:2-73 et
				seq.
(b) This chapter governs the
				following, as these terms are defined at
				N.J.A.C.
				14:2-1.2:
1. The Board-designated One-Call System
				Operator;
2. Operators;
3. Excavators; and
4. Responsible contractors.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 2 - ONE-CALL SYSTEM OPERATOR › Section 14:2-2.1 - Duties of One-Call Damage Prevention System operator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				System operator shall operate a one-call center that is open 24 hours per day,
				seven days per week, and serves the entire State. The telephone number for the
				One-Call center shall be 811 in New Jersey, or 1-800-272-1000 for out-of-State
				callers.
(b) The System operator
				shall staff the one-call center with representatives that will do all of the
				following:
1. Receive and record the notice
				of intent to excavate provided under
				14:2-3.1;
2. Assign a confirmation number to each
				notice of intent to engage in an excavation;
3. Inform the excavator or responsible
				contractor of the confirmation number;
4. For each notice of intent, maintain a
				register showing the name, address, and telephone number of the excavator or
				responsible contractor, the site to which the notice pertains, and the assigned
				confirmation number;
5. Promptly
				transmit to the appropriate operator(s) the information received from an
				excavator or responsible contractor regarding intended excavation or
				demolition;
6. Maintain a record of
				each notice of intent, for seven years from the date of the System operator's
				receipt of the notice; and
7.
				Provide to the excavator or responsible contractor the names of the operators
				who will be notified by the One-Call center of the intended
				excavation.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 2 - ONE-CALL SYSTEM OPERATOR › Section 14:2-2.2 - Designation and term of One-Call Damage Prevention System operator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Board shall designate a System operator who shall operate the One-Call Damage
				Prevention System in accordance with a tariff approved by the Board.
(b) The term of the System operator shall be
				five years, but the Board may rescind, extend, or modify this designation if it
				determines, that a modification is required for the operation of the System in
				conformance with
				N.J.S.A.
				48:2-73 et seq., this chapter, and its
				Board-approved tariff.
(c) In the
				final year of a System operator's term, the Board shall advertise the System
				operator position in the New Jersey Register and in newspapers of general
				circulation and comply with all applicable rules of the New Jersey Department
				of the Treasury.
(d) The Board
				shall accept applications and shall designate a person as the System operator
				for a term, consistent with the New Jersey Department of the Treasury
				guidelines. In choosing a System operator, the Board shall select the applicant
				that will best operate the System to achieve the purposes of the Underground
				Facility Protection Act, in accordance with
				N.J.S.A.
				52:34-12 and N.J.A.C. 17:12.
(e) The Board shall announce its choice of
				System operator for the next term at least three months prior to the expiration
				of the existing term.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 3 - EXCAVATORS AND RESPONSIBLE CONTRACTORS › Section 14:2-3.1 - Notice of intent to excavate-timing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall
				not perform excavation or demolition, as defined at
				N.J.A.C.
				14:2-1.2, unless the person performing the
				excavation or demolition, or a responsible contractor, has provided notice of
				the excavation or demolition to the One-Call center by dialing 811 in New
				Jersey, out-of-State, 1800-272-1000, or by electronic notice as directed by the
				One-Call System operator in accordance with its Board-approved tariff. Requests
				provided electronically or through any procedure other than that directed for
				use by the One-Call System operator shall not constitute notice in compliance
				with this section.
(b) An excavator
				or responsible contractor, as defined at
				14:2-1.2,
				shall notify the One-Call center of the intent to engage in any excavation or
				demolition not less than three business days before beginning the excavation or
				demolition, and not more than 10 business days prior to beginning the
				excavation or demolition, except if the excavation or demolition is necessary
				because of an emergency, as defined at
				14:2-1.2.
				An excavator that performs emergency excavation or demolition shall comply with
				the notice requirements at
				14:2-3.6.
(c) Notice provided in accordance with (a)
				above, for an excavation or demolition that is commenced within 10 business
				days after the notice, shall remain valid for 45 business days from the
				notification, provided that the excavator maintains the markout that is made by
				an operator. Any excavation or demolition continuing after the 45 business days
				shall require a new notification that meets the requirements at (a)
				above.
(d) If the excavation or
				demolition is not commenced within 10 business days after notice is provided to
				the One-Call center in accordance with (a) above:
1. The notice shall no longer be
				valid;
2. The excavator shall not
				perform any excavation or demolition on the site until the excavator or
				responsible contractor submits a new notification to the One-Call center;
				and
3. The new notification shall
				comply with (a) above in all respects; that is, the excavator shall notify the
				One-Call center at least three business days before, but no more than 10
				business days before, beginning the excavation or demolition.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 3 - EXCAVATORS AND RESPONSIBLE CONTRACTORS › Section 14:2-3.2 - Notice of intent to excavate-contents, perimeter marking

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				excavator or responsible contractor shall provide notice of a planned
				excavation or demolition to the One-Call center by telephone (dial 811 or
				1-800-272-1000), or by electronic notice as directed by the One-Call System
				Operator in accordance with its Board-approved tariff. Requests provided
				electronically or through any procedure other than that directed for use by the
				One-Call System operator shall not constitute notice in compliance with this
				section.
(b) An excavator or
				responsible contractor shall provide all of the following in its notice to the
				One-Call center:
1. The name and telephone
				number of the person notifying the One-Call center, including the contact
				information of a person knowledgeable about the excavation to be
				performed;
2. The following
				information regarding the excavator, any rented equipment operators that will
				be used, and the responsible contractor, if any:
i. Name and address;
ii. Office telephone numbers and e-mail
				addresses; and
iii. The field
				telephone number and, if available, field e-mail or text message addresses
				and/or facsimile numbers;
3. The name, address and telephone number,
				and e-mail address if available, of the person for whom the excavation or
				demolition is to be performed;
4.
				The starting time and date of the planned excavation or demolition;
5. A description of the intended excavation
				or demolition, including the approximate depth of the excavation or demolition;
				and
6. A description of the site,
				sufficient to enable the operator to accurately determine the location and
				boundaries of the site. The excavator shall utilize as many of the following
				methods as are necessary to ensure that the operator can accurately identify
				the site:
i. The street address of the
				site;
ii. The block and lot of the
				site;
iii. A description of any
				white perimeter markings the excavator has made in accordance with (c) below;
				and/or
iv. On large parcels of land
				where white paint is used, GPS coordinates may be used, in decimal degrees, to
				further aid in identifying the area of excavation.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 3 - EXCAVATORS AND RESPONSIBLE CONTRACTORS › Section 14:2-3.3 - Excavators-onsite requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An excavator or
				responsible contractor shall:
1. Not operate
				any mechanized equipment within two feet horizontally of the outside wall of
				any underground facility marked in accordance with this chapter, unless the
				underground facility has been first located by hand digging. Mechanized
				equipment shall be used with proper care and under adequate supervision to
				avoid damage to the underground facility;
2. Plan the excavation or demolition with
				reasonable care so as to avoid damage to, and minimize interference with,
				underground facilities;
3. Use
				reasonable care during excavation or demolition to avoid damage to, or
				interference with, underground facilities, including protecting each
				underground facility from freezing, traffic, and/or other loads or hazard in
				accordance with (b) below;
4. After
				commencement of excavation or demolition, protect and preserve the marking,
				staking, or other designation of an underground facility until the marking,
				staking, or other designation is no longer necessary for safe excavation or
				demolition;
5. Provide
				identification in the form of company credentials or a State-issued ID to Board
				staff upon request; and
6. Provide
				a paper or electronic copy of the One-Call notification to Board staff upon
				request.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 3 - EXCAVATORS AND RESPONSIBLE CONTRACTORS › Section 14:2-3.4 - Responsible contractors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If rented
				equipment, as defined at
				14:2-1.2, will be used for an
				excavation or demolition, either the rented equipment operator or a responsible
				contractor shall notify the One-Call center in accordance with
				14:2-3.1 and 3.2. The person who
				notifies the One-Call center shall be responsible and liable for ensuring that
				all excavation or demolition performed with rented equipment complies with this
				chapter.
(b) Each responsible
				contractor shall keep all logbooks and records required by this chapter for at
				least seven years, and shall make them available to the Board or Board staff
				upon request.
(c) A responsible
				contractor that notifies the One-Call center under
				14:2-3.1 and 3.2 shall do all of
				the following:
1. Provide information as
				required by the One-Call center regarding all rented equipment that will be
				used in the excavation or demolition;
2. Wait the three business days required
				under 14:2-3.1 prior to performing any
				excavation or demolition on the site; and
3. Notify the One-Call center of each rented
				equipment operator that performs excavation or demolition on a site, specifying
				when the rented equipment operator begins working on the site; and
4. Notify the One-Call center when each
				rented equipment operator stops working on the site.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 3 - EXCAVATORS AND RESPONSIBLE CONTRACTORS › Section 14:2-3.5 - Excavation or demolition in response to an emergency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an
				excavator undertakes an excavation or demolition in response to an emergency
				that does not permit compliance by the excavator with the notification
				requirements of
				14:2-3.1,
				the excavator shall comply with this section.
(b) An excavator that is subject to this
				section shall notify the One-Call center of an emergency excavation or
				demolition as soon as reasonably possible without causing a delay in addressing
				the emergency, and shall include in the notice a description of the nature of
				the emergency and provide contact information of a person knowledgeable of the
				excavation to be performed.
(c) In
				a case where the excavator must perform excavation or demolition in order to
				address the emergency, the notice to the One-Call center shall also include a
				brief explanation of the circumstances that prevented the excavator from
				providing notice in accordance with
				14:2-3.1.
(d) An excavator that performs excavation or
				demolition in response to an emergency shall take all reasonable precautions to
				protect any underground facilities that may be located at the site of the
				excavation or demolition.
(e) If an
				excavation is undertaken in order to repair or replace the vent or filler pipe
				of an underground heating oil tank or a heating system, the excavation may be
				started immediately after notice has been given to the One-Call center,
				provided the excavation meets all of the requirements at (e)1 through 3 below:
1. The excavation is undertaken in response
				to a service call by a customer;
2.
				The excavation or demolition uses only non-mechanized equipment; and
3. The excavation begins after October 1 and
				ends before April 30 of the following year.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 3 - EXCAVATORS AND RESPONSIBLE CONTRACTORS › Section 14:2-3.6 - Excavators-incident and damage reporting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an
				excavator causes or discovers any damage, as defined at
				N.J.A.C.
				14:2-1.2, to a line or pipe carrying natural
				gas, liquid petroleum, or any other hazardous liquid, the excavator shall
				immediately call 911, and shall immediately thereafter report the damage to the
				appropriate representative of the operator. If the excavator cannot reach the
				operator, the excavator shall report the damage to the One-Call center at 811
				in New Jersey, or out-of-State, 1-800-272-1000.
(b) If an excavator causes or discovers any
				damage to an underground facility that carries anything other than natural gas,
				liquid petroleum, or another hazardous liquid, the excavator shall immediately
				report the damage to the appropriate representative of the underground facility
				operator. Immediately thereafter, the excavator shall report the damage to the
				One-Call center at 1-800-272-1000 out-of-State, or 811 in New Jersey.
(c) All requirements in this section apply
				regardless of whether the damage results in an emergency, accident, or a
				dangerous condition.
(d) If, during
				excavation or demolition, an excavator causes or discovers any of the
				following, the excavator may complete and submit to the One-Call center a
				dangerous condition reporting form:
1. An
				underground facility that is, in the excavator's judgment, buried at a depth
				that is insufficient for safety; or
2. Any condition or configuration relating to
				an underground facility, which, in the excavator's judgment, has the potential
				to pose a danger to health and safety, and which is not covered pursuant to (a)
				or (b) above.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 4 - OPERATORS › Section 14:2-4.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter applies to operators, as
				defined at
				N.J.A.C.
				14:2-1.2, except as specified in this
				section.
(b) An operator of an
				underground non-metallic water pipe or non-metallic water distribution facility
				that was installed prior to November 18, 1994, is exempt from the requirement
				at
				N.J.A.C.
				14:2-4.2 to mark out the facility, but shall,
				within three business days of the notice to the One-Call center, cooperate with
				excavators in reasonable efforts, including a site meeting, to determine the
				location of the facility. Reasonable efforts, include, to any and all extent
				possible, ascertaining and/or obtaining information regarding the location of
				the meter and curb shutoff, closest building penetration to the water meter,
				the location of service connection to the main, the diameter of the facility,
				the composition of the facility, company service records, and records that the
				operator may have.
(c) An operator
				that is a State department or agency is exempt from the requirement at
				N.J.A.C.
				14:2-4.2 to mark out its facilities in
				accordance with
				N.J.A.C.
				14:2-4.2 if all of the following criteria are
				met:
1. The excavation or demolition is
				conducted on property or a right-of-way owned or controlled by the State
				department or agency;
2. The only
				underground facilities of the State department or agency at the site are
				traffic signals and lights, or street and highway lights; and their associated
				electrical feeds, control lines and traffic sensing loops;
3. The excavation or demolition requires a
				permit from the State department or agency;
4. The required permit is conditioned upon
				the excavator notifying the One-Call center in accordance with
				14:2-4.2(a)2;
5. During the permitting process, the State
				department or agency provides the excavator with plans showing the position and
				number of its underground facilities on the site; and
6. The State department or agency agrees to
				cooperate on a continuing basis with the excavator in reasonable efforts to
				determine the location of its underground facilities, including notifying the
				excavator of any changes in the position or number of underground facilities
				after the initial issuance of plans to the excavator.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 4 - OPERATORS › Section 14:2-4.2 - Operators-basic requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An operator
				shall ensure that it is fully equipped and available to receive from the
				One-Call center the information required pursuant to
				N.J.A.C.
				14:2-3.2 regarding a planned excavation or
				demolition.
(b) If an operator
				fails to participate in and comply with the requirements of the One-Call Damage
				Prevention System in violation of N.J.S.A. 48:2-80 and an underground facility
				of such operator is damaged by an excavator or responsible contractor by reason
				of the excavator's or responsible contractor's failure to notify the operator
				because the operator was not a member of the One-Call Damage Prevention System,
				such operator shall have no right of recovery from the excavator or responsible
				contractor of any costs associated with the damage to its lines.
(c) Excluding operators that are exempt, in
				accordance with
				N.J.A.C.
				14:2-4.1(b), any operator
				that fails to mark, locate, or otherwise provide the position and number of its
				underground facilities, which may be affected by a planned excavation or
				demolition, shall be liable for any costs, labor, parts, equipment, and
				personnel downtime, incurred by an excavator damaging a facility owned,
				operated, or controlled by the operator.
(d) Within three business days after
				receiving information from the System operator regarding a planned excavation
				or demolition, an operator shall provide an electronic positive response to the
				System operator and do either of the following:
1. If the operator owns, operates, or
				controls the operation of any underground facilities on the site, the operator
				shall mark out the site as required pursuant to N.J.A.C. 14:2-5, except if a
				facility is exempt from markout requirements pursuant to
				N.J.A.C. 14:2-4.1(b) or
				(c); or
2. If the operator does not own, operate, or
				control the operation of any underground facilities on the site, the operator
				shall notify the excavator of that fact.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 4 - OPERATORS › Section 14:2-4.3 - Operators-markout records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An underground
				facility operator shall make a record of each markout that it performs. The
				underground facility operator shall maintain these records for seven years, and
				shall make them available to the Board or Board staff upon request.
(b) Each markout record shall include, at a
				minimum, all of the following:
1. The
				location of the markout, identified by street address(es) or lot and block
				number(s), and any other information necessary to enable a person to easily
				locate the site;
2. The names of
				all persons who performed the markout, including the names of any
				contractors;
3. The time and date
				the markout was performed;
4. The
				type of markout, as described at
				14:2-5.3; for
				example, centerline markout, centerline offset markout, outside dimension
				markout and/or outside dimension offset markout; and
5. Whether stakes, whiskers and/or flags were
				used in the markout in addition to paint.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 4 - OPERATORS › Section 14:2-4.4 - Operators-accidents and emergencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Operators shall
				ensure that employees who are qualified to accept and respond to reports of
				accidents, damage, and emergencies involving underground facilities, are
				available at all times of the day and night throughout the year. Each operator
				shall provide the Board with the names and titles of these qualified response
				personnel, as part of every report required pursuant to (j) below.
(b) When an operator receives a report of an
				emergency, the operator shall do all of the following immediately, and in all
				cases within one hour after learning of the emergency:
1. Dispatch appropriate personnel to the site
				to assist in locating and protecting underground facilities;
2. Take any other action necessary to assist
				in minimizing danger and/or damage; and
3. Update the electronic positive response
				with the appropriate status ("marked," "cleared," or "dispatched").
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 5 - MARKOUTS › Section 14:2-5.1 - General markout provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an
				operator is required pursuant to
				N.J.A.C.
				14:2-4.2(b)  to mark out a
				site, the operator shall perform the markout in accordance with this
				subchapter.
(b) When more than one
				underground facility of the same type is located within a rigid structure or
				envelope such as a concrete pipe or a conduit, the markout shall indicate the
				envelope and not the individual underground facilities inside the
				envelope.
(c) If an excavator has
				marked the perimeter of a proposed excavation or demolition site with white in
				accordance with
				N.J.A.C.
				14:2-3.2(c), (d), and (e),
				an operator shall mark out all of the operator's facilities that lie within the
				white perimeter marking, and in addition all facilities outside the white
				perimeter that are within 10 feet of the white marking.
(d) All facilities newly installed by the
				operator shall be back flagged and marked according to
				N.J.A.C.
				14:2-5.2, upon completion of the
				installation. If there is a valid notice of intent to excavate in accordance
				with
				N.J.A.C.
				14:2-3.1 in the scope of the work area where
				the facilities have been installed, that has not yet reached its "start by"
				date, the excavator must be notified about the newly installed facilities. This
				shall be done by updating the positive response.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 5 - MARKOUTS › Section 14:2-5.3 - Types of markouts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There are four
				types of markouts, as follows:
1. A
				centerline markout. A centerline markout is required for an underground
				facility that is 12 inches or less in nominal outside dimension;
2. A centerline offset markout. A centerline
				offset markout may be used only when both of the following criteria are met:
i. The underground facility is 12 inches or
				less in nominal outside dimension; and
ii. Site conditions make it impossible to
				adequately markout the centerline of the underground facility;
3. An outside dimension markout.
				An outside dimension markout is required for an underground facility that is
				more than 12 inches in nominal outside dimension; and
4. An outside dimension offset markout. An
				outside dimension offset markout may be used only when both of the following
				criteria are met:
i. The underground facility
				is more than 12 inches in nominal outside dimension; and
ii. Site conditions make it impossible to
				adequately mark out the centerline or outside walls of the underground
				facility.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 5 - MARKOUTS › Section 14:2-5.4 - Centerline markouts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An operator shall utilize a centerline
				markout to indicate an underground facility that is 12 inches or less in
				nominal outside dimension, unless exceptional site conditions would either make
				it impossible to clearly mark the centerline of the underground facility in
				accordance with this section, or would make it impossible for the excavator to
				see the markings in a centerline markout. In a case with such exceptional site
				conditions, an operator may utilize a centerline offset markout, described at
				N.J.A.C.
				14:2-5.6.
(b) A centerline markout shall meet all of
				the following requirements:
1. The markout
				shall consist of paint marks that run parallel to the course of the underground
				facility, with the eight-inch to 10 inch side of each paint mark over the
				center line of the underground facility;
2. The marks shall be placed as directly as
				possible over the center line of the underground facility, and in no case shall
				the marks be more than 18 inches away from the point on the ground that is
				directly above the center line of the underground facility;
3. A minimum of three separate paint marks
				shall be made for each underground facility. Additional marks shall be placed
				along the course of the underground facility as needed to clearly identify the
				location of the facility;
4. The
				marks shall be the appropriate color as indicated in Table A in
				14:2-5.2;
				and
5. The appropriate letter
				designation code from Table A in
				14:2-5.2,
				and the nominal outside dimension of the underground facility in inches, shall
				be centered between the paint strokes. Whenever more than one facility is
				located within a rigid envelope, the markout shall state the dimension of the
				envelope, not of the individual facilities.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 5 - MARKOUTS › Section 14:2-5.5 - Outside dimension markouts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An operator
				shall utilize an outside dimension markout to indicate an underground facility
				that is more than 12 inches in nominal outside dimension, unless exceptional
				site conditions would either make it impossible to clearly mark the outside
				walls of the underground facility in accordance with this section; or would
				make it impossible for the excavator to see the markings in an outside
				dimension markout. In a case with such exceptional site conditions, an operator
				may utilize an outside dimension offset markout, described at
				N.J.A.C.
				14:2-5.6.
(b) An outside dimension markout shall meet
				all general requirements for markouts under
				14:2-5.1
				and 5.2, and in addition shall meet all of the following requirements:
1. The markout shall consist of pairs of
				parallel paint marks, with marks over each outside wall of the underground
				facility, but no more than 18 inches from either outside wall of the
				underground facility;
2. A minimum
				of three separate pairs of parallel paint marks shall be made for each
				underground facility; and
3. The
				following shall be placed within each pair of parallel linear marks, centered
				in the space between the two marks:
i. The
				appropriate letter designation code from Table A in
				14:2-5.2;
ii. Numbers indicating the nominal outside
				dimension of the underground facility in inches; and
iii. If a non-firm surface requires stakes
				and/or flags in addition to paint in accordance with
				14:2-5.2(a),
				a stake shall be placed on each paint mark, and a flag shall be centered
				between the two paint marks, over the required numbers and letters.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 5 - MARKOUTS › Section 14:2-5.6 - Offset markouts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An operator shall utilize an offset
				markout only if exceptional site conditions make it impossible to clearly mark
				the underground facility with a centerline markout pursuant to
				N.J.A.C.
				14:2-5.4 or an outside dimension markout
				pursuant to
				N.J.A.C.
				14:2-5.5.
(b) An offset markout shall be made with
				paint on a firm surface.
(c) An
				offset markout symbol shall consist of the following:
1. Two T-shaped paint marks that:
i. Are one inch to two inches in width and
				eight inches to 10 inches in length;
ii. With the top of each T running parallel
				to the centerline of the underground facility; and
iii. With an arrowhead on the leg of each T,
				pointing in the direction of the underground facility;
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 6 - VIOLATIONS, PENALTIES, ENFORCEMENT › Section 14:2-6.1 - Violations in general

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				shall govern the Board's assessment of civil penalties for violations of this
				chapter and the Underground Facility Protection Act,
				48:2-73 et seq., in accordance
				with 48:2-86 through 89.
(b) The Board may impose a civil penalty by
				means of a Notice of Probable Violation (NOPV) followed by a Final Order of
				Penalty Assessment (FOPA); through an Administrative Order and Notice of Civil
				Administrative Penalty Assessment (AONOCAPA); through a Superior Court Action;
				or as otherwise permissible by law.
(c) This subchapter shall also govern the
				procedures for issuing NOPVs and AONOCAPAs, requesting an informal conference
				and requesting an adjudicatory hearing on an AONOCAPA.
(d) If statutory amendments are enacted after
				October 15, 2007, which authorize additional or increased penalties or remedies
				for violation of this chapter, the Board shall have the authority to apply such
				penalties or remedies upon the effective date of the statutory
				amendment.
(e) Any civil penalty
				imposed pursuant to this section may be compromised by the Board. In
				determining the amount agreed upon in compromise, the Board shall consider the
				factors set forth at
				14:2-6.2(c).
(f) Once a penalty becomes due and owing in
				accordance with this subchapter, the penalty may be deducted from any sums
				owing by the State to the person charged, or may be recovered, if necessary, in
				accordance with "the Penalty Enforcement Law of 1999" (2A:58-10 et seq.).
(g) Pursuit of any remedy specified in this
				subchapter shall not preclude the pursuit of any other remedy, including any
				civil remedy for damage to an operator's underground facilities or for damage
				to a person's property, provided by any other law. Administrative and judicial
				remedies provided in this section may be pursued simultaneously.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 6 - VIOLATIONS, PENALTIES, ENFORCEMENT › Section 14:2-6.2 - Penalty amounts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided pursuant to (b) below,
				an operator, an excavator, or the One-Call System operator, that violates any
				provision of this chapter, the Underground Facility Protection Act, or an order
				adopted pursuant thereto, shall be liable to a penalty of not less than $ 1,000
				and not more than $ 2,500 per day for each day the violation continues, except
				that the maximum civil penalty shall not exceed $ 25,000 for any related series
				of violations.
(b) Notwithstanding
				any provision of this chapter or of
				48:2-88
				to the contrary, a person who is determined by the Board, after notice and
				opportunity to be heard, to have violated any provision of this chapter, the
				Underground Facility Protection Act, or an order adopted pursuant thereto, with
				respect to a natural gas underground pipeline or distribution facility or a
				hazardous liquid underground pipeline or distribution facility, shall be liable
				to a civil penalty in the amount set forth in the Board's natural gas pipeline
				safety rules at
				14:7-2.7.
(c) In determining the amount of the penalty
				assessed, or an amount agreed upon in compromise, the Board shall consider:
1. The nature, circumstances and gravity of
				the violation(s);
2. The degree of
				the violator's culpability;
3. Any
				history of prior violations;
4. The
				prospective effect of the penalty upon the ability of the violator to conduct
				business;
5. Any good faith effort
				by the violator to achieve compliance;
6. The violator's ability to pay the penalty;
				and
7. Any other factors justice
				may require.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 6 - VIOLATIONS, PENALTIES, ENFORCEMENT › Section 14:2-6.3 - Notice failure, prima facie evidence of negligence

Current through Register Vol. 56, No. 14, July 15, 2024
Evidence that an excavation or demolition that results in
				  any damage to an underground facility was performed without providing the
				  notice required pursuant to this chapter shall be prima facie evidence in any
				  civil or administrative proceeding that the damage was caused by the negligence
				  of the excavator or responsible contractor, as applicable, that performed the
				  excavation or demolition.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 2 - UNDERGROUND FACILITIES: ONE-CALL DAMAGE PREVENTION SYSTEM › Subchapter 6 - VIOLATIONS, PENALTIES, ENFORCEMENT › Section 14:2-6.4 - Notices of probable violation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon discovery
				of a probable violation, Board staff may issue a written Notice of Probable
				Violation (NOPV) to the alleged violator. The NOPV shall be served in
				accordance with the New Jersey Office of Administrative Law's procedural rules
				at N.J.A.C. 1:1-7.
(b) The Notice
				of Probable Violation shall:
1. State the
				facts, which constitute the probable violation;
2. Identify the provision of law, rule,
				regulation or order violated;
3.
				Identify the maximum permissible penalty for the violation;
4. Include a form of Answering Certification,
				to be completed and submitted by the alleged violator;
5. Notify the alleged violator of both of the
				following:
i. Failure of the alleged violator
				to submit the Answering Certification within the deadline in
				14:2-6.5(a)  may
				result in Board findings as to the violation(s) in the NOPV through issuance of
				a Final Order of Penalty Assessment (FOPA), which may include the maximum
				penalty permissible by law, without further prior notice to the alleged
				violator; and
ii. The alleged
				violator may contest the NOPV in accordance with
				14:2-6.5(b). If
				an alleged violator contests the NOPV, the Board may issue an Administrative
				Order and Notice of Civil Administrative Penalty Assessment in accordance with
				14:2-6.7, in which case the
				alleged violator may request a hearing in accordance with
				14:2-6.8.