New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VII - PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE › Subchapter F - Miscellaneous › Part 753 - Protection Of Underground Facilities › Subpart 753-1 - General Requirements › Section 753-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Part, unless the context otherwise
						requires, the following terms shall have the following meanings:
(a)
Automated Positive Response (APR)
					 system.
A system established by the one-call notification system
						to furnish a single point of contact between member operators and excavators
						for the purpose of communicating the status of an excavation location request
						as provided by the member operators.
(b)
Commission.
The Public Service Commission.
(c)
Contact.
Any defacing, scraping, impact upon an underground
						facility or its protective coating, housing or other protective device.
(d)
Damage.
Any destruction or severance of any underground facility
						or its protective coating, housing or other protective device or any
						displacement of or removal of support from any underground facility which would
						necessitate repair of such facility.
(e)
Department.
The Department of Public Service.
(f)
Demolition.
The total or partial wrecking, razing, rending, moving or
						removal of any structure.
(g)
Enforcement proceeding.
A proceeding by the commission to determine a penalty,
						for violations of this Part, under the authority of section 119-b (8)  of the
						Public Service Law.
(h)
Emergency.
Any abnormal condition which presents an immediate danger
						to life or property including the discontinuance of a vital utility service
						necessary for the maintenance of public health, safety and welfare.
(i)
Excavation.
Any operation for the purpose of movement or removal of
						earth, rock, pavement or other materials in or on the ground by use of
						mechanized equipment or by blasting, including but not limited to, digging,
						auguring, backfilling, boring, drilling, grading, plowing in, pulling in, fence
						post or pile driving, tree root removal, sawcutting, jackhammering, trenching
						and tunneling; provided, however, that the following shall not be deemed
						excavation: the movement of earth by tools manipulated only by human or animal
						power; the tilling of soil for agricultural purposes; vacuum excavation; and
						sawcutting and jackhammering in connection with pavement restoration of a
						previous excavation where only the pavement is involved.
(j)
Excavator.
Any person who is engaged in a trade or business which
						includes the carrying out of excavation or demolition; provided, however, that
						an individual employed by an excavator and having no supervisory authority
						other than the routine direction of employees over an excavation or demolition,
						shall not be deemed an excavator for the purpose of this Part. The act of any
						employee or agent of any excavator acting within the scope of his or her
						official duties or employment shall be deemed to be the act of such
						excavator.
(k)
Field
					 citation.
A written statement issued pursuant to section
						753-6.2  of this Part by an
						employee of the department informing a respondent that, in the judgement of the
						employee, a violation has occurred and setting forth the specific provisions
						allegedly violated by respondent.
(l)
Hand dug test holes.
Excavations performed for designating, testing or
						verification purposes which are dug by the use of hand-held tools utilizing
						only human power. The use of vacuum excavation techniques are acceptable means
						of exposing underground facilities.
(m)
Local governing body.
A town, village or city outside the City of New York or a
						county within the City of New York.
(n)
Near.
An area within 15 feet of the outside perimeter or
						diameter of an underground facility or its encasement.
(o)
Notice of probable violation
					 (NOPV).
A written statement or letter from the department,
						containing the items specified by section
						753-6.4(b)  of
						this Part, to a respondent informing him or her that an enforcement proceeding
						is being initiated.
(p)
One-call notification system.
Any organization among whose purposes is establishing and
						carrying out procedures to protect underground facilities from damage due to
						excavation and demolition, including but not limited to, receiving notices of
						intent to perform excavation and demolition and transmitting the notices to one
						or more member operators of underground facilities in the specified
						area.
(q)
Operator.
Any person who operates an underground facility to
						furnish any of the following services or materials: electricity, gases, steam,
						liquid petroleum products, telephone or telegraph communications, cable
						television, sewage removal, traffic control systems, or water.
(r)
Person.
Any individual, firm, corporation, association or
						partnership, cooperative association, joint venture, joint stock association,
						business trust, their lessees, trustees or receivers, municipality,
						governmental unit or public authority whether or not incorporated.
(s)
Powered
					 equipment.
Any equipment energized by an engine or motor and used in
						excavation or demolition work.
(t)
Respondent.
A person who the department has served a field citation,
						warning letter or notice of probable violation.
(u)
Tolerance zone.
If the diameter of the underground facility is known, the
						distance of one-half of the known diameter plus two feet, on either side of the
						designated center line or, if the diameter of the underground facility is not
						known, two feet on either side of the designated center line.
(v)
Underground facility.
A facility and its attachments located underground and
						installed by an operator to furnish its services or materials, including but
						not limited to, pipelines, conduits, ducts, cables, wires, manholes, vaults,
						tanks, tunnels and any encasement containing such facilities. Such term shall
						not include oil and gas production and gathering pipeline systems used
						primarily to collect oil or gas production from wells.
(w)
Warning letter.
A written letter from the department to a respondent,
						pursuant to section
						753-6.3  of this Part, informing a
						respondent that an alleged violation of a specific provision(s) of Part 753 has
						occurred or is continuing, advising the respondent to correct it, if it is
						correctable, and to comply henceforth or be subject to enforcement proceedings
						under this Part.
(x)
Work area.
The area of the ground or equivalent surface which will
						be disturbed or removed by excavation work or affected by demolition
						work.
(y)
Working
					 days.
Mondays through Fridays, exclusive of public holidays.
						The public holidays observed by the State of New York are as follows:
New Years Day
January 1st
Martin Luther King Day
3rd Monday in January
President's Day
3rd Monday in February
Memorial Day
Last Monday in May
Independence Day
July 4th
Labor Day
1st Monday in September
Columbus Day
2nd Monday in October
Veteran's Day
November 11th
Thanksgiving Day
4th Thursday in November
Christmas Day
December 25th
If the holiday occurs on a Saturday, it will be observed
						the Friday before. If the holiday occurs on a Sunday, it will be observed the
						Monday after.