Oregon Administrative Rules › Chapter 952 - OREGON UTILITY NOTIFICATION CENTER › Division 1 - Oregon Utility Notification Center › Section 952-001-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in 952-001-0010  through 952-001-0100:
(1) "Abandoned Facility" means an underground
			 facility that is no longer in service and is physically disconnected from the
			 operating facility that is in service.
(2) "Business day" means any 24-hour day
			 other than a Saturday, Sunday, or federal or state legal holiday as provided in
			 ORS 757.542. A business day begins at 12:00 a.m. and ends at 11:59
			 p.m.
(3) "Damage" means harm to, or
			 destruction of underground facilities including, but not limited to, the
			 weakening of structural, lateral, or subjacent support; the penetration,
			 impairment or destruction of any coating, housing or other protective device;
			 or the denting of, penetration into or severance of underground
			 facilities.
(4) "Designer" means
			 any person who prepares a drawing for construction or other project which
			 requires excavation or demolition.
(5) "Designated Agent" means a person or
			 entity specifically appointed to act for or serve as a representative for
			 another person or entity.
(6)
			 "Easement" means a nonpossessory interest in the land of another which entitles
			 the holders of an interest in the easement to a private right of way embodying
			 the right to pass across another's land.
(7) "Emergency" means an occurrence involving
			 an immediate danger, demanding prompt action to prevent loss of life, or to
			 mitigate damage to property, or to prevent interruption of essential public
			 services (as determined by an emergency response agency or the facility
			 operator) or to prevent a customer service outage (as determined by the
			 facility operator).
(8)
			 "Excavation" means any operation in which earth, rock or other material on or
			 below the ground is moved or otherwise displaced by any means, except sidewalk,
			 road and ditch maintenance less than 12 inches in depth that does not lower the
			 original grade or original ditch flow line. "Excavation" does not include the
			 tilling of soil for agricultural purposes conducted on private property that is
			 not within the boundaries of a recorded right-of-way or easement for
			 underground facilities.
(9)
			 "Excavator" means any person who engages in excavation.
(10) "Large area" means a proposed excavation
			 requiring more work or time to locate utility facilities than can reasonably be
			 completed within the parameters of section (1) of OAR 952-001-0050.
(11) "Locatable underground facilities" means
			 underground facilities which can be marked with reasonable accuracy.
(12) "Mark" or "marking" means an indication,
			 from the use of stakes, paint or other clearly identifiable material, to show
			 the field location or absence of underground facilities at a proposed work
			 site. A "mark" or "marking" also includes permanent marking devices, such as
			 disks, posts or signs, placed to show the location of underground
			 facilities.
(13) "Non invasive
			 methods" means using a practice to expose an underground facility that does not
			 damage any part of the facility.
(14) "Notify" means to make known by any
			 reasonable and legal means of communication.
(15) "Operator" means any person, municipal
			 corporation, political subdivision of the state with control over underground
			 facilities. Operator includes any person, as defined in ORS 756.010, having the
			 right to bury underground facilities in any public right-of-way, or in any
			 utility easement.
(16) "Operation"
			 as used in ORS 757.542(3) means the use of any tools, equipment or explosives.
			 The term includes, but is not limited to, the use of powered and mechanized
			 equipment, hand digging with tools, explosives, grading, trenching, digging,
			 blasting, drilling, backfilling, dragging, augering, hammering, pile driving,
			 plowing-in or pulling-in, test boring, tunneling, scraping, reclamation
			 processes, and milling.
(17)
			 "Oregon Utility Notification Center" (Center) means the state agency that
			 administers a statewide system through which a person can notify operators of
			 underground facilities of proposed excavations and can request that the
			 underground facilities be marked.
(18) "Out-of-service facility" means an
			 underground facility that has not been declared permanently abandoned and may
			 still be connected to a portion of an operating facility that is in
			 service.
(19) "Private property" as
			 used in ORS 757.542(3) means the ownership of property by non-governmental
			 legal entities and public land leased or rented and controlled by private
			 entities for agricultural purposes.
(20) "Project plans" mean any drawings,
			 specifications or any other documents prepared in anticipation of work
			 involving excavation.
(21)
			 "Response" means action taken by operators of underground facilities to:
(a) Mark or identify by other means the
			 location of its locatable underground facilities in the area of the proposed
			 excavation;
(b) Notify the
			 excavator that there are unlocatable underground facilities in the area of the
			 proposed excavation; or
(c) Notify
			 the excavator that there are no underground facilities in the area of the
			 proposed excavation.