Marking or providing location of facilities - Emergencies. A. Before an excavator shall demolish a structure, discharge any explosive or commence to excavate in a highway, street, alley or other public ground or way, on or near the location of an operator's underground facilities, or a private easement, such excavator shall first notify all operators in the geographic area defined by the notification center who have on file with the notification center a notice pursuant to Section 142.3 of this title to determine whether any operators have underground facilities in or near the proposed area of excavation or demolition. When an excavator has knowledge that an operator does not have underground facilities within the area of the proposed excavation, the excavator need not notify the operator of the proposed excavation. However, an excavator shall be responsible for damage to the underground facilities of an operator if the notification center was not notified. When an excavator has actual knowledge that an operator has unmarked hydrocarbon and hazardous liquid underground facilities within the area of proposed excavation, the excavator shall not commence excavation or demolition until notice has been given and such facilities have been marked. For purposes of this section, "actual knowledge" shall mean direct and clear knowledge; provided, however, actual knowledge may be demonstrated through circumstantial evidence and if the circumstances are such that a defendant must have known, an inference of actual knowledge is permitted. The excavator shall maintain and preserve all hydrocarbon and hazardous liquid markings for the duration of the excavation or demolition and shall notify the notification center if such marks are no longer visible or are removed and underground facilities have not been exposed. An excavator must check for positive response at the notification center prior to excavating or demolishing to ensure that all operators have responded and that all facilities that may be affected by the proposed excavation or demolition have been marked. Notice shall be given no less than forty-eight (48) hours, excluding the date of notification, Saturdays, Sundays and legal holidays, prior to the commencement of the excavation or demolition. If a positive response of watch and protect has been indicated, no excavation may take place without the operator or its designated representative present to observe the excavation within ten (10) feet of the operator's markings of its existing underground facility. Notice shall expire fourteen (14) calendar days from the excavation start date. No excavation may continue after the notice expiration unless subsequent notice has been submitted pursuant to notice requirements. If excessive and unreasonable requests for marking are made by an excavator when no excavation is taking place prior to notice expiration, the excavator may be liable to the owner or operator for the reasonable cost of such marking. B. Each operator served with notice in accordance with subsection A of this section either directly or by notice to the notification center shall, prior to the date and time work is scheduled to begin, unless otherwise agreed to between the excavator and operator, locate and mark or otherwise provide the approximate location of the underground facilities of the operator in a manner as to enable the excavator to employ hand-dug test holes to determine the precise location of the underground facilities in advance of excavation. However, during any state of emergency declared by the Governor or Legislature that impacts the area of excavation or demolition, the time limitations of this subsection shall be inapplicable. Each operator shall provide a positive response to the notification center prior to the expiration of the required notice period. This response shall indicate the status of the required activities of the operator or designated representative in regard to the proposed excavation or demolition. For the purpose of the Oklahoma Underground Facilities Damage Prevention Act, the approximate location of the underground facilities shall be defined as a strip of land two (2) feet on either side of such underground facilities. If a positive response to watch and protect is indicated, the operator shall provide the name and phone number of the contact who shall be present for observation and a designated operator representative shall be on site at the ticket date and time agreed upon in writing by the excavator and operator. Whenever an operator is served with notice of an excavation or demolition and determines that the operator does not have underground facilities located within the proposed area of excavation or demolition, the operator shall communicate this information to the excavator originating the notice prior to the commencement of such excavation or demolition. C. The only exception to subsection A of this section shall be when an emergency exists that endangers life, health or property. Under these conditions, excavation operations may begin immediately, providing reasonable precautions are taken to protect underground facilities. All operators of underground facilities within the area of the emergency must be notified promptly when an emergency requires excavation prior to the location of the underground facilities being marked. If requests for emergency locates are made by an excavator when there is no emergency, the excavator may be liable to the owner or operator for the reasonable cost of emergency response. D. Every notice given by an excavator to an operator pursuant to this section or to the notification center pursuant to Section 142.3 of this title shall contain at least the following information: 1. The name of the individual serving such notice; 2. The location of the proposed area of excavation or demolition; 3. The name, address and telephone number of the excavator or excavator's company; 4. The name and phone number of an excavator field contact with actual knowledge of the excavation site and project; 5. The type and the extent, not to exceed five hundred (500) linear feet in incorporated areas or one (1) linear mile in unincorporated areas, of the proposed work; 6. Whether or not the discharging of explosives is anticipated; and 7. The date and time when work is to begin. E. In marking the approximate location of underground facilities, an operator shall follow the standard color coding described herein: OPERATOR AND TYPE OF PRODUCT SPECIFIC GROUP IDENTIFYING COLOR Electric Power Distribution and Transmission.................................... Safety Red Municipal Electric Systems............................ Safety Red Gas Distribution and Transmission......................High Visibility Safety Yellow Oil Distribution and Transmission......................High Visibility Safety Yellow Dangerous Materials, Product Lines, Steam Lines................High Visibility Safety Yellow Telephone and Telegraph Systems.................................... Safety Alert Orange Police and Fire Communications..............................Safety Alert Orange Cable Television..............................Safety Alert Orange Water Systems..............................Safety Precaution Blue Slurry Systems.............................Safety Precaution Blue Sewer Systems........................................Safety Green Added by Laws 1981, c. 94, § 6, eff. Jan. 1, 1982. Amended by Laws 2003, c. 362, § 4, eff. Nov. 1, 2003; Laws 2016, c. 151, § 2, eff. Nov. 1, 2016; Laws 2019, c. 148, § 2, eff. Nov. 1, 2019; Laws 2020, c. 65, § 2, eff. Nov. 1, 2020; Laws 2021, c. 453, § 1, eff. Nov. 1, 2021; Laws 2024, c. 118, § 2, eff. Nov. 1, 2024.
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