Does the Texas Railroad Commission also have a regulation that affects "Call before You Dig"?
Are all utilities required to be part of the One-Call system?
How would I know to call utilities that are not part of the One-Call system?
Is it the law that we have to call updates in every 14 days?
It seems like we can't get the facility owners to respond in a timely manner to our calls.
May a general contractor call in locates for a subcontractor?
Q: I've called 1-800-DIG-TESS before - will 811 replace this service?
Will the utility companies mark underground facilities on private property?
How can I learn more about utility damage prevention and the associated laws and regulations?
Answer:
Yes - Texas Utilities Code Title 5 Chapter 251 UNDERGROUND FACILITY DAMAGE PREVENTION AND SAFETY was passed in 1998 and is the primary law that applies to all utilities except waterwastewater and applies to most excavators. This State law can be accessed at:
http://tlo2.tlc.state.tx.us/statutes/ut.toc.htm
Answer:
YES - Effective September 1, 2007, Texas Administrative Code Title 16 Part 1 Chapter 18 UNDERGROUND PIPELINE DAMAGE PREVENTION is specific to any excavation done in the vicinity of an intrastate gas pipeline. This Rule is enforced by the Texas railroad Commission and can be accessed at:
http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=4&ti=16&pt=1&ch=18&rl=Y
Answer:
No - Water, wastewater, and slurry are not required to participate in One-Call but many do so voluntarily. There are a significant number of water/wastewater utility operators that are members of DIG-TESS and recieve notification of your intent to excavate. It is our goal to achieve a true 'One-Call" system in the State of Texas for the benefit of all utility damage prevention stakeholders. As such, it is part of our industry outreach program to heighten the awareness of water/wastewater utility operators to the many benfits of protecting their lines from damage by participating in the One-Call system.
Answer:
When an excavator calls the DIG-TESS Center they will hear a recording which informs the caller that water/wastewater operators in the area to be excavated may have to be contacted separately. When the locate ticket is submitted, the DIG-TESS customer service representative will tell the caller which utilities will be notified. If you are aware of the water/wastewater utility serving that area and they are not on the notification list, you will need to take steps to contact them directly.
Answer:
Texas damage prevention law
Sec. 251.155. EXCEPTION IN CASE OF EMERGENCY. (a) Section 251.151 does not apply to an emergency excavation that is necessary to respond to a situation that endangers life, health, or property or a situation in which the public need for uninterrupted service and immediate reestablishment of service if service is interrupted compels immediate action.
(b) The excavator may begin emergency excavation under Subsection (a) immediately and shall take reasonable precautions to protect underground facilities.
(c) When an emergency exists, the excavator shall notify a notification center as promptly as reasonably possible.
Answer:
While DIG-TESS is the only call center that actually resides in Texas, there are two other call centers that take locate requests in our state. All three call centers participate in a ticket sharing system so that all Class A utilities are notified. Here is how it works.
The notification center first receiving the Call transmits the locate
request to its members and to any other notification centers operating
in the area. The first center has two hours in which to do this. The next
center(s) also have up to two hours to transmit the message to their members.
If an excavator requests it, a list of all facility owners notified by
all notification centers will be faxed to the excavator.
Answer:
Yes! The "E-Locate" system is very popular with excavators that submit requests for utility locates on a frequent basis.
Answer:
Yes - the DIG-TESS Center operators are able to use the latitude and longitude
of your work location to determine the work area and notify our members. You
will still need provide driving directions or an address so that the utility locators can
find the location.
Answer:
GeoRemote is a web based interface that allows the excavator to submit a locate request into GeoCall from their own offices. GeoRemote is the most efficient way to request utility locates since it allows the requester to select the precise area to be excavated from the grid map. The excavator can complete the request without any interaction with a DIG-TESS customer service representative and recieve the confirmation number and utilities that will be notified immediately.
Answer:
Utilities Code Title 5 Chapter 251
Sec. 251.151. DUTY OF AN EXCAVATOR (a) states that a locate request should be submitted “not earlier than the 14th day before the date the excavation is to begin”. The law does not address or require updates every 14 days thereafter.
TAC Title 16 Part 1 Chapter 18 applies to any excavation in the vicinity of a gas pipeline:
RULE §18.6 GENERAL MARKING REQUIREMENTS
(b) Markings shall be valid for an excavation site for 14 days from the time a positive response is given, unless the markings were placed in response to an emergency and the emergency condition has ceased to exist. If a line locate ticket has been refreshed pursuant to §18.3(e) of this title, relating to Excavator Notice to Notification Center, then the operator shall either ensure that markings are still visible and valid or shall re-mark.
RULE §18.3 EXCAVATOR NOTICE TO NOTIFICATION CENTER
(e) If an excavation project is not completed at the time a line locate ticket expires, the excavator shall refresh the ticket by giving the notice described in subsection (a) of this section. A request to refresh shall be limited to the area yet to be excavated.
Answer:
Utilities Code Title 5 Chapter 251
Sec. 251.157. DUTY OF OPERATOR TO PERSON EXCAVATING. (a) Each Class A underground facility operator contacted by the notification system shall mark the approximate location of its underground facilities at or near the site of the proposed excavation if the operator believes that marking the location is necessary. The operator shall mark the location not later than: (1) the 48th hour after the time the excavator gives to the notification system notice of intent to excavate, excluding Saturdays, Sundays, and legal holidays; Not later than the 48th hour after the time the excavator gives to the notification center notice of intent to excavate, an operator contacted by the notification center shall notify the excavator of the operator's plans to not mark the proximate location of an underground facility at or near the site of the proposed excavation. The operator must provide the notification by e-mail or facsimile or by another verifiable electronic method approved by the board.
TAC Title 16 Part 1 Chapter 18 applies to any excavation in the vicinity of a gas pipeline:
RULE §18.5 Operator and Excavator Obligations with Respect to Positive Response
(a) Upon being contacted by the notification system, an operator shall provide a positive response within the time frames specified in Texas Utilities Code, Chapter 251, by either:
(1) marking the operator's underground pipelines in accordance with the requirements of Texas Utilities Code, Chapter 251, and this chapter; or
(2) notifying the excavator that the operator has no underground pipelines in the vicinity of the proposed excavation area. The operator shall provide this "all clear" or "no conflict" notice using the method or methods that the excavator specified in accordance with §18.3 of this title, relating to Excavator Notice to Notification Center.
(b) Both the excavator and the operator shall make a record of the positive response regarding each line locate ticket received.
(c) An excavator that gives a second notice to the notification center pursuant to §18.4(e) of this title, relating to Excavator Obligation to Avoid Damage to Underground Pipelines, because an operator failed to provide a positive response to an excavator shall report that fact to the Commission through TDRF as set forth in §18.11 of this title, relating to Reporting Requirements. An excavator shall also report an operator's failure to provide a positive response to a second call to the Commission through TDRF as specified in §18.11.
(d) An operator that receives a notice of damage to its underground pipeline through a notification center pursuant to §18.11(b) of this title, relating to reporting requirements, shall respond within four hours.
Answer:
Utilities Code Title 5 Sec. 251.201. CIVIL PENALTY OR WARNING LETTER. (a) An excavator that violates Section 251.151, 251.152, or 251.159
Sec. 251.151. DUTY OF AN EXCAVATOR. (a) Except as provided by Sections 251.155 and 251.156, a person who intends to excavate shall notify a notification center not earlier than the 14th day before the date the excavation is to begin or later than the 48th hour before the time the excavation is to begin, excluding Saturdays, Sundays, and legal holidays.
(b) Notwithstanding Subsection (a), if an excavator makes a Saturday notification, the excavator may begin the excavation the following Tuesday at 11:59 a.m. unless the intervening Monday is a holiday. If the intervening Monday is a holiday, the excavator may begin the excavation the following Wednesday at 11:59 a.m.
(c) To have a representative present during the excavation, the operator shall contact the excavator and advise the excavator of the operator's intent to be present during excavation and confirm the start time of the excavation. If the excavator wants to change the start time, the excavator shall notify the operator to set a mutually agreed?to time to begin the excavation.
Sec. 251.152. INFORMATION INCLUDED IN NOTICE. The excavator shall include in the notice required under Section 251.151:
(1) the name of the person serving the notice;
(2) the location of the proposed area of excavation, including:
(A) the street address, if available, and the location of the excavation at the street address; or
(B) if there is no street address, an accurate description of the excavation area using any available designations such as the closest street, road, or intersection;
(3) the name, address, and telephone number of the excavator or the excavator's company;
(4) the excavator's field telephone number, if one is available;
(5) the starting date and time and the anticipated completion date of excavation; and
(6) a statement as to whether explosives will be used.
Sec. 251.159. EXCAVATION DAMAGE. (a) If an excavation operation results in damage to an underground facility, the excavator shall immediately contact the underground facility operator to report the damage.
(b) If the excavator is not certain of the operator's identity, the excavator shall contact a notification center to report the damage, and the notification center shall immediately notify all other affected notification centers. Immediately on receiving notification, each notification center shall contact each member operator that has underground facilities in or near the area in which the damage occurred.
(c) Only the operator or a person authorized by the operator may perform repairs, and the repairs must be made in an expeditious manner.
(d) An excavator shall delay backfilling in the immediate area of the damage until the damage is reported to the operator and a repair schedule is mutually agreed to by the excavator and the operator.
(e) If damage endangers life, health, or property because of the presence of flammable material, the excavator shall keep sources of ignition away.
Answer:
Utilities Code Title 5 Sec. 251.002. Damage" means: (A) the defacing, scraping, displacement, penetration, destruction, or partial or complete severance of an underground facility or of any protective coating, housing, or other protective device of an underground facility;
(B) the weakening of structural or lateral support of an underground facility; or
(C) the failure to properly replace the backfill covering an underground facility.
Answer:
Utilities Code Title 5 Sec. 251.002 Excavator" means a person that excavates or intends to excavate in this state.
Utilities Code Title 5 Sec. 251.152. INFORMATION INCLUDED IN NOTICE. The excavator shall include in the notice required under Section 251.151:
(1) the name of the person serving the notice;
(2) the location of the proposed area of excavation, including:
(A) the street address, if available, and the location of the excavation at the street address; or
(B) if there is no street address, an accurate description of the excavation area using any available designations such as the closest street, road, or intersection;
(3) the name, address, and telephone number of the excavator or the excavator's company;
(4) the excavator's field telephone number, if one is available;
(5) a telephone facsimile number, e?mail address, or another electronic number or address approved by the board to which an operator may send the notification required by Section 251.157(d);
(6) the starting date and time and the anticipated completion date of excavation; and
(7) a statement as to whether explosives will be used.
Answer:
APWA Color Code
White = Purposed Excavation
Pink = Temporary Survey Markings
Red = Electric
Yellow = Gas, Oil or Steam
Orange = Communications
Blue = Water
Green = Sewers, Drains or Wastewater
Purple = Reclaimed Water or Slurry Lines
Utilities Code Title 5 Sec. 251.157. (b) An operator shall refer to the American Public Works Association color coding standards when marking.
Answer:
Emergency Messages – Messages involving situations in which life, health or property is endangered. These notifications shall be transmitted to the Members immediately after receipt at the Center, but no later than five (5) minutes of receipt of the Center. In addition to the normal data transmission, the Center operator shall place a voice call to all Members in the area of the emergency no later than ten (10) minutes from receipt at the Center.
Dig-Up Messages – Messages advising that an underground facility has been damaged. These notifications shall be transmitted to the Members immediately after receipt at the Center, but no later than five (5) minutes of receipt at the Center. In addition to the normal data transmission, the Center operator shall place a voice call to all Members in the area of the dig-up no later than ten (10) minutes from receipt at the Center at the option of the Member.
Non Compliant Messages – Messages advising that an excavation will begin within fourty eight (48) hours of the notification. Notifications will be transmitted to the Member within thirty (30) minutes of receipt at the Center.
Priority Messages – Messages advising that an excavation will take place more than four (4) hours, but less than two working days from the notification. Notifications will be transmitted to the Members within one (1) hour of receipt by the Center.
Routine Messages – Messages that have at least two working days (excluding weekends or holidays) notification time before excavation. Notifications will be transmitted to the Members within two (2) hours of receipt by the Center.
Survey Messages – Messages often requested for future excavations where design or engineering work is required at this time. At least two working days (excluding weekends or holidays) notification and no excavation will be taking place within the next 14 days. Notifications will be transmitted to the Members within two (2) hours of receipt by the Center.
Ticket Options
Overwrite – Overwrite is used to add, delete or correct information on a previous locate or to cancel an old locate. In the remarks of the ticket should be the word “OVERWRITE”, followed by the ticket number and an explanation of what information was changed on the ticket. Overwrite can only be used if the ticket is fairly recent.
Recall – This option is used to change information on a previous ticket. If there is a major change to a previous ticket (i.e. anything that could possibly change the database lookup – county, town, address, street, cross street, book map grid (Mapsco), lat/long grid), a new ticket must be done. Also, if the caller has the previous serial number, and says that the job status needs to be an EMERGENCY or DIGUP, the recall option must be used. Also, if the original ticket was an emergency or dig-up, the recall option must be used to make any kind of change, regardless of what the changes are. The ticket should say in the remarks the reason for recall.
No Response – This option is used to renotify a utility company that the caller claims did not respond to the original ticket.
Update – Update is used to update ongoing jobs. Usually locates are updated every 10 working days. The caller must provide the previous ticket number.
Project – This option is used when a job will be going over a distance. A project ticket is limited to 50 grids. A new ticket must be started for each county the work travels through.
Answer:
811 is a new national number assigned by the FCC for use in contacting your local One Call Center. The effective date of this number is April 13th 2007. The purpose is to provide an easily remembered number for accessing the One Call System.
Answer:
Calls received through the 811 service will be distributed equally between the three One Call Centers that operate in Texas. To be sure you are always speaking to a Customer Service Representative in Texas you will still need to dial 1-800-DIG-TESS. If your excavation site is across stateliness from where you are placing the call from, you will need to dial that states One Call Center directly.
Answer:
811 will not replace 1-800-DIG-TESS. The One Call process will remain the same and continue to notify your local affected utility companies, who will continue to mark your underground lines for free. With more than 62 local one call numbers across the country, 811 eliminates the confusion of multiple "Call Before You Dig" numbers by providing one national number you can call to get your lines marked. 811 is merely a different way of accessing the One Call Centers.
Answer:
Utility operators will mark the underground facilities that they own and operate up to the point of delivery to the consumer. For example a gas meter or electric meter is considered the point of delivery. Any piping or cable that is beyond the point of delivery is the responsibility of that property owner.
Answer:
DIG-TESS provides free safety meetings which cover Chapter 251 and Chapter 18 as well as industry accepted safe excavation practices. Contact dougmeeks@digtess.org or jimbobsims@digtess.org to schedule a safety meeting for your employees.