Slide1 : Nonprofit Organization 700 Member Companies
Title 5, Chapter 251 One-Call Center Operation : I. The Excavator calls the One-Call Center and selects English or Spanish. Title 5, Chapter 251 One-Call Center Operation 1-800-344-8377
Slide3 : II. The Call Center Operator takes information about the job.
Slide4 : III. The Center Operator tells the Excavator who will be notified... and gives a Reference Number as proof of call.
Slide5 : IV. The One Call Center transmits a Locate Request to Members... and, if necessary, the Members mark lines in the area of the excavation.
Slide6 : V. The One-Call Center will also send the message to other call centers within two hours. 2nd Call Center 3rd Call Center 1st Call Center These call centers transmit messages as necessary within two hours.
Slide8 : 1-800-DIG TESS Texas law requires at least 2 working days notice. · Identify your construction zone in white. · Observe the Uniform Color Code. · If marks are removed or altered, call for a re-mark. Four Steps to Safer Excavation:
Tolerance Zone : Tolerance Zone is not clearly stated in Texas Law
Slide10 : 1-800-DIG TESS Texas law requires at least 2 working days notice. · Identify your construction zone in white. · Observe the Uniform Color Code. · If marks are removed or altered, call for a re-mark. Follow safe excavation practices and hand dig when appropriate. Four Steps to Safer Excavation:
Title 5, Chapter 251 Provisions : Title 5, Chapter 251 Provisions Class “A” Facility Owners/Operators must join Notification Center Class “B” Owners/Operators may participate voluntarily (Water, Sewer, Slurry) Most Excavators Must Call Before Digging (Power equipment, 16 inches deep) Advance Notice Required (At Least 48-Hours, Not More Than 14-Days, excluding Sat, Sun, Holidays) Electric, Communications (incl. CATV), Gas, Oil, Steam, etc.
Slide12 : Facility Owner/Operators must locate, if necessary, within 48-hours Facility damage must be reported to facility owner immediately - don’t repair or backfill Half day on Saturday is a workday
Slide13 : TxDOT employees on state highway digging less than 24”, no more than 10’ from R-O-W
If You Strike a Pipeline : If You Strike a Pipeline Leave the equipment, move cross wind or upwind and if possible upgrade.
Call 911
Contact the Pipeline Company
Call 1-800-DIG-TESS
excavation may begin immediately with reasonable care, call when reasonably possible : excavation may begin immediately with reasonable care, call when reasonably possible Emergency
What is considered an EMERGENCY EXCAVATION? : What is considered an EMERGENCY EXCAVATION? “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.”
Slide20 : Second Offense: $1000 - $2000* Third Offense: $2000 - $5000*
Slide21 : Not waiting two working days Not reporting a damage utility line to it’s owner
Slide22 : Additionally excavators may be required to attend an approved safety training course.
Federal Law : Federal Law Public Law 103-272 – Effective date July 5,1994
Sec. 60123, Criminal Penalties
(a)General Penalty.
A person knowingly and willfully violating section 60114(c) or 60118(a) of this title or a order issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both
(b)Penalty for Damaging or Destroying Facility.
A person knowingly and willfully damaging or destroying, or attempting to damage or destroy, an interstate gas pipeline facility or interstate hazardous liquid pipeline facility shall be fined under title 18, imprisoned for not more than 15 years, or both
(c)A person knowingly and willfully defacing, damaging, removing, or destroying a pipeline sign or right-of-way marker required by a law or regulation of the United States shall be fined under title 18, imprisoned for not more than 1 year, or both.
Slide24 : Federal Law - Continued (d)Penalty For Not Using One-Call Notification System Or Not heading Location Information Or Markings.
A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person knowingly and willfully –
(1) Engages in an excavation activity
(A) without first using an available one-call notification system to establish the location of underground facilities in the excavation area; or
(B) without paying attention to appropriate location information or markings the operator of a pipeline facility establishes; and
(2) subsequently damages –
(A) a pipeline facility that results in death, serious bodily h arm, or actual damage to property of more than $50,000; or
(B) a hazardous liquid pipeline facility that results in the release of more than 50 barrels of product.
Federal Law - Continued : Federal Law - Continued Section 304(c) OSHA Notification: Public Law 102-508
The Secretary of Transportation shall,in consultation with OSHA establish procedures to notify such Administration of any pipeline accident in which an excavator, causing damage to a pipeline, may have violated OSHA regulations (Procedures enacted on 01-04-1994
Federal Law – (not covered by OSHA) : Federal Law – (not covered by OSHA) 49 CFR 190.229
(c) Any person who willfully and knowingly injures or destroys, or attempts to injure or destroy, any interstate transmission facility, any interstate pipeline facility, or any intrastate pipeline facility used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce (as those terms are defined in 49 U.S.C. 60101 et seq.) shall, upon conviction, be subject for each offense to a fine of not more than $25,000, imprisonment for a term not to exceed 15 years, or both.
* * * * *
(e) Any person who willfully and knowingly engages in excavation activity without first using an available one-call notification system to establish the location of underground facilities in the excavation area; or without considering location information or markings established by a pipeline facility operator; and (1) Subsequently damages a pipeline facility resulting in death, serious bodily harm, or property damage exceeding $50,000; (2) Subsequently damages a pipeline facility and knows or has reason to know of the damage but fails to promptly report the damage to the operator and to the appropriate authorities; or (3) Subsequently damages a hazardous liquid pipeline facility that results in the release of more than 50 barrels of product; shall, upon conviction, be subject for each offense to a fine of not more than $5,000, imprisonment for a term not to exceed 5 years, or both.
Slide27 : YELLOW: Gas, Oil, Steam RED: Electric -Trans & Dist PURPLE: Reclaimed Water ORANGE: Communications BLUE: Drinking Water GREEN: Wastewater WHITE: Excavation Limits PINK: Temporary Survey