D.C. Mun. Regs. tit. 24, r. 24-3403

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 24-3403 - PERMITS TO EXCAVATE
3403.1

The Excavation Permit shall specify the location, extent, and method of the Excavation, the start date and duration of the Excavation, the Permittee to whom the Permit is issued, and any conditions placed on the Permit. The Permit term shall be sixty (60) calendar days from the date the work is scheduled to commence as indicated on the Permit, unless the applicant requests a waiver of the 60-calendar day term in writing when the application is submitted. In order to receive a waiver, the applicant shall demonstrate why the work to be authorized cannot be completed within sixty (60) calendar days. In addition, a Permittee may seek a renewal of its Permit for major construction projects.

3403.2

Except as provided in subsection 3403.3, Excavation Permits shall be void if the Excavation has not begun within thirty (30) calendar days of the commencement date specified in the Permit, if the Excavation is not prosecuted diligently to its conclusion, or if the Excavation, including restoration, has not been completed within the specified duration.

3403.3

The Director, in his or her discretion, may issue extensions to the commencement date, the duration of the Excavation, or both upon written request from the Permittee.

3403.4

Permittee shall notify the Department at least two (2) business days prior to the commencement of work in the Public Space. Permittee shall notify the Department within twenty-four (24) hours after completion of work in the Public Space.

3403.5

Prior to the start of work, all Permittees shall submit a list of all contractors and subcontractors working pursuant to the permit issued.

3403.6

Contractor and subcontractor lists shall be amended throughout the excavation project as necessary. The District shall be given a minimum of twenty-four (24) hours notice of any change of contractor or subcontractor.

3403.7

All work in the Public Space and Public Right-of-Way shall be performed in accordance with the most recent edition of the District of Columbia Department of Transportation Standard Specifications for Highways and Structures, or its successor, and shall be subject to the regulation, control and direction of the Director.

3403.8

All work done in connection with the laying, construction, operation, maintenance, repair and replacement of Public Space or Public Right-of-Way Facilities, transmission lines, and conduits shall be in compliance with all applicable laws, rules and regulations of the District and the United States.

3403.9

Emergency Excavation. Nothing contained in this Chapter shall be construed to prevent any person from taking any action necessary for the preservation of life or property or for the restoration of interrupted service provided by a utility when such necessity arises during days or times when the Department is closed. In the event that any Person takes any action to Excavate or cause to be Excavated the Public Right-of-Way pursuant to this Chapter, such person shall apply for an emergency Permit within four hours after the Department's offices are first opened. The Applicant for an emergency Permit shall submit a written statement of the basis of the emergency action and describe the Excavation performed and any work remaining to be performed.

3403.10

A fine or permit suspension or revocation may be imposed for failure of the Permittee to comply with this chapter, other applicable federal and District laws and regulations, or the terms and conditions of the Permit.

D.C. Mun. Regs. tit. 24, r. 24-3403

Final Rulemaking published at 47 DCR 2360 (March 31, 2000); as amended by Final Rulemaking published at 47 DCR 9505 (December 1, 2000); as amended by Final Rulemaking published at 50 DCR 1905 (February 28, 2003); amended by Final Rulemaking published at 67 DCR 1530 (2/14/2020); amended by Final Rulemaking published at 70 DCR 3090 (3/10/2023)