Section 6-77-163 - Damage prevention program(a) Except for pipelines listed in subsection (c), each operator of a buried pipeline shall carry out in accordance with this section a written program to prevent damage to that pipeline by excavation activities. For the purpose of this section, "excavation activities" include excavation, blasting, boring, tunneling, backfilling, the removal of the above ground structures by either explosive or mechanical means, and other earth moving operations. An operator may perform any of the duties required by subsection (b) through participation in a public service program, such as a "one-call" system, but such participation does not relieve the operator of responsibility for compliance with this section.(b) The damage prevention program required by subsection (a) must, at a minimum: (1) Include the identity, on a current basis, of persons who normally engage in excavation activities in the area in which the pipeline is located;(2) Provide for notification of the public in the vicinity of the pipeline and actual notification of the persons, identified in paragraph (1), of the following as often as needed to make them aware of the damage prevention program:(A) The program's existence and purpose; and(B) How to learn the location of underground pipelines before excavation activities are begun;(3) Provide a means of receiving and recording notification of planned excavation activities;(4) If the operator has buried pipelines in the area of excavation activity, provide for actual notification of persons who give notice of their intent to excavate of the type of temporary marking to be provided and how to identify the markings;(5) Provide for temporary marking of buried pipelines in the area of excavation activity before, as far as practical, the activity begins;(6) Provide as follows for inspection of pipelines that an operator has reason to believe could be damaged by excavation activities:(A) The inspection must be done as frequently as necessary during and after the activities to verify the integrity of the pipeline; and(B) In the case of blasting, any inspection must include leakage surveys.(c) A damage prevention program under this section is not required for the following pipelines: (1) Pipelines in a Class 1 or 2 location;(2) Pipelines in a Class 3 location defined by section 6-77-14(d)(2) that are marked in accordance with section 6-77-176;(3) Pipelines to which access is physically controlled by the operator;(4) Pipelines that are part of a petroleum gas system subject to section 6-77-16 or part of a distribution system operated by a person in connection with that person's leasing of real property or by a condominium or cooperative association.[Eff ] (Auth: HRS § 269-6) (Imp: 49 C.F.R. §192.614, OCT 1, 1990)