N.J. Admin. Code § 14:2-4.4

Current through Register Vol. 56, No. 18, September 16, 2024

Section 14:2-4.4 - Operators-accidents and emergencies

(a) Operators shall ensure that employees who are qualified to accept and respond to reports of accidents, damage, and emergencies involving underground facilities, are available at all times of the day and night throughout the year. Each operator shall provide the Board with the names and titles of these qualified response personnel, as part of every report required pursuant to (j) below.

(b) When an operator receives a report of an emergency, the operator shall do all of the following immediately, and in all cases within one hour after learning of the emergency:

1. Dispatch appropriate personnel to the site to assist in locating and protecting underground facilities;

2. Take any other action necessary to assist in minimizing danger and/or damage; and

3. Update the electronic positive response with the appropriate status ("marked," "cleared," or "dispatched").

(c) Each operator shall report any One-Call incident, as defined at N.J.A.C. 14:2-1.2, to the Board in accordance with the reporting procedures for reportable accidents found in the Board's rules for all utilities at N.J.A.C. 14:3-6.4. Should there be any inconsistency between the reporting procedures at N.J.A.C. 14:3-6.4 and those of this subchapter, the more stringent requirement shall govern.

(d) Whenever an operator is notified of a One-Call incident, the operator shall immediately, and in no event later than one hour after notice of the incident, contact the Board's Division of Reliability and Security through email and shall provide the location and a brief description of the incident.

(e) Operators should consider the use of Terrestrial LiDAR, Ground Penetrating Radar, or other surveying technologies to record the scene of a One-Call incident when damage to an underground facility results in property damage amounting to $122,000 or more, or causes bodily injury, or as requested by Board staff.

(f) If the underground facilities of a public utility are affected by an occurrence that meets both the definition of a reportable accident under N.J.A.C. 14:3-6 and a One-Call incident under this chapter, the utility shall comply with the procedures for a reportable accident under N.J.A.C. 14:3-6, and shall also notify the Board in accordance with the requirements for a One-Call incident under (d) above.

(g) As soon as possible after a One-Call incident, and in no case later than 15 calendar days afterwards, the underground facility operator shall follow up the initial notice required under this section with a detailed written report. The written report shall include all significant facts of which the underground facility operator is aware regarding the location and cause of the incident, and the extent of any damage and/or injuries.

(h) Any person who obstructs an inspection or investigation by taking actions that were known or reasonably should have been known to prevent, hinder, or impede an investigation without good cause will be subject to administrative and/or criminal penalties, as allowed by statute.

(i) Each operator of an underground facility that handles natural gas or hazardous liquids shall submit a "hits report" listing any damage, emergency, or One-Call incident involving the operator's natural gas or hazardous liquids facilities. The report shall be submitted to the Board by the close of business on Tuesday of the week following any two-week period in which any such damage, emergency, or One-Call incident has occurred.

(j) All operators shall submit the following report(s) to the Board, as applicable:

1. An operator with facilities that have sustained any damage, as defined at N.J.A.C. 14:2-1.2, during a quarter shall submit a "hits report," including all damage occurring to its facilities during that quarter. No quarterly report is required from an operator that has had no damage to its facilities during that quarter;

2. Any operator that has had no damage to its facilities during a year shall submit an annual "no hits" report. The "no hits" report shall be submitted on January 30th of each year; and

3. Reports required pursuant to this subsection shall contain the contact information for the qualified response personnel described pursuant to (a) above.

(k) Each operator shall maintain a paper or electronic record of all damage, as defined at N.J.A.C. 14:2-1.2, to its underground facilities, including any damage reported by an excavator in accordance with N.J.A.C. 14:2-3.4, for seven years after the damage occurred.

(l) Reports and records may be submitted to the Board on paper or electronically, except where another method is required pursuant to this chapter or a Board rule or order.

N.J. Admin. Code § 14:2-4.4

New Rule, R.2000 d.1, effective 1/3/2000.
See: 30 N.J.R. 4130(a), 32 N.J.R. 63(a).
Recodified from N.J.A.C. 14:2-4.3 by R.2002 d.107, effective 4/1/2002.
See: 33 N.J.R. 2606(a), 34 N.J.R. 1458(a).
Repeal and New Rule, R.2007 d.298, effective 10/15/2007.
See: 39 N.J.R. 1232(a), 39 N.J.R. 4422(b).
Section was "Accident reporting".

Amended by 54 N.J.R. 1417(a), effective 7/18/2022