N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 753-4.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 753-4.9 - Operator's response to notices of contact or damage, facilities in danger of failing and discovery of unknown underground facilities

(a) Upon receipt of a notice from an excavator or a one-call notification system reporting contact or damage to an underground facility, the operator shall immediately inspect such facility and make the necessary repairs or shall advise the excavator that the excavation work may proceed.

(b) Such repairs may be performed by the operator or by others authorized by him or her, including the excavator.

(c) Upon receipt of a notice from an excavator or a one-call notification system of the discovery of an underground facility in danger of failing, the operator shall respond immediately and take any necessary action in regard thereto, and advise the excavator as to whether he or she may proceed in the immediate area.

(d) When an operator has been notified by an excavator or a one-call notification system that an unknown underground facility has been discovered in the course of the excavator's work, such operator shall immediately determine whether or not such discovered facility is his or hers by means of records, on-site inspection or otherwise, and as soon as practicable either:

(1) advise the excavator that the unknown facility is not his or hers; or

(2) if such facility does belong to him or her, advise the excavator on how to proceed and of any special requirements the operator deems necessary.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 753-4.9