N.J. Admin. Code § 14:2-4.2

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

Section 14:2-4.2 - Operators-basic requirements

(a) An operator shall ensure that it is fully equipped and available to receive from the One-Call center the information required pursuant to N.J.A.C. 14:2-3.2 regarding a planned excavation or demolition.

(b) If an operator fails to participate in and comply with the requirements of the One-Call Damage Prevention System in violation of N.J.S.A. 48:2-80 and an underground facility of such operator is damaged by an excavator or responsible contractor by reason of the excavator's or responsible contractor's failure to notify the operator because the operator was not a member of the One-Call Damage Prevention System, such operator shall have no right of recovery from the excavator or responsible contractor of any costs associated with the damage to its lines.

(c) Excluding operators that are exempt, in accordance with N.J.A.C. 14:2-4.1(b), any operator that fails to mark, locate, or otherwise provide the position and number of its underground facilities, which may be affected by a planned excavation or demolition, shall be liable for any costs, labor, parts, equipment, and personnel downtime, incurred by an excavator damaging a facility owned, operated, or controlled by the operator.

(d) Within three business days after receiving information from the System operator regarding a planned excavation or demolition, an operator shall provide an electronic positive response to the System operator and do either of the following:

1. If the operator owns, operates, or controls the operation of any underground facilities on the site, the operator shall mark out the site as required pursuant to N.J.A.C. 14:2-5, except if a facility is exempt from markout requirements pursuant to N.J.A.C. 14:2-4.1(b) or (c); or

2. If the operator does not own, operate, or control the operation of any underground facilities on the site, the operator shall notify the excavator of that fact.

(e) An operator shall provide to the excavator specifications for supporting any underground facility on the site, which requires physical support during excavation or demolition, including the type, strength, and arrangement of the support. In accordance with N.J.A.C. 14:2-3.3, if the parties mutually agree, the operator shall provide such support.

(f) If an operator receives a request from the One-Call center for an emergency markout, the operator shall:

1. Immediately dispatch appropriate personnel to the site in accordance with the emergency provisions at 14:2-4.4; or

2. If the operator does not own, operate, or control any underground facilities on the site, the operator shall immediately notify the excavator of that fact. If the operator cannot confirm that the excavator is aware that the operator does not own, operate, or control any underground facilities on the site, the operator shall immediately dispatch appropriate personnel to the site.

(g) The requirements at (f) above shall apply to all operators that receive a request from the One-Call center for an emergency markout, regardless of whether the operators' underground facilities are involved in the emergency or not.

N.J. Admin. Code § 14:2-4.2

New Rule, R.2007 d.298, effective 10/15/2007.
See: 39 N.J.R. 1232(a), 39 N.J.R. 4422(b).
Former N.J.A.C. 14:2-4.2, Duties of excavators, recodified to N.J.A.C. 14:2-3.3.

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