§ 34–2701. Definitions.

For the purposes of this chapter:

(1) "Demolition" or "demolish" means any operation by which a structure or mass of material is wrecked, razed, moved, or removed by means of any tool, equipment, or explosive.

(2) "Excavate" or "excavation" means any operation in which earth, rock, or other material in or on the ground is moved, removed, or otherwise displaced by means of any tool, equipment, or explosive, including grading, trenching, digging, ditching, drilling, boring, augering, tunneling, scraping, cable or pipe plowing and driving, wrecking, razing, moving, using equipment, trenchless technology, or removing any structure or mass of material.

(3) "One-call center" means the organization among the purposes of which it has is to notify one or more utility operators of planned excavation activities or demolition in a specified area.

(4) "Owner" in cases of water, sewage, or drainage, means the District of Columbia, including the District of Columbia Water and Sewer Authority.

(5) "Person" means any individual, firm, joint venture, partnership, corporation, association, or any other legal entity, including any governmental body or authority or subdivision of a governmental body or authority, including any trustee, receiver, assignee, or personal representative thereof.

(6) "Underground facility" means any item of personal property, including utility lines, pipes, sewers, conduits, cables, valves, lines, wires, manholes, switches, equipment, traffic signal and street light equipment, attachments, and those portions of poles located below the ground, which are buried, placed below ground, or submerged for use in connection with the storage or conveyance of any material or service listed in paragraph (8) of this section.

(7) "Utility line" means any cable, pipeline, or other conduit installed underground by which a utility operator furnishes materials or services.

(8) "Utility operator" means a person, including the District of Columbia Water and Sewer Authority, that supplies or transports any of the following materials or services by means of a utility line:

(A) Gas of any kind, including flammable, toxic, or corrosive gas;

(B) Liquids of any kind, including coal slurry, petroleum, and petroleum products;

(D) Communication services, including cable television, telephone, video, data, and internet services;

(E) Sewage disposal and drainage;

(F) Water; or

(G) Steam.

(Mar. 4, 1981, D.C. Law 3-129, § 2, 28 DCR 264; Apr. 20, 1999, D.C. Law 12-264, § 48, 46 DCR 2118; May 23, 2000, D.C. Law 13-114, § 2(a), 47 DCR 1993; Mar. 16, 2021, D.C. Law 23-186, § 2(a), 68 DCR 001024.)

Prior Codifications

1981 Ed., § 43-1701.

Effect of Amendments

D.C. Law 13-114 in subd. (5) rewrote the introductory text which previously read:

“The term ‘public utility operator’ means a person, other than an agency of the District of Columbia, who supplies or transports any of the following materials or services by means of a utility line:”; and rewrote subpar. (B), which previously read:

“(B) Liquids other than water, including such liquids as coal slurry, petroleum, petroleum products, or other hazardous liquids;”; and following “(G) Steam”, deleted “Except, that the District of Columbia government shall not be included.”

Emergency Legislation

For temporary (90 day) provisions, see § 2 of Utility Line Emergency Act of 2008 (D.C. Act 17-568, November 3, 2008, 55 DCR 12110).

Temporary Legislation

For temporary (225 day) addition, see § 2 of Utility Line Temporary Act of 2008 (D.C. Law 17-301, March 20, 2009, law notification 56 DCR 3012).