Chapter 27. Underground Facilities Protection.
§ 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;
(C) Electric energy;
(D) Communication services, including cable television, telephone, video, data, and internet services;
(E) Sewage disposal and drainage;
(F) Water; or
(G) Steam.
§ 34–2702. Formation and operation of 1-call center.
(a) All utility operators doing business or having underground facilities in the District of Columbia shall form and operate a one-call center for the mutual receipt of notification of proposed excavation or demolition operations within the District of Columbia. The one-call center, to which notification concerning proposed excavation or demolition should be directed, shall file with the Mayor the telephone number and address of such center, and a list of the name and address of each utility operator participating in the operation of the center.
(b) All agencies or instrumentalities of the District of Columbia owning, leasing, maintaining, or otherwise possessing an interest in underground facilities shall join and participate in the one-call center. The name and address of each District agency or instrumentality participating in the operation of the one-call center shall be included in the list transmitted by the one-call center to the Mayor.
(c) The one-call center shall provide call records to the Department of Consumer and Regulatory Affairs for enforcement purposes pursuant to § 34-2707(d) .
§ 34–2703. Availability of permit drawings.
The Mayor shall make available to each utility operator a copy of all approved permit drawings, including those which bear the exact nature and location of all excavation to be carried out, as they are issued to persons for excavation or demolition in public space where utility facilities exist. Applicants for permits will provide additional copies of plans as required for this purpose.
§ 34–2703.01. Information sharing for planning and design purposes.
To increase safety, and minimize hazard, repair costs, and work to complete a project requiring excavation, DDOT, the Mayor, and all affected utility companies may enter into a Memorandum of Understanding for the use of sharing appropriate information on underground utility locations at the design stage.
§ 34–2704. Notification prior to excavation.
(a) Except as provided in § 34-2709, no person shall excavate or engage in demolition in a street, highway, or public space, or on private property, without first notifying at least 96 hours, but no more than 10 days (excluding Saturdays, Sundays, and legal holidays) ('time limit"), before the commencement of the proposed excavation or demolition, each utility operator that may have underground facilities in the area of the proposed excavation or demolition. The notification shall be accomplished by the person notifying the one-call center, in any manner approved by the one-call center, within the time limit, and the one-call center shall, in turn, notify the appropriate utility operators.
(b) The notice required by subsection (a) of this section must contain the name, address, and telephone number of the person responsible for the proposed excavation or demolition, the utility job number, the planned starting date, the anticipated duration, the type of excavation or demolition work to be conducted, the location of the proposed excavation or demolition, with a maximum length per notice of 1,320 feet, and whether or not explosives are to be used.
(c)(1) If it is determined by a utility operator that a proposed excavation or demolition is planned in such proximity to an underground facility that the underground facility may be damaged, dislocated, or disturbed, the utility operator shall identify the approximate horizontal location of the underground facility on the ground to within 2 feet from the outermost part of the underground facility within 72 hours (excluding Saturdays, Sundays, and legal holidays) by marking, staking, locating, or otherwise providing the location of the utility operator's underground facility. The method of identifying the location shall conform to standards and requirements, including the use of the color-coding system, established in regulations issued by the Mayor.
(2) If it is determined by a District of Columbia agency or instrumentality that a proposed excavation or demolition is planned in such proximity to an underground facility that the facility may be damaged, dislocated, or disturbed, the District of Columbia agency or instrumentality shall identify the approximate horizontal location of the underground facility on the ground to within 2 feet from the outermost part of the underground facility within 72 hours (excluding Saturdays, Sundays, and legal holidays) by marking, staking, locating, or otherwise providing the location of the District of Columbia agency or instrumentality underground facility. The method of identifying the location shall conform to standards or requirements, including the use of the color-coding system, established in regulations issued by the Mayor.
(3) After receiving notice from the one-call center as described in subsection (a) of this section, a utility operator shall, within 72 hours, notify the one-call center whether it has marked its underground facilities as required by this section, determined that it has no underground facilities that are required to be marked, or provide another valid response to the status of the ticket. No person may begin excavation or demolition until receiving notification from the one-call center that the notices from the utility operators have been provided.
(d)(1) When the actual excavation or demolition operation enters the immediate vicinity of an underground facility, the person responsible for excavation or demolition shall provide adequate protection to the underground facility, including the provision of support as needed, and expose the underground facility by hand digging.
(2) For the purposes of this subsection, the term "immediate vicinity of an underground facility" means the space within 18 inches from the outermost part of the underground facility to the proposed excavation marked in the field.
(e) Repealed.
(f) Repealed.
(g) The notification through the one-call center is valid for 15 days excluding Saturdays, Sundays, and legal holidays, from the time of notification to the one-call center. Three days before the end of the 15-day period, or at any time when line-location markings on the ground become illegible, the person excavating or demolishing shall contact the one-call center and request the re-marking of the lines. The utility operator shall re-mark the lines as soon as possible. However, the re-marking of the lines shall be completed within 48 hours from the time of the request.
(h) For the purposes of this section, a District of Columbia agency or instrumentality shall mark buried infrastructure for traffic operations, including streetlights and traffic signals.
§ 34–2705. Requirements of person responsible for excavation or demolition.
(a) In addition to the requirements of § 34-2704, each person responsible for an excavation or demolition operation shall:
(1) Plan the excavation or demolition to avoid damage to or minimize interference with underground facilities in and near the construction area;
(2) Maintain a clearance between an underground facility and the cutting edge or point of any mechanized equipment, taking into account the known limit of control of such cutting edge or point as may be reasonably necessary to avoid damage to such underground facility; and
(3) Provide such support for underground facilities in and near the construction area, including support during backfilling operations, as may be reasonably necessary for the protection of such facilities.
(b) If a facility is damaged, under no circumstances shall a contractor backfill an excavation without first receiving permission from the utility operator whose facility was damaged.
(c) Nothing in this chapter shall excuse the failure to obtain a permit to excavate in public space in compliance with § 9-431.01.
(d) Persons and operators excavating for routine maintenance, including patch-type paving, will not be required to comply with the notification and marking procedures of this chapter, if they excavate within the limits of the original excavation, and if the excavation does not exceed 12 inches in depth below the grade existing prior to said excavation.
(e) If a person engaged in or preparing to engage in excavation or demolition observes evidence of the presence of an unmarked underground facility in the area of a planned or ongoing excavation or demolition or observes a discrepancy between the marked or unmarked underground facilities, the person may not begin or continue the excavation or demolition unless the person:
(1) Has repeated the notification to the one-call center required by § 34-2704; and
(2) Has received notification from the one-call center that the notices from the utility operators required by § 34-2704(c)(3) have been provided.
§ 34–2706. Damage caused by excavation or demolition.
(a) Except as provided in subsection (b) of this section, each person responsible for any excavation or demolition operation which results in damage to an underground facility shall, immediately upon discovery of such damage, notify the operator of such facility of the location and the nature of the damage, and shall allow the operator reasonable time to accomplish necessary repairs before continuing the excavation or demolition in the immediate area of the damaged facility.
(b) Each person responsible for any excavation or demolition operation that results in damage to an underground facility, permitting the escape of any flammable, toxic, or corrosive gas or liquid shall, immediately upon discovery of such damage, notify the utility operator, 911, and any other agency identified by the Mayor and take any other action which may be reasonably necessary to protect persons and property.
§ 34–2707. Liability for damages; civil penalty.
(a) Except as provided in subsection (b) of this section, if any underground facility is damaged through the fault of any person, that person shall be liable to the owner of the underground facility for the total cost of the repair or, if necessary, the replacement of the damaged underground facility.
(b) If any underground facility is damaged by any person carrying out excavation or demolition without having complied with the notice provisions of this chapter, that person shall be liable to the owner of the underground facility for treble the cost of the repair or replacement of the damaged underground facility.
(c) Any person who violates any provision of this chapter shall be subject to a civil penalty of $2,500 for the first violation, $5,000 for the second violation, and $10,000 for the third or subsequent violation. Action to recover the civil penalties provided for in this section shall be brought by the Attorney General for the District of Columbia in the Superior Court of the District of Columbia. All penalties recovered from such action, including reasonable attorney's fees, shall be paid into the General Fund of the District of Columbia.
(d) Civil fines and penalties may be imposed by the Mayor pursuant to Chapter 18 of Title 2 ("Civil Infractions Act") as alternative sanctions for any violations of the provisions of this chapter or rules issued pursuant to this chapter. The adjudication of any such infraction, fine, or penalty shall be pursuant to the Civil Infractions Act.
§ 34–2708. Mandamus or injunction.
If any person proposes to engage or is engaging in excavation or demolition in the District of Columbia without complying with this chapter, or in a negligent or unsafe manner, or by using a procedure which has resulted in, or is likely to result in, damage to an underground facility, the owner of such underground facility or the Attorney General for the District of Columbia may commence an action in the Superior Court of the District of Columbia, for the purpose of having such negligent or unsafe excavation or demolition stopped and prevented, by either mandamus or injunction. The Court may join as parties any persons necessary or proper to make its judgment or process effective and, if appropriate, shall issue a final order granting such relief.
§ 34–2709. Emergency excavation or demolition.
Compliance with the notice requirements of § 34-2704 shall not be required for an emergency excavation or demolition involving an imminent danger to life, health, or property; provided, that reasonable precautions have been taken to protect underground facilities. The appropriate utility operators shall, in any event, be notified directly and as soon as possible. The appropriate utility operator shall respond by marking the approximate horizontal location of the underground facility within 2 hours of notification of the emergency excavation or demolition, where practicable. An imminent danger to life, health, or property exists whenever there is a substantial likelihood that loss of life, health, or property will result before the procedures under § 34-2704 can be fully complied with.
§ 34–2710. Public education; advisory committee.
(a) The Mayor may provide education programs, collect and report data, require reporting by entities who are subject to this chapter, and take other action to develop an effective damage prevention program as described in 49 U.S.C. § 60134 and regulations issued to implement 49 U.S.C. § 60134.
(b)(1) The Mayor may establish an advisory committee to advise on the implementation of this chapter and shall nominate and appoint persons to serve on the advisory committee pursuant to § 1-523.01(f).
(2)(A) The Mayor may appoint persons to fulfill the provisions of this chapter; provided, that the membership of the advisory committee includes representation from each utility operator, the Public Service Commission, the one-call center, the excavation industry, and utility locator services.
(B) The advisory committee shall be solely advisory in nature and shall not have authority to act for or on behalf of the Mayor.
(3) A member appointed pursuant to this section shall serve a term of 2 years. A member may be reappointed but shall not serve more than 2 consecutive terms.
§ 34–2711. Rulemaking.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement this chapter.
