Kansas Statutes 66-1804. Notice of intent of excavation; requirements
Terms Used In Kansas Statutes 66-1804
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Emergency: means any condition constituting a clear and present danger to life, health or property, or a customer service outage. See Kansas Statutes 66-1802
- Excavation: means any operation in which earth, rock or other material below the surface is moved or otherwise displaced by any means, except tilling the soil for normal agricultural purposes, or railroad or road and ditch maintenance that does not change the existing railroad grade, road grade and/or ditch flowline, or operations related to exploration and production of crude oil or natural gas, or both. See Kansas Statutes 66-1802
- Excavator: means any person who engages directly in excavation activities within the state of Kansas, but shall not include any occupant of a dwelling who: (1) Uses such dwelling as a primary residence; and (2) excavates on the premises of such dwelling. See Kansas Statutes 66-1802
- Operator: means any person who owns or leases an underground tier 1 or tier 2 facility, except for any person who is the owner of real property wherein is located underground facilities for the purpose of furnishing services or materials only to such person or occupants of such property. See Kansas Statutes 66-1802
- Permitted project: means a project where a permit for the work to be performed must be issued by a city, county, state or federal agency and, as a prerequisite to receiving such permit, the applicant must serve notice of intent of excavation to all operators of underground facilities in the area of the work and in the vicinity of the excavation. See Kansas Statutes 66-1802
- Person: means any individual, partnership, corporation, association, franchise holder, state, city, county or any governmental subdivision or instrumentality of a state and its employees, agents or legal representatives. See Kansas Statutes 66-1802
- Preengineered project: means a public project or a project that is approved by a public agency wherein the public agency responsible for the project, as part of its engineering and contract procedures, holds a meeting prior to the commencement of any construction work on such project in which all persons, determined by the public agency to have underground facilities located within the construction area of the project, are invited to attend and given an opportunity to verify or inform the public agency of the location of their underground facilities, if any, within the construction area and where the location of all known and underground facilities are duly located or noted on the engineering drawing as specifications for the project. See Kansas Statutes 66-1802
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) Except in the case of an emergency, an excavator shall serve notice of intent of excavation at least two full working days but not more than 20 calendar days before the scheduled excavation start date, on each operator having underground tier 1 facilities located in the proposed area of excavation.
(b) An excavator may serve notice of intent of excavation at least two full working days but not more than 20 calendar days before the scheduled excavation start date, on each operator of tier 2 facilities located in the proposed area of excavation.
(c) The notice of intent to excavate or any subsequent updates shall be valid for 20 calendar days after the excavation start date and such notice shall only describe an area in which the proposed excavation reasonably can be completed within the 20 calendar days.
(d) Notwithstanding the provisions of subsections (a) through (c), the state corporation commission may adjust the extent of time that a notice of intent to excavate is valid in accordance with rules and regulation adopted by the commission pursuant to Kan. Stat. Ann. § 66-1815, and amendments thereto.
(e) No person shall make repeated requests for remarking unless the request is due to circumstances not reasonably within the control of such person.
(f) The notice of intent of excavation shall contain the name, address and telephone number of the person filing the notice of intent, the name of the excavator, the date the excavation activity is to commence and the type of excavation being planned. The notice shall also contain the specific location of the excavation.
(g) The person filing the notice of intent to excavate shall, at the request of the operator, whiteline the proposed excavation site.
(h) The provisions of this section shall not apply to a preengineered project or a permitted project, except that the excavators shall be required to give notification in accordance with this section prior to starting such project.