Kansas Statutes 66-1807. Emergency excavations
Terms Used In Kansas Statutes 66-1807
- 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
- Facility: means any sanitary sewer or underground line, system or structure used for transporting, gathering, storing, conveying, transmitting or distributing potable water, gas, electricity, communication, crude oil, refined or processed petroleum, petroleum products or hazardous liquids. See Kansas Statutes 66-1802
- Notification center: means the statewide communication system operated by an organization which has as one of its purposes to receive and record notification of planned excavation in the state from excavators and to disseminate such notification of planned excavation to operators who are members and participants. 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
- 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
- Property: includes personal and real property. See Kansas Statutes 77-201
(a) In the case of an emergency which involves danger to life, health or property or which requires immediate correction in order to continue the operation of an industrial plant or to assure the continuity of public utility service, excavation, maintenance or repairs may be made without using explosives, if notice and advice thereof, whether in writing or otherwise are given to the operator or notification center as soon as reasonably possible.
(b) If an operator receives a request to locate its facilities for an emergency condition, such operator shall make a reasonable effort to identify the location of its facility within two hours of receiving notification or before excavation is scheduled to begin, whichever is later.
(c) Any person providing a misrepresentation of an emergency excavation may be subject to the penalties set out in Kan. Stat. Ann. § 66-1812, and amendments thereto.