Delaware Code Title 26 Sec. 806 – Duties of excavators
(a) Prior to undertaking any excavation or demolition activities, it shall be the duty of each excavator to:
(1) Ascertain the telephone number of the approved notification center;
(2) Notify the approved notification center not less than 2 working days, but no more than 10 working days, prior to the day of the commencement of such work of the following:
a. The name of the person notifying the approved notification center;
b. The name, address and telephone number of the excavator;
c. The specific location, starting date and description of the intended excavation or demolition activity;
(3) Ascertain the location and type of utility lines, and information prescribed by § 803(5) of this title and the identifying number or numbers assigned (pursuant to § 807 of this title) by the approved notification center in response to the notice prescribed in paragraph (a)(2) of this section;
(4) Inform each person employed by the excavator at the site of such work of the information obtained pursuant to paragraph (a)(3) of this section;
(5) Maintain in a prudent and careful manner all markings provided by operators in accordance with the provisions of § 803 of this title and, in the event of the obliteration, destruction or removal of the markings, the excavator shall notify the approved notification center of the need for remarking of utility line by the operators;
(6) Establish and maintain a mutually agreeable schedule of required utility locating with each involved operator to insure that the purpose of this chapter is met whenever the intended excavation or demolition will occur at multiple locations, on various dates, on a construction site or public works project with a duration in excess of 20 working days. Proper establishment and prudent, careful, compliance with such a schedule, after initial notice as required under paragraph (a)(2) of this section, shall be considered as notice required in paragraph (a)(2) of this section for the balance of the construction project;
(7) Excavate prudently and carefully and to take all reasonable steps necessary to properly protect, support and backfill underground utility lines. This protection shall include but may not be limited to hand digging, within the limits of the planned excavation or demolition, starting 2 feet of either side of the extremities of the underground utility line for other than parallel type excavations and at reasonable distances along the line of excavation for parallel type excavations;
(8) Report immediately to the operator any break in, or leak on, its utility lines, any dent, gouge, groove or other damage to such lines or to the coating or cathodic protection made or discovered in the course of the excavation or demolition work;
(9) Alert immediately the occupants of any premise as to any emergency that the excavator may create or discover at or near such premises.
Terms Used In Delaware Code Title 26 Sec. 806
- Approved notification center: shall mean an organization identified by § 807 of this title and which complies with the requirements of § 807 of this title and is otherwise operated in accordance with the Federal Pipeline Safety Regulations codified at 49 C. See Delaware Code Title 26 Sec. 802
- Damage: shall mean , but is not limited to:
- Emergency: shall mean any condition constituting a clear and present danger to life, health or property by reason of escaping gas or petroleum products, exposed or broken wires, other breaks or defects in an operator's utility line or by reason of any disaster of artificial or natural causes. See Delaware Code Title 26 Sec. 802
- excavation: shall mean any operation in which earth, rock or other material in the ground is moved, removed or otherwise displaced or disturbed by means of any tools, equipment or explosives and includes, without limitation, grading, trenching, digging, dredging, ditching, drilling, augering, tunnelling, boring, backfilling, post pounding, driving objects into the ground, installation of form pins, hammering, scraping, cable or pipe plowing or driving, but does not include the surface cultivation of the soil for agricultural purposes, such as tilling, or patch-type paving where the same, including cutback, does not exceed 12 inches in depth measured from the surface of the pavement being patched. See Delaware Code Title 26 Sec. 802
- Excavator: shall mean any person, including those acting either as an employer or employee, intending to perform or performing excavation or demolition work. See Delaware Code Title 26 Sec. 802
- Operator: shall mean any person who furnishes or transports materials or services by means of a utility line. See Delaware Code Title 26 Sec. 802
- Person: shall mean any individual, firm, joint venture, partnership, corporation, association, municipality, other political subdivision, state or federal governmental unit, department or agency, state cooperative association, joint stock association and shall include any assignee, trustee, receiver or personal representative thereof. See Delaware Code Title 26 Sec. 802
- Utility line: shall mean any item of personal property which shall be buried or placed below ground or submerged for use in connection with the storage or conveyance of water, sewage, electronic, cable television, telephonic or telegraphic communications, electric energy, oil, petroleum products, gas or other substances, and shall include, but not be limited to, pipes, sewers, conduits, cables, fiber optic conductors, valves, lines, wires, manholes, vaults, attachments and those portions of poles, pylons or other supports below ground or submerged. See Delaware Code Title 26 Sec. 802
(b) The requirements of paragraphs (a)(1) through (5) of this section shall not apply to an excavator performing excavation or demolition work in any emergency. However, excavators performing excavation or demolition activities in an emergency shall notify the approved notification center at the earliest practicable moment of the information prescribed in paragraph (a)(2) of this section.