(a) The excavator shall exercise reasonable care when excavating in the vicinity of a subsurface installation.

Terms Used In Hawaii Revised Statutes 269E-12

  • Center: means the one call center. See Hawaii Revised Statutes 269E-2
  • Damage: means :

    (1) The substantial weakening of the structural or lateral support of a subsurface installation;

    (2) The penetration or destruction of any protective coating, housing, or other protective device of a subsurface installation; or

    (3) The partial or complete severance of a subsurface installation. See Hawaii Revised Statutes 269E-2

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Emergency: means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of or damage to life, health, property, or essential public services. See Hawaii Revised Statutes 269E-2
  • Excavation: means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives, including but not limited to the following: grading, trenching, digging, ditching, boring, drilling, auguring, tunneling, scraping cable or pipe plowing and driving, demolition, and dredging. See Hawaii Revised Statutes 269E-2
  • Excavator: means any person, including an operator, who performs any excavation, other than an operator whose employees are performing maintenance work on the operator's subsurface installation. See Hawaii Revised Statutes 269E-2
  • Operator: means any person who owns, operates, or maintains a subsurface installation. See Hawaii Revised Statutes 269E-2
  • Subsurface installation: means any pipeline, conduit, cable, duct, wire, sewer line, storm drain, vault, or other structure that is located underground. See Hawaii Revised Statutes 269E-2
(b) Before using any power-operated or power-driven excavating equipment, the excavator shall determine the exact location of subsurface installations in conflict with the excavation by first excavating down to the depth of the excavation with the appropriate hand tools within the area of the approximate location of the subsurface installations; provided that power-operated or power-driven excavating may be used:

(1) For the removal of any existing pavement if there are no subsurface installations contained in the pavement; or
(2) Within the approximate location of a subsurface installation by mutual agreement between the operator and the excavator.
(c) If after making every reasonable effort to locate the subsurface installation, the excavator cannot determine the exact location by hand excavation as set forth in subsection (b), the excavator shall request that the operator provide additional information through the center to locate the subsurface installation. The operator, within two working days, shall provide any information that is available to the operator to aid the excavator in determining the exact location.
(d) If after making every reasonable effort to locate the subsurface installation with the additional information provided pursuant to subsection (c) the excavator still cannot determine the exact location of the subsurface installation by hand excavation, the excavator shall notify the center. The center shall then:

(1) Require the operator to determine the exact location of the operator’s subsurface installation with appropriate hand tools; or
(2) Allow the excavator to use powered equipment to continue the excavation, with or without on-site supervision by the operator; provided that this subsection shall not be construed as affording the excavator any immunity or protection from claims for damages or injuries relating to the excavation.
(e) Each excavator responsible for any excavation that results in contact with, exposure of, or damage to a subsurface installation, before continuing excavation in the immediate area of the subsurface installation shall:

(1) Immediately notify the operator of the location and nature of the damage and undertake any reasonable measures as requested by the operator; and
(2) Allow reasonable time, consistent with industry practice, for any necessary repairs to be made to the subsurface installation.
(f) If the damage to a subsurface installation creates an emergency situation, the excavator shall:

(1) Immediately notify the enhanced 911 emergency service and the operator of the facility; and
(2) Minimize the hazard until the arrival of the enhanced 911 emergency service authority or the operator.
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