Users Guide


For Pennsylvania Underground Utility Line Protection Law

PA Act 287 of 1974 as amended by Act 50 of 2017 73P.S. § 176 et. seq.


Call Before You Dig!

www.paonecall.org


April 24, 2023

TABLE OF CONTENTS

 

DISCLAIMER OF LIABILITY

INTRODUCTION

SECTION I - ODDS ARE YOU COULD BE MOVING MORE THAN EARTH

SECTION II - WHO AND WHEN TO NOTIFY THE ONE CALL SYSTEM

SECTION III - TYPES OF NOTIFICATIONS HANDLED BY PA ONE CALL

SECTION IV - GUIDELINES FOR PREPARING A LOCATE REQUEST

SECTION V - WHAT HAPPENS WHEN THE NOTIFICATION IS MADE

SECTION VI - RESPONSIBILITIES OF THE FACILITY OWNER

SECTION VII - RESPONSIBILITIES OF THE DESIGNER

SECTION VIII - RESPONSIBILITIES OF THE EXCAVATOR

SECTION IX - RESPONSIBILITIES OF THE PROJECT OWNER

SECTION X - ENFORCEMENT AND REPORTING ALLEGED VIOLATIONS

SECTION XI - TAMPERING WITH MARKS

SECTION XII - WEBSITE TOOLS

Appendix A

Appendix B

Appendix C

Appendix D

Appendix E

Contact Us

 

References:

www.paonecall.org

www.puc.pa.gov

www.apwa.net

www.FHWA.dot.gov

www.commongroundalliance.com

http://www.nastt.org/

www.pa1call.org/ExcavationSafetyGuide

 


DISCLAIMER OF LIABILITY

This Guide has been prepared as an educational document for excavators, designers, operators, project owners, and facility owners.  It is intended as a reference tool for interacting with the Pennsylvania One Call System, ("POCS").  It is also intended to explain in a general way the requirements provided for in Pennsylvania's Underground Utility Line Protection Law, Act 287 of 1974, as amended by Act 50 of 2017 (the "Act").  It is strongly recommended that all individuals who regularly contact POCS review the Act and this Guide.  Familiarity with its contents will be valuable, but the Guide is meant to clarify and explain the law according to POCS' understanding of how it affects interaction with POCS.  This Guide is not a substitute for the Act and it does not relieve anyone from discharging their responsibilities as set forth in the Act or as otherwise required by law.

This Guide and the reproduction of the Pennsylvania Underground Utility Line Protection Law are provided solely as a convenience for the person or persons requesting it, and are not to be used as legal reference documents.  Every effort has been made to reproduce the applicable sections of the Pennsylvania Underground Utility Line Protection Law.  However, neither POCS nor any officer, director, employee, or agent of the above-named entity, makes any representations nor warranties, express or implied, as to the accuracy of this publication.  POCS assumes no responsibility for the acts or conduct of any user of this Guide.  Neither POCS nor any officer, director, employee or agent shall have any liability for any damage (including, without limitation, indirect or consequential damages) to any person or property resulting from the use of this Guide or reliance on any information contained herein.

This Guide has a copyright.  POCS recommends and gives its permission for duplication of this Guide.  Additional copies may be obtained from POCS or copied from its web site at www.paonecall.org.  The contents of this Guide are subject to change without notice.  The web site will be updated as soon as possible after changes are made and approved by the Board of Directors.  If there are any questions you may call 1-800-248-1786 or use the home page.

 

INTRODUCTION

The Pennsylvania One Call System Board provides this Guide for the participants of the Act to help clarify the responsibilities of each of the parties under the provisions of the law.  Over 3,700 facility owners participate in the Pennsylvania One Call System currently, and a 35 member Board of Directors represents each of the industries involved in subsurface activity.  All of the public utilities, public works, pipe line, telecommunications, the Commonwealth, construction and design industries were represented throughout the legislative process.

This Guide has been prepared to assist you in preparing your own operating procedures to comply with the Act, and to protect yourself and those you work with.  It also provides insight into what you can expect to encounter underground.  It is our hope to provide you with information to assist you in developing your own policy and procedures to guard against dangers and situations of working underground.

In addition to this Guide please reference the latest version of the Common Ground Alliance (CGA) Best Practices.  The Law specifically requires your best efforts to comply with the CGA standards.

 

SECTION I - ODDS ARE YOU COULD BE MOVING MORE THAN EARTH

Damage prevention is a shared responsibility.  Communication between stakeholders is the key to ensuring safety and protecting vital facilities.  Free-flow communication and cooperation allows all parties to focus on the common goals for safety and damage prevention.

Virtually anywhere you need to dig, there are probably underground facilities somewhere in the vicinity.  Growing networks of telephone cables, power lines, and cable TV lines are joining the gas, water, sewer and petroleum pipes.  The odds of an excavator moving something besides dirt are growing every day.   Even if you see overhead lines that doesn’t rule out the existence of buried power, television or telephone facilities.  Many utility companies have long-term programs to weatherproof their plant by putting it underground.  Both aerial and underground facilities may be in use during transitions.  Some areas have overhead main lines with buried services going to the homes and other buildings.  Even water-filled ditches and streams may have underground utilities in or under them.  A ditch may have been dry when utilities were buried.  A stream may have been diverted.  Even “open country” may conceal buried utilities.  Large pipelines and high capacity cables are especially expensive to place, so utilities often cut across country to reduce total miles for these major installations.  There are buried utilities located in most road rights of way.  Buried utilities are also found along property lines and between lots and serve any building located on a lot.

Damage to buried utilities most often occurs when excavators do not call for utility locations before they dig.  In many cases, utilities are damaged even after notification has been made and utility locations clearly marked.  That’s usually because some excavators do not know the procedures for safely excavating around the buried facilities.  See section 5(4) of the Underground Utility Line Protection Act, or “Act” (PA 73 P. S. § 176 et. seq.) for excavator requirements.

 

SECTION II - WHO AND WHEN TO NOTIFY THE ONE CALL SYSTEM

Notifications are referred to as Locate requests, dig notices, and tickets.

The Act; OSHA Standard 1926.651 (revised in 1990 and clarified in 2004); the Federal PIPES Act of 2020, protecting underground liquid (CFR 49 Part 195) and natural gas (CFR 49 Part 192.614) pipelines; and the National Electric Safety Code, ANSI C-2 (revised in 2016); require anyone who engages in any type of excavation or demolition work to provide advance notice.  (See the Act for the definition of excavation or demolition work.)

Who should notify the One Call System?

  • For excavation work, the person performing the excavation must make the notification.  If the work is subcontracted, the subcontractor should make the notification.  The only party protected by the notification is the person who notifies.
  • A homeowner should notify the One Call System only if they are performing the excavation work themselves.  A homeowner should not place a notification on behalf of their excavator because the excavator will not be protected by the notification.
  • For demolition work, the person performing the demolition must make the notification.  If the work is subcontracted, the subcontractor should make the notification.  The only party protected by the notification is the person who notifies.
  • Designers who work on project plans that include a work operation which involves the movement of earth with powered equipment as part of the project must place the notification.
  • Project Owners, who or which engages the contractor for construction on any project which requires excavation or demolition work should ensure their designers and excavators notify the one call system.

 When should you notify the One Call System? 

  • Designers are obligated to notify “not less than ten nor more than ninety business days before final design is to be completed”.
    1. Designers may also choose to notify more than ninety business days in advance if they state that the work is preliminary.
  • Excavators (including homeowners) are obligated to notify “not less than three nor more than ten business days in advance of beginning excavation or demolition work”, unless the project is complex, then additional requirements apply.  Complex project notices require ten business days notice.

 Business day" means any day except a Saturday, Sunday or legal holiday prescribed by statute.  A business day begins at 12:00:00 a.m. and ends at 11:59:59 p.m.

 Example of calculating the three business day notice for excavation:

  1. The notice is made on Monday.
  2. The first business day is Tuesday.
  3. The second business day is Wednesday.
  4. Excavation work can commence on the third business day which is Thursday.
    • For a notification made on Thursday, the earliest lawful start date for when excavation can commence is the following Tuesday.  (The first business day is Friday, Saturday is not a business day, Sunday is not a business day, Monday is the second business day and Tuesday is the third business day.)
  5. A legal holiday (defined below) may add one or two business days between the notification date and the date excavation can commence.

To facilitate timely and accurate mark-outs of the work site before you excavate, the maximum Locate request size is 1000 feet, or intersection to intersection, whichever is greater, along the same road, within the same political subdivision.  Base your notifications on the resources you plan to use and the time of year (near term weather) for each date such information is provided to the system.  All excavators, including subcontractors should make their own notification.

 The Act states that the person doing the work shall make the notification/call.  The only party protected by the notification is the caller.

PA One Call System is open 24 hours a day every day of the year.  Pursuant to Sections 221 and 709 (e.1) of The Administrative Code of 1929, the Executive Board has determined that the administrative offices of State Government shall be closed on the following holidays for the purpose of transacting public business:

New Year’s Day

Martin Luther King, Jr. Day

President’s Day

Memorial Day

Juneteenth National Independence Day

Independence Day

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day

Day after Thanksgiving

Christmas Day

 

SECTION III - TYPES OF NOTIFICATIONS HANDLED BY PA ONE CALL

There are several variations to the excavation notifications, covered in detail in Section IV of this document.  Each variation can be used to solve unique situations or problems.

 The following is a brief explanation of each type of notification taken by Pennsylvania One Call System, Inc. (POCS): 

  1. DESIGN NOTICE

 Any drawing that is prepared for an excavation requires a Design Notification that must comply with the provisions in Section 4 of the Act.  The Design Notice is meant to allow the designer to plan the new work around existing facilities as the Act prescribes.  The information provided should cover the entire scope of the plan or development with enough detail to allow the facility owners to provide the approximate locations of their lines in the proposed work area.  Digging is not permitted on a design notification.

There are two types of design notices:

  • Final Design Notice:  Those planning work that disturbs the earth are required to notify POCS not less than 10, nor more than 90 business days in advance of the final design.
  • Preliminary Design Notice:   Designers may request line and facility information more than ninety days before final design is to be completed, however, they shall state in their requirements that such work is preliminary.

 The designer is required to send plans to the involved Facility Owners for mark up when requested.  PA One Call can assist with this process through Coordinate PA, where plans and responses can be shared electronically.  Once the facility owners have responded, the designer shall add their facility information to the drawing before the final design is approved.

As a designer, you are required to add the one call serial number and the 1-800-242-1776 or 8-1-1 number to the plan before you forward it to the involved facility owners. 

EMERGENCY NOTICES

  • Emergency Notice - An emergency is defined by Section 1 of the Act as a sudden or unforeseen occurrence involving a clear and immediate danger to life, property and the environment, including, but not limited to, serious breaks or defects in a facility owner's lines.” 

When declaring an emergency excavation, excavators are required to confirm that the work being done falls within the definition of emergency and describe the nature of the emergency within the Locate request.   Once complete, the ticket will be queued for immediate transmission.   

  • Damage Report Notice - When a facility is damaged the notice is generally considered an emergency to that facility owner and other facility owners in close proximity to the damage.   If a line is damaged during excavation, call the One Call System or the facility owner immediately.  Report the details and particulars once the work site is safe. 

If the damage results in the escape of any flammable, toxic or corrosive gas or liquid which endangers life, health, or property, immediately notify 911 and the facility owner, as required by Section 5 clause (8).  It is most often best to evacuate the immediate area.  Local emergency contact information should be at the job site with the crew at all times where they have access to it, along with a map or directions to the nearest emergency care facility. 

  • Odor of Gas Notice – POCS accepts non-excavation related calls from those who smell natural gas.  A notification is created and is immediately sent to the gas companies registered to receive such notices.   
  • No One Call Notice – POCS accepts notification from third parties who are not performing excavation work, but witness excavation work occurring and no physical markings are visible at or near the work site.  Prior to processing a No One Call, the CSR performs a search of tickets created within the last 90 days to confirm no existing valid notification was created for the site.   
  • Potential Cross Bore Notice – When installing new utility lines in urban and suburban areas, utility providers typically dig horizontally underground, using a trenchless boring technique that avoids damage to sidewalks and landscapes.  In the process, a new utility line may be unintentionally bored through a sewer pipe.  Over time, a cross bore in a sewer pipe will cause a blockage.  When a plumber or sewer operator plans to clear a clogged drain, he can notify the One Call System, and a ticket will be created and immediately sent to all facility owners in the area.  Cross bores most often occur through sewer lines, but can be found in other types of lines and structures.   

Utility Cross Bore definition:  An intersection of an existing underground utility or underground structure by a second utility resulting in direct contact between the transactions of the utilities that compromises the integrity of either utility or underground structure.

ROUTINE LOCATE REQUEST NOTICE

 Notification for excavation work shall be made not less than 3 business days nor more than 10 business days prior to commencing excavation work starting the day the notification is received.  Each Locate request must clearly identify the work site (See Section IV).  When exact site information cannot be provided, use white paint to outline the proposed excavation site.  The Locate request shall be limited to the area described in the notification and the maximum Locate request size is 1000 feet, or intersection to intersection, whichever is greater, along the same road, within the same political subdivision.   Facility owners should respond to routine locate request notices by the response due date. 

DEMOLITION NOTICE 

Notification for demolition work shall be not less than 3 business days nor more than 10 business days prior to commencing demolition work starting the day the notification is received.  Caution: Demolition work may require more advance clearance from the facility owner if their service lines need to be disconnected.   You also may need a permit for the work.   The One Call notification should not be considered notice under any circumstance other than the Act.  You must follow all local codes as a part of your compliance with the Act.  Final billing and disconnect of the lines attached to the structure must be secured directly with the involved service provider.  Facility owners should respond to demolition notices by the response due date.

COMPLEX PROJECT NOTICE 

The Act defines complex project as:  “Complex project means an excavation that involves more work than properly can be described in a single locate request or any project designated as such by the excavator or facility owner as a consequence of its complexity or its potential to cause significant disruption to lines or facilities and the public, including excavations that require scheduling locates over an extended time frame.”

 And in Section 5, clause (2.1), the last sentence states:  “In the case of a complex project, notification shall not be less than ten business days in advance of the beginning of excavation or demolition work.”

 And Section 5 clause (3) states:  “In a complex project or if an excavator intends to perform work at multiple sites or over a large area, to take reasonable steps to work with facility owners, including scheduling and conducting a preconstruction meeting, so that they may locate their facilities at a time reasonably in advance of the actual start of excavation or demolition work for each phase of the work.  A preconstruction meeting may take place at any time prior to the commencement of excavation or demolition work, and the excavator, facility owners and designer, or their agents, shall attend the meeting.   Notice of the meeting shall be given sufficiently in advance so as to permit attendance, either in person or electronically, by the excavator, facility owners and designer, or their agents, and shall include information sufficient to identify the scope of work.   If the excavator does not believe that a preconstruction meeting is necessary under the circumstances of this clause it shall indicate such belief in its notice, but any facility owner with facilities at the work site may request a meeting with the excavator, and a meeting shall be held between the facility owner and the excavator.  After commencement of excavation or demolition work, the excavator shall be responsible for protecting and preserving the staking, marking or other designation until no longer required for proper and safe excavation or demolition work at or near the underground facility or by contacting the One Call System to request that the facilities be marked again in the event that the previous markings have been compromised or eliminated.”

 And Section 5 clause (3.1) states:  To comply with the requirements by the One Call System as determined by the board of directors regarding the maximum area that a notification may cover.

The Board of Directors adopted the following Complex Project Process Policy on 7/31/2019:

Complex Project Process Policy 

  1. Terms used in this policy are as defined in the Underground Utility Protection Act (UULPA).
  2. Notifications will be handled through the Pennsylvania One Call System (POCS) Coordinate PA (CPA) Web Portal.
    1. Designers:
      1. The designer creates a project within the CPA web portal.
        1. Includes Project Description and proposed timeline.
        2. Uploads drawings.
      2. Through permissions, the designer assigns access rights (View Only or Modify) to the project owner.
      3. Depending on the timeline of the project, the designer creates at least one Preliminary Design or Final Design notification ticket via the portal, from within the CPA project.
        1. If multiple excavators will be working on the same project, the designer segments the project into phases based on bid requirements.
        2. The designer creates at least one Final design ticket for each phase of the project.
      4. When the project moves to construction phase, the project owner or designer assigns access rights (Modify) to the excavator for the phases of the project in which they are involved.
    2. Excavators:
      1. When a project existsin Coordinate PA:
        1. The excavator creates a complex project notification ticket via the portal, from within the CPA project, and indicates if a preconstruction meeting is requested.  The excavator follows Option 1 or Option 2 below.
      2. When a project does not existin Coordinate PA:
        1. The excavator creates a project within CPA.
        2. The excavator creates a complex project notification ticket via the portal, from within the CPA project, and indicates if a preconstruction meeting is requested.  The excavator follows Option 1 or Option 2 below.

Option 1:   When a preconstruction meeting is requested, the excavator establishes the date, time and place of meeting in close proximity to the project work location.  Electronic meetings are also acceptable.  Meetings are strongly encouraged in the case of complex projects.

  1. It is strongly recommended that in the case of a complex project that extends over a large geographic area, the party should consider scheduling multiple meetings throughout the site to accommodate travel needs.
  2. The excavator is responsible for notifying the project owner and the designer of the meeting.  Note:  The designer is the one that prepared the drawing, not necessarily the one that is managing the project.

Option 2:   If the excavator determines that a pre-construction meeting is not necessary, the notice shall indicate.  If an individual facility owner nonetheless wishes to have a meeting, a meeting shall take place between that facility owner and the excavator.   Other facility owners need not attend.   [Sec 5(3) of Act.]  In the notice, the excavator shall state the reason for determining that a pre-construction meeting is not necessary.

  1. A facility owner requests a meeting by sending response code 092 (Requests Meeting) through POCS.  This notice must be made prior to the third business day from the complex project notification.
  2. The facility owner then contacts the excavator to establish the date, time, and place of meeting in close proximity to the project work location.  The meeting must be held prior to the seventh business day from the complex project notification.  Electronic meetings are also acceptable.
  1. Meeting Protocol
    1. At the meeting the parties shall agree upon their individual obligations consistent with the project.   These obligations may vary from project to project based upon the specifics of the project and it is not the intent of this process to provide a specific set of standards for all complex projects.  Rather it is intended that the parties shall have the flexibility to make decisions consistent with the project’s parameters.
      1. Involved parties (facility owner, excavator, designer, project owners) are required to attend the meeting.
      2. The entire scope of the project must be defined at the meeting.  Detail on phases should be defined as much as possible.
      3. Agreement on the scope of ticket will be left to the parties attending the preconstruction meeting.
      4. If a facility owner cannot agree to the proposed locate schedule, everyone must work to find a schedule that the one facility owner can agree to.
      5. If no agreement can be reached, the excavator must create single routine excavation notifications, from within the project, for the areas where the dissenting facility owner owns/operates lines.
      6. If an involved party fails to attend the meeting, the excavator may proceed according to the agreement reached at the meeting.
    2. Meeting notes shall be taken by the excavator calling the meeting using the POCS approved template and the minutes shall set forth the agreements made by the parties.  Meeting notes shall be uploaded to the POCS web portal as soon as practicable.  In the absence of minutes or a meeting the parties shall be bound by the provisions contained in the POCS Users Guide for non-complex excavation notifications.
    3. Within 90 days of the pre-construction meeting the excavator shall provide the routine excavation notification required by Sec. 5 of the Act.  The notification shall be consistent with the agreements reached at the pre-construction meeting, if such a meeting is called.
    4. A complex project requires 10 business days’ notice.  The excavator shall not enter a routine excavation notification prior to the pre-construction meeting.
    5. If the project start is delayed AFTER the complex project preconstruction meeting has been conducted and the mark out schedule agreed to, the following will apply:
      1. If the start date that was agreed to is delayed more than 90 days:
        1. A new Complex Project ticket and meeting will be required, from within the same CPA project.
    6. If the scope of the project changes, a new complex project notification and meeting will be required, from within the same CPA project.

Additional Guidance:

  1. In the case where an excavator creates multiple routine excavations tickets:
    1. The facility owner may respond 092 (Requests meeting), via the KARL system and reach out to the excavator to work out a locate schedule.
    2. The one call system may reach out to the excavator to educate them on complex projects.
  2. In the event an impacted facility owner fails to attend the pre-construction meeting, it is highly encouraged the facility owner contact the excavator and schedule a one on one meeting, a minimum of at least 3 business days prior to the first lawful start date of the first routine excavation ticket.
  3. If a party disagrees with the posted minutes, they communicate back to the excavator through the communication tool within the CPA portal.
  4. Announcements will be sent to all parties for communication related activity in CPA.

Addendum A:

  1. ROUTINE AND COMPLEX PROJECT TICKETS
  2. A routine ticket is one that does not meet the definition of a complex project as established by the Pennsylvania One Call System’s (POCS) Board of Directors pursuant to the UULPA.
  3. A complex project is one that meets the definition established by the POCS Board of Directors.
  4. An excavator shall comply with the requirements of Section 5 of the UULPA but may determine that a pre-construction meeting is unnecessary, even in the case of a complex project as defined by the POCS Board of Directors.  In the event that an excavator determines that a pre-construction meeting is unnecessary, an affected facility owner may, nevertheless, request a preconstruction meeting between itself and the excavator, pursuant to Section 5(3) of the UULPA.
  5. Such request by a facility owner shall not require a preconstruction meeting with all affected parties, but only with the facility owner requesting the meeting, and an affected facility owner is not entitled to a meeting with all other parties.

“Large/Complex Project” is also included in the Common Ground Alliance (CGA) Best Practices, which are incorporated by reference in Act 287, as amended.  Refer to chapter and sections: 2-2, 2-3, 2-4, 2-8, 3-14, 3-29, 4-11, 4-14, 4-17, 4-22, 5-4, 5-5, 5-6, 5-14, 5-23, 5-28, 6-18, and in the Glossary.

 

SECTION IV - GUIDELINES FOR PREPARING A LOCATE REQUEST

When initiating a Locate request, Section 5 clause (2.2) of the Act requires each excavator: “To provide the One Call System with exact information to identify the work site so that facility owners might provide indications of their lines.  An excavator shall be deemed to have met the obligations of clause (2.1) if he calls the One Call System, provides the work site and other required information, and receives a serial number.”

And Section 5 clause (11): “To use the color white to mark a proposed excavation work site when exact work site information cannot be provided.”

We encourage excavators to visit the work site prior to placing a notification to outline their exact proposed work site in white, to assist the locator in marking only the area where the work will take place.

“If, after receiving information from the One Call System or directly from a facility owner, an excavator decides to change the location, scope or duration of a proposed excavation, the obligations imposed by this section [Section 5] shall apply to the new location.”

ANNUAL FEE

Section 3 clause (f.1) states:  “An excavator, designer or operator who proposes to commence excavation or demolition work and requests information from the One Call System shall pay to the One Call System an annual fee for the service provided by the One Call System under section 3.  The fee shall be set by the One Call System board of directors and shall be used to offset a portion of the operating costs of the One Call System and a portion of the operation costs levied on the One Call System’s political subdivision and municipal authority members.  Failure to pay the fee shall constitute a violation of this act and shall subject the excavator, designer or operator to the enforcement authority of the commission for this nonpayment.”

The annual fee will be charged on the first notification each calendar year.

LOCATE REQUEST CREATION

When calling in notifications, POCS Customer Service Representatives (CSRs) are trained to obtain specific information concerning locate requests.  All telephone calls are recorded and kept for five years.  Each question asked has a purpose.  This section will provide a brief explanation of the reason for each question.

Locate request processing is more efficient if the caller is prepared to answer all questions.  The best way to prepare for a call is to visit the website www.paonecall.org.

Excavators, Designers, Project Owners and Facility Owners can submit Locate requests via the website with valid log in credentials.   Homeowners working on their own property may submit single address Locate requests via the website without logging in.   Whichever input method is chosen, questions will be asked to complete specific data fields.

Field Definitions:

 Information about the company making the Locate request: (fields 1-6)

 1.  Telephone Number & Extension: 

The telephone number, including the area code, of the excavating company, design firm, or homeowner placing the call.

 2.  Caller Name: (or Web Ticket Entry User name)

The caller’s name is taken in order to maintain records of what person placed the Locate request.

 3.  Company:

The name of the company for whom the caller works.   For homeowners placing their own Locate requests, this field will contain the name of the caller.

 4.  Address, City, State, Zip:

The mailing address of the company is recorded and stored as part of the Locate request.  For homeowners placing their own Locate requests, this field will contain their mailing address.

 5.  Caller Email Address: (or Web Ticket Entry User Email Address)

The caller or web ticket entry user will be emailed a copy of the Locate request ticket.  In addition, facility owners are required to respond back to the One Call System for all notifications, and the One Call System will collect and email the responses to the caller provided email address.

 6.  Caller Fax:

Needed only when an email address cannot be provided. 

 Description of the Work Site: (fields 7-16)

 7.  County:

The name of the county in which the work will be performed is required.

 8.  Municipality:

The name of the municipality in which the work will be performed is also required.

Ward: If the work is taking place in Allentown, Erie, Pittsburgh, or Philadelphia, the voting ward of the site is also required.

 9.  Street # & Street Name: 

Name of the street and/or route number.  Please use the exact address numbers, directional (N, S, E, W, etc.), and the street suffix (ST, RD, CT, AVE, LN, WY, etc.).

10. Nearest Intersection: 

Name of the nearest intersecting street or cross street (within reasonable distance of the work site).

11. Second Intersection/Nearest Main Road:

The name of the second street if the work site is between two streets.  If not working between two streets, the field can also be used to hold the nearest major intersection name, especially if the nearest intersection is a new or unnamed road.   Directions and other clarifying information will be typed into location information so the facility owner knows which type of data has been entered in this field.  Additional information is solicited to determine if the work is taking place in the intersection or between two intersections.

12. Site Marked in White?

Indicate by yes or no whether the proposed route or boundary of the work site had been marked in white.  This field is not included for design notifications.

NOTE:   If an exact location cannot be given, it is required that the proposed route or boundary of the work site be marked in white.  Excavators should delineate the work site with 12 inch dashed white paint lines to avoid confusion with color codes used by facility owners (see Section V of this document).  Marking the work site in white will provide locators with an accurate picture of the proposed excavation area, helps the locators complete the work and provides the excavator with the needed information, and prevents over marking.   Over marking is a problem because in some areas, neighbors can get upset if the marks appear to be graffiti.

13. Location Information:

Clarifying information to specify the exact location of the dig.  Include measurements and directional (N, S, E, W or variants) from known points, such as the curb line, street, structure, property line, or fence.  If working on private property, note whether working in the front, rear, left, right or all sides.  If known or visible, include utility pedestal or pole numbers, highway or railroad mile markers, landmark names, permanent pipeline marker identifiers, etc.  You can also provide directions from the nearest town, or major intersection.  Give as much descriptive information as you can to help the facility owners and the locator find the site.

14. Subdivision:

The name of the subdivision, housing development, named community, or building complex where the work will take place will be entered, if applicable.

15. Latitude and Longitude Coordinates:

Provide the GPS coordinates of the location, if available.

16. Type of Work Being Done: 

Facility Owners need to know the specific reason for the excavation, demolition, or design work to help them evaluate the possible impact on their underground assets.  Be as specific as possible.  For example, “installing a sanitary sewer lateral” is much more helpful than “digging a sewer line”.

Formatted information based on specific notification types is also included here.

Demolition notice:  the value will begin with the word DEMOLITION-.

Damage notice:  the notice is qualified and will begin with the word DAMAGE- or EXPOSED-, followed by the facility type detail provided by the excavator.

Odor of Gas:  the value will display ODOR OF GAS.

No One Call:  the value will display NO ONE CALL

Potential Cross Bore: the value will display POTENTIAL CROSS BORE

Specific qualifiers are added to the work site information: (fields 17-21)

17. Working in: 

Identify if the work will take place in the street, sidewalk, public or private property.  Other designations such as right of way, treelawn, berm, river, stream, etc., can also be specified.

                Street:  indicate yes or no

                Sidewalk:  indicate yes or no

                Public Property:  indicate yes or no

                Private Property:  indicate yes or no

                      If on Private Property, indicate Front, Rear, Left or Right side of the property

                Other: where applicable

18. Depth:

Give the approximate depth of the excavation.

19. Extent of Excavation:

Give the approximate size of the excavation.  Indicate the length and width, the diameter, or some other measurement to indicate the size of the opening.

20. Method of Excavation:

Indicate how the earth will be moved, i.e. anchoring, augering, backfilling, blasting, boring, compressing, digging, directional boring, ditching, dredging, drilling, driving-in, grading, grinding, hand-digging, milling, plowing-in, powered equipment, pulling-in, ripping, scraping, tilling, trenching, trenchless excavation, tunneling, or vacuum excavation.

21. Type of Equipment:

Indicate what kind of equipment will be used to perform the work, i.e. auger, backhoe, boring, directional drilling, drilling, excavator, explosives, farm equipment, grader, hand tools, milling equipment, probing device, scraper, trackhoe, trencher, vacuum equipment, or other (specify).   If you don’t know what type of equipment will be used, and have no way to determine the type, then indicate unknown.

Identification of the project owner and onsite contact information: (fields 22-26)

22. Work Being Done For (Project Owner):

Identification of whom the work is being performed for is another resource for obtaining additional information about a project.  The Act refers to this as the “project owner”.   The “project owner" means any person who or which engages an excavator for construction or any other project which requires excavation or demolition work.

23. Onsite Contact: 

The name of the person at the work site with knowledge about the work being done, who a locator can speak with, or a facility owner can make direct contact with when clarification is needed about the Locate request.

24. Onsite Contact Phone Number and Extension: 

Provide the telephone number of the onsite contact, including the area code.  This number should be a mobile phone, but in the case where an office phone is auto-forwarded to a mobile device, an extension is permitted.

25. Best Time to Call:

When the onsite contact person is normally available to receive calls from facility owners.

26. Onsite Contact E-mail: 

Provide the email address of the onsite contact person, as they will be sent a copy of the Locate request in addition to the caller.

Timeframes are identified: (fields 27-29)

27. Scheduled Excavation Date:

On non-design notifications, indicate the date the excavation work is scheduled to begin.  Excavation work cannot begin prior to the date given.  (See Lawful Start Dates below.)

Formatted information based on specific notification types is also included here.

Design notices:  this field is populated with the word DESIGN.

28. Start Time:

Indicate the estimated time the excavation crew plans to be on site and digging.

29. Duration of Job:

To help the facility owner understand the complexity of notification, indicate the approximate number of hours, days, weeks, months, or years you will be actively working on the excavation or demolition.   This information helps the facility owner determine the resources needed to deal with the Locate request or complex project.  This field is not included on design notices.

Additional information: (fields 30-31)

30. Job Number:

This is an optional field for your use to help reference Locate requests to your internal work management systems.

31. Remarks:

Additional information you wish to include on the Locate request that was not asked in any other field, or exceeded a field size, can be entered here.

Formatted information based on specific notification types is also included here.

Demolition notices:  Because disconnect of lines attached to a structure being demolished must be secured directly with the utility, the excavator is asked if they contacted utilities.

If yes, Remarks will display:  CALLER HAS CONTACTED UTILITIES DIRECTLY FOR DISCONNECTS/METER REMOVAL.

If no, Remarks will display:  CALLER HAS BEEN ADVISED TO TELL PROPERTY OWNER TO CONTACT UTILITIES DIRECTLY FOR DISCONNECT/METER REMOVAL.

Damage notices: The caller is asked if the damage resulted in the escape of any flammable, toxic or corrosive gas or liquid which endangers life, health, or property.

If yes, they are asked if they notified 911.

If no, they are advised to notify 911.

Based on the information they provided the Remarks will display:

HAZARDOUS RELEASE <YES> or <NO> and CALLER HAS NOTIFIED 911 or CALLER HAS BEEN ADVISED TO NOTIFY 911.

Odor of Gas notices: The caller is asked if they know the gas or pipeline company name.  If yes, the Remarks will display: GAS COMPANY:   <name of company provided>.

Update: The update action is available for design, non-emergency demolition and excavation Locate requests.  An update banner is added in the Remarks and displays the serial number being updated.  The banner will include a date/time stamp, CSR initials and channel number or web ticket entry user login followed by the requestor, the reason for the update, and whether lines need to be re-marked.

Example of what Remarks will display: 

******=== UPDATE 20221231234-000 == 7/26/2022 1215 GRI   34===******

UPDATE REQUESTED BY:  SALLY SMITH

REASON FOR UPDATE:  WORK NOT STARTED or WORK STOPPED STARTING AGAIN or WORK IN PROGRESS

REMARK LINES or NO MARK OUTS NEEDED

Cancel: indicates the work will not take place, or the address provided on the notification was incorrect and a new serial number will be created to correct the bad information.  A cancel banner is added in the Remarks and displays the serial number being cancelled.  The banner will include a date/time stamp, CSR initials and channel number, the requester, and the reason for the cancel.

Example of what Remarks will display: 

******=== CANCEL 20221231234-001 == 7/26/2022 1652 JEC   38===******

CANCEL SERIAL NUMBER:  20221231234

CANCEL REQUESTED BY:  JANE DOE

INCORRECT ADDRESS, NEW TICKET HAS BEEN PLACED.

MAPPING the Locate request

During the creation of a ticket, the system attempts to locate the described proposed excavation site using the data provided for county, municipality, street, nearest intersection, and second intersection.   Up to two latitude/longitude points can also be provided to assist in the search.  The mapping process is slightly different based on the method of input:

Caller:

  • If the map search is successful, the CSR will attempt to confirm the search results with the caller and draw a notification area polygon around the proposed excavation site.
  • If the map search is unsuccessful, the CSR will work with the caller to determine if all data provided by the caller is accurate.
  • In the rare situations when a site cannot be found on the map, an unmapped notification will be sent and the facility owners notified will be based on the county and municipality given by the caller.

A single point with a 150 feet radius (300 feet diameter) buffer, or a polygon delineated with up to six latitude/longitude points, with a 150 feet buffer, can be used to draw the notification area polygon.

Web Ticket Entry User:

  • If the map search is successful and the ticket is being created by a user via web ticket entry, the user must draw the notification area polygon.
  • If the map search is unsuccessful, the user should ensure all data entered in the fields is accurate and try again.
  • If the user is still unable to map the ticket, they must abort the entry and call the One Call System to place their notification.

A single point with a 150 feet radius (300 feet diameter) buffer, or a polygon delineated with up to six latitude/longitude points, with a 150 feet buffer, can be used to draw the notification area polygon.

Web Single Address (WSA): 

  • Users do not draw a notification polygon.
  • If the address search is successful, the user is presented with geometry in the shape of the property parcel, and asked to verify and accept that the location found by the system is correct.
  • If the address search is unsuccessful, or the user does not agree with the site parcel found, the ticket is placed in a suspend queue for manual intervention by a CSR prior to its release.
  • All WSA notifications created are first reviewed by a CSR, then released and assigned a serial number.  The ticket confirmation is emailed and includes the serial number, a copy of the ticket information, and the facility owners notified.

Important:   The notification area polygon drawn by the CSR or the WTE user, and the geometry shape accepted by WSA users determines which member facility owners will be notified of the proposed work.

The type of notification area will be included on the Locate request:

32. Mapped Type--[P]

  • P = Polygon
  • X = Point
  • S = WSA Parcel
  • C = CPA geometry
  • N = Not Mapped

33. Mapped Lat/Lon--

      [40.361226/-79.926977,40.361981/-79.924776,40.360903/-79.924907

      40.361123/-79.927265]

If the Mapped Type = S or C, the latitude longitude coordinates will not be populated in the Mapped Lat/Lon field because the output is in OGC WKT format, which exceeds the six point limit.  The OGC WKT points can be output on the ticket if the member receiving site requests the data.  See field 43 Geometry.  If the Mapped Type = N, coordinates do not appear in either field.

A link to the image of the drawn notification area will be included on the Locate request: 

34. Map Graphic--[http://www.pa811.org/ViewMap/view.aspx?sn=20221234567] 

35. LAWFUL START DATES: (3 business days) through (10 business days)

These dates are calculated for Locate requests, based on the business day the notification is originated.  They indicate the earliest date that digging can begin and the last possible date when digging must begin.  If digging does not start within these dates, a new one call notification must be placed.  This information is provided to the caller by the CSR.  The information is emailed to web ticket entry and web single address users.

If the scheduled excavation date given by the caller falls between the lawful start dates and is not the third business day, the lawful start dates are recalculated and the scheduled excavation date becomes the earliest lawful start date.  The last possible lawful start date remains the same, i.e., ten business days from the origination of the notification.

It is very important not to begin work prior to the lawful start dates.  Beginning work before the lawful start date can result in forfeiture of the excavator’s rights and protection provided for under Pennsylvania Act 287 as amended.  Additionally, commencing work prior to the lawful dig date is a violation of the law.

36. SERIAL NUMBER

Once the available information for the notification is gathered, the system assigns a serial number to the notification.

The serial number is eleven digits comprised of the four digit year, three digit Julian date, and four digit sequential number.   A three digit version number is then appended to the serial number to track its action type.  On the original ticket, the version is -000, designating a NEW or UPDATE action type.  Example:   20220010001-000 is the first ticket taken in 2022.  On each subsequent action taken on the original, the version number is incremented as -001 or higher to designate a RENOTIFY, CANCEL or ANNOUNCEMENT.   Example:  20220010001-001 is the first RENOTIFY of the original request.

The serial number is provided to the originator of the notification based on the method of input:

Caller: 

  • The serial number is read to the caller, who is also offered a list of the facility owners being notified.
  • Callers who provided an email address will receive a ticket confirmation which includes a copy of the ticket information and the facility owners notified.

Web Ticket Entry User:

  • A ticket confirmation is emailed and includes the serial number, a copy of the ticket information, and the facility owners notified.

Web Single Address User:

  • For successful parcel searches, a ticket confirmation is emailed and includes the serial number, a copy of the ticket information, and the facility owners notified.
  • For unsuccessful parcelsearches, the notification is first reviewed by a CSR, then released and assigned a serial number.
    1. Once released, a ticket confirmation is emailed and includes the serial number, a copy of the ticket information, and the facility owners notified.

The serial number is proof of your notification and should be saved.

 Ticket confirmations should be reviewed for accuracy when received.   If a discrepancy is found, the One Call System should be notified immediately and a new notification placed.

It is considered a Best practice is to have a copy of the notification at the work site.

37. RESPONSE DUE DATE

The ticket output will include the system generated response due date, which differs based on the Message Type.  Facility owners must respond to all notifications through the One Call System by the response due date.  (Refer to Section VI for additional information.)

38. LOCATE REQUEST MESSAGE TYPE

The ticket output format will include one designation from each of the three components below that define the Message Type.   Example:  [NEW] [EXCAVATION] [ROUTINE] 

  • Action Type: (how the request was created, which also determines the serial number and version assignment)
    1. NEW – a new Locate request – receives a unique serial number and version 000.
    2. UPDATE – modifies the Lawful Start Dates on an existing Locate request due to work not starting, work stopped and is starting again, or work in progress when re-marking is needed, – receives a unique serial number and version 000.
    3. RENOTIFY – a re-transmit of an existing ticket, initiated by a caller, to advise one or more facility owners of locate related or response issues – the serial number does not change, however, the version number will increment with each successive re-notify.
    4. CANCEL – notification by the ticket originator that work will not be done – the version number will increment.
  • Request Type: (the kind of work being performed)
    1. EXCAVATION – the movement of earth, rock, or other material.
    2. DAMAGE – damaged or exposed underground facility or facilities.
    3. ODOR OF GAS –third party reports of non-excavation related odor of gas.
    4. DEMOLITION – partial/complete destruction of a structure served by/adjacent to underground lines.
    5. NO ONE CALL –third party reports of excavation work where there is reason to believe no one call ticket exists.
    6. POTENTIAL CROSS BORE – called in by plumbers or sewer operators to provide notice of intent to clear a clogged sewer drain prior to using a cutting tool.
  • Request Class: (the timeframe of the work being performed)
    1. FINAL DESIGN– a notification requiring not less than 10 nor more than 90 business days notice prior to final design.
    2. PRELIMINARY DESIGN – a notification giving more than 90 business days notice.
    3. ROUTINE – a notification requiring not less than 3 nor more than 10 business days notice.
    4. EMERGENCY – the excavator declares work is an Emergency as defined by Act 287 as amended.
    5. INSUFFICIENT NOTICE – the excavator fails to provide the required 3 business day notice and the work does not fall within the definition of emergency as defined by the Act.
    6. COMPLEX PROJECT – used to schedule a complex project preconstruction meeting request.

Based on the Message Type, there may be variations in the data fields.  Some variations impact the data fields described above, and have been noted where possible.  Other data fields are based on conditionals or are specific to certain action or request types and the request class.

39. PennDOT Permit Number:

If the work is taking place on a PennDOT road, provide the permit number issued to you by PennDOT.

40. Project dates:

Used in lieu of Lawful Start dates on design notices.  Project dates are calculated based on the designation as final design or preliminary design.

41. Project Contact, Project Contact Phone, and Project Contact Email:

Used in lieu of Onsite contact, Onsite Contact Phone, and Onsite Contact Email on design notices.

42. CPA Project ID, CPA Phase ID, and CPA Location ID:

Used when a notice originates from the Coordinate PA (CPA) project coordination, collaboration and communication tool.  (See Section XV Website Tools for more information on CPA.)

43. Geometry:

Used in lieu of Mapped Type and Mapped Latitude/Longitude on notices originating from CPA or WSA online.  Due to its potential size, the Geometry field is suppressed unless the receiver CDC opts in to receive the data.

44.-51.

RNO Caller, RNO Caller Phone, RNO Onsite Contact, RNO Onsite Phone, RNO Onsite Contact Email, Crew Onsite, Unmarked or Incorrectly Marked, RNO Remarks:

RNO is an abbreviation for the action type RENOTIFY.  The original Lawful Start Dates, Scheduled Excavation Date, Start time and serial number do not change.  Cancel and Complex Project action types are not eligible for renotify action.

52. Direct Contact with Excavator Required within two hours:

The locate request will indicate Y(es) or N(o) based on information given by the excavator.


The following is one example of the ticket output format with proper information used to identify identifying the location of a work site:

CDC  ABC 00001 POCS MM/DD/YY TT:TT:TT 20221234567-000 NEW XCAV RTN

==========PENNSYLVANIA UNDERGROUND UTILITY LINE PROTECTION REQUEST=========

 

Serial Number--[20221234567]-[000] Channel#--[1234] [0123] [4567-89] 

Message Type--[NEW] [EXCAVATION] [ROUTINE] 

County--[ALLEGHENY] Municipality--[WEST MIFFLIN BORO]  

Work Site--[925 IRWIN RUN RD]

       Nearest Intersection--[NOBLE DR]

       Second Intersection--[LUTZ LANE]

        Subdivision--[BORLAND COMPLEX]                                    Site Marked in White--[Y] 

Location Information:

[WORKING FROM THE FIRE HYDRANT ON THE LEFT SIDE OF THE BUILDING, CROSSING THE DRIVEWAY INTO THE TREELAWN, CONTINUING THROUGH THE MIDDLE OF THE TREELAWN PARALLEL TO THE BUILDING, FOR 100FT, CROSSING BACK OVER THE DRIVEWAY TO THE RIGHT CORNER OF THE BUILDING.]

Caller Lat/Lon--[]

     Mapped Type--[P] Mapped Lat/Lon--

      [40.361226/-79.926977,40.361981/-79.924776,40.360903/-79.924907

       40.361123/-79.927265]

Map Graphic--[http://www.pa811.org/ViewMap/view.aspx?sn=20221234567]

Type of Work--[INSTALL 2IN WATER SVC LINE]                  Depth--[3FT]

Extent of Excavation--[2FT X 230FT]      Method of Excavation--[TRENCHING] 

Equip Type—[BH]

Street--[N] Sidewalk--[Y] Pub Prop--[N] Pvt Prop--[Y] Other--[TREELAWN]

Private Front--[Y] Rear--[Y] Left--[Y] Right--[Y]

 

Lawful Dig Dates--[DD-MON-YY] thru [DD-MON-YY] Response Due Date--[DD-MON-YY]

Scheduled Excavation Date--[DD-MON-YY] Dig Time--[TTTT] Duration--[1 WEEK]

 

Caller--[ANNABELLE SMITH] 

Caller Phone--[555-555-5555] Ext--[]

Excavator--[ABC CONSTRUCTION] 

Address--[12345 MAIN ST]

City--[PITTSBURGH] State--[PA] Zip--[15236]

FAX--[555-444-4444]   Caller Type--[B]

Email--[asmith@aol.com]

Work For--[PA ONE CALL SYSTEM INC]

Onsite Contact--[ANNABELLE SMITH]

Onsite Contact Phone--[555-555-5555] Ext--[]

Best Time to Call--[0800-1600]

Onsite Contact Email—[asmith@abcconstruction.com]

Job Number--[]


Prepared--[DD-MON-YY] at  [TTTT]   by  [CSR NAME]

Remarks--

[]
 

SECTION V - WHAT HAPPENS WHEN THE NOTIFICATION IS MADE

 POCS records all conversations that pertain to the Locate request, and maintains a copy.  The voice and data records are maintained for five (5) years.

When the Locate request is submitted, the computer processes the ticket, assigns a serial number to the notification, determines which member facility owners to notify, where to transmit the notification, creates the ticket output format, and delivers it to each involved member, separately tracking the sequence number of the day for each unique delivery address.

The system also determines if the notification is the first one placed by a business in the calendar year.   If so, an invoice is generated for the annual fee for the service provided by the One Call System.  (See Section IV for more information on the annual fee).

 

SECTION VI - RESPONSIBILITIES OF THE FACILITY OWNER (After receiving the Locate request)

Underground facility owners have the option to receive the information from the One Call System using a variety of delivery methods, such as email, fax, XML, or viewing Locate requests on the One Call System website.  A sequence number is added to each transmission so a member can easily identify skipped transmissions.

To ensure successful delivery of Locate requests, an end of day (EOD) summary audit of messages transmitted from the One Call System is sent to each receiving site shortly after midnight each day.   The summary lists by serial number, any messages the member should have received the day before.  Members should check this audit for agreement with transmitted messages.  If any serial numbers were missed, members can visit facility owner member web access or call the One Call System to request a resend.  Members whose primary method of receiving tickets is web view should review the EOD online as they will not receive a transmission.

  • A resend is a manual re-queue of a Locate request previously logged as a successful ticket delivery, initiated by the member facility owner.
  • A resend does not change any data, but appends RSND to the delivery header, populates a new delivery sequence number and includes the date/time of the resend.
  • A resend may also be manually forced to a facility owner not notified on the original list when the caller has cause to believe non-notified facilities are present at the work site and are requesting a locate/response.
  • A resend conditionally adds one of two text lines at the end of the Locate request:
    1. When the member was listed on the original transmission:
      • [Originally sent as sequence number NNNN at MM/DD/YY HHMM].
    2. When a ticket is forced to a member not in the original list:
      • [Ticket (re) sent at your request.]

 

DETERMINING CONFLICT WITH EXISTING ASSETS

Once the information is successfully transmitted and received by the member facility owner, their personnel review the Locate request to determine possible conflicts.  The review can include automated or manual comparison with asset maps and records, contact with the excavator to clarify data information about the request, or dispatching a locator to the work site.   It is the facility owner’s job to decide whether or not the location of the proposed excavation work is close to existing underground facilities.

If the work to be done or work site appears to be complex, or the lines at the site are considered critical, the facility owner may request to meet the excavator.  In this case, the facility owner should respond via KARL with a “092-Requests Meeting” designation, and then contact the excavator to arrange a meeting date and time.

Some facility owners are required to be on site during excavation while work is in the vicinity of their line.  Generally, there is no charge for this additional level of protection.  Take advantage of their expertise and make sure you understand the safety precautions that are necessary to protect the line and yourself.

After receiving and screening the non-design Locate request, if a conflict exists within the excavation work site described on the Locate request, each underground facility owner is required to mark the location of the facility owner’s underground lines within eighteen inches horizontally from the outside edge of the line, known as the tolerance zone, including known connections and appurtenances.  At its option, the facility owner may timely elect to excavate around its facilities.

Under Section 2 clause (i.1), known as the Good Samaritan clause, as a helpful guide to the excavator or property owner, the facility owner may identify the location of a known facility connected to its facilities.  The identification will not impose any liability upon the facility owner for the accuracy of the non-owned facility.

RESPONDING TO LOCATE REQUEST NOTIFICATIONS

Section 2 (5) (i)-(ix) requires Facility Owners to respond to all notifications by marking, staking, locating or otherwise providing the position of the facility owner’s underground lines at the work site within eighteen inches horizontally from the outside wall of such line in a manner so as to enable the excavator, where appropriate, to employ prudent techniques; or by notifying the excavator they have no facilities to be marked. (See below for more information on abandoned facilities, and responding to notifications that do not require marking in the field.)
 

USE OF MARKING

Facility Owners may use standard locating techniques suitable to each type of line being located based on accepted engineering and operational practices, and mark with paint, stake, and/or flags, according to APWA/Common Ground Alliance Best Practices for Temporary Marking set in ANSI standard Z535.1 Safety Color Code.  (See Appendix D of this document).  Markings will be done in a reasonable manner; in order to enable the excavator to easily recognize the location of buried facilities.

WHITE        Proposed Excavation

PINK           Temporary Survey Markings

RED             Electric Power Lines, Cables, Conduit and Lighting Cables

YELLOW     Gas, Oil, Steam, Petroleum or Gaseous Materials and Hazardous Materials

ORANGE    Communication, Alarm or Signal Lines, Cables or Conduit, and Traffic Loops

BLUE           Potable Water

PURPLE      Reclaimed Water, Irrigation and Slurry Lines

GREEN        Sewers and Drain Lines


SYMBOLS

(These symbols further define the color-coding used in marking buried facility locations).

CH  

 Chemical

 SS  

 Storm Sewer     

 E  

 Electric

 SL  

 Street Lighting

 FO  

 Fiber Optic

 STM  

 Steam

 G  

 Gas

 SP  

 Slurry System

LPG  

 Liquefied Petroleum Gas

 TEL  

 Telephone

 PP  

 Petroleum Products

 TS  

 Traffic Signal

 RR  

 Railroad Signal

 TV  

 Television

 S  

 Sewer

 W  

 Water     

 SD  

 Storm Drain

 W  

 Reclaimed Water “Purple

 

Use color-coded surface marks (paint or similar coating) to indicate the location and route of buried lines.  To increase visibility, color-coded vertical markers (temporary stakes or flags) should supplement surface marks.  All marks and markers should include the symbols of the underground facility owner or actual company abbreviation (i.e., VZPA, DLCO, PECO, UGI, PAWC, ATT, etc.) of the company that owns or operates the line, and the width of the facility if it is greater than 50 mm (2”) as practicable.

Supplemental offset marking may also be added at the discretion of the facility owner, and is recommended if the surface over the buried line is to be removed or destroyed. Such markings will identify the direction and distance to the actual facility.  Offset markings should be on a uniform alignment and must clearly indicate that the actual facility is a specific distance away.  Please see the attached marking card for guidelines for marking of underground facilities.

Facility owners should consider documenting the completed mark out with photos.

 

TOLERANCE ZONE

The width of the tolerance zone means the horizontal space within eighteen inches of the outside wall or edge of a line or facility. (see Section VIII of this guide for additional information on excavating within the tolerance zone.)


ABANDONED FACILITIES

Facility owners must make reasonable efforts to locate or notify excavators of the existence and type of abandoned main lines.

Information regarding abandoned facilities, in possession of the Facility Owner, should be provided in the following instances:

  • with a correctly submitted preliminary or final Design request
  • at a Pre-construction meeting on a Complex Project request
  • for a Routine Locate request where the specific excavation area is identified using white paint/flags.  (CGA 4.11/APWA guidance)

The Act specifically requires your best efforts to comply with the CGA standards.

 

RESPONSE DUE DATE

Facility owners must respond to all notifications through the One Call System by the response due date.

 Responses are due:

  • Emergency notifications:  Emergency Locate requests that fall within the definition of an emergency are given top priority.  Underground facility owners are required to mark facilities within the emergency excavation area as soon as practicable.  The response by the facility owner should be consistent with the nature of the emergency information received.  The expectation is that within 2 clock hours of the notice the Facility Owner will respond to the site or make direct contact with the Excavator.
    1. Damage, odor of gas, no one call, and potential cross bore notifications are classified as emergencies.
    2. Note:  In certain situations that fall within the definition of an emergency, but do not require immediate mark out, an emergency Locate request contains a scheduled excavation date greater than the current date.  For example, a water line break during the winter months, which might freeze, causing a hazard, but can be kept safe until the next day using road salt.  In such cases, the response due is 23:59:59 the calendar day prior to the scheduled excavation date.
  • Routine notifications: When the scheduled excavation date is equal to three business days from the Locate request submit date then the response due is 23:59:59 the business day prior to the first Lawful Start date.  When the scheduled excavation date is greater than three business days from the Locate request submit date, the response due is 23:59:59 the calendar day prior to the first Lawful Start date.
    1. Insufficient Notice:  the response due is 23:59:59 two business days from the Locate request submit date.
  • Complex Project meeting request notices: When a meeting is requested the response due is 23:59:59 the business day prior to the proposed meeting date.  When a meeting is not requested, the response due is 23:59:59 two business days from the meeting request submit. 
  • Design notifications:   For Preliminary and Final Design, the response due is 23:59:59 ten business days from the Locate request submit date.

If necessary, the facility should propose mutually agreeable scheduling by which the excavator, facility owner or designer may locate the facilities.

Responses may be sent to the One Call System via its web service, or by using web ticket response on the website, or by calling the automated IVR service know as KARL at 800-222-6470 and following the prompts.

KARL receives the facility owner responses and emails or faxes the collected responses to the originator of the Locate request at the end of the business day on the response due date.

For a list of the Facility Owner responses used in the KARL system please see Appendix B - KARL System of this guide.

 

RESPONDING TO EMERGENCY NOTIFICATIONS

Facility owners must respond as soon as practicable following receipt of notification from the One Call System. The response by the facility owner should be consistent with the nature of the emergency information received.  The expectation is that within 2 clock hours of the notice the Facility Owner will respond to the site or make direct contact with the Excavator.

  • Excavation Emergency when the scheduled excavation date is not the same day the notification is placed:

In certain situations that fall within the definition of an emergency, but do not require immediate mark out, an emergency Locate request contains a scheduled excavation date greater than the current date.  For example, a water line break during the winter months, which might freeze, causing a hazard, but can be kept safe until the next day using road salt.  In such cases, the response due is 23:59:59 the calendar day prior to the scheduled excavation date.

  • Damage Emergency:

Damage notices can be the only notification received by the one call system of active excavation activity.   Facility owners should respond to damage notices in the same manner as other emergency notifications.

Repairing the damaged facility:   If the original ticket scope covers the area where repair work will occur, facility owners may proceed with repairs without placing a new notification, otherwise, facility owners should place an emergency notification prior to repairing damage to their lines.

  • Odor of Gas Emergency:

Facility owners should respond to odor of gas notices in the same manner as other emergency notifications.

  • No One Call Emergency:

Facility owners should respond to no one call notices in the same manner as other emergency notifications.

  • Potential Cross Bore Emergency:

Facility owners should respond to potential cross bore notices in the same manner as other emergency notifications.


RESPONDING TO COMPLEX PROJECT MEETING REQUESTS

A facility owner is required to attend and participate in preconstruction meetings for a Complex Project and to work with excavators on a schedule to mark the underground lines reasonably in advance of the actual start of excavation or demolition work for each phase of the work.

If the excavator does not believe a preconstruction meeting is necessary, it will be noted in the Complex Project notice sent to the facility owner, however, facility owners with facilities at the work site may request a meeting with the excavator and a meeting shall be held between the two parties.

When notification(s) exceed the scope of a routine Locate request as defined by the Board, or the work otherwise is determined to be complex in nature, the facility owner may designate a project as complex, and request a meeting with the excavator to determine a mutually agreeable locate schedule.  Facility owners must make direct contact with the excavator to set the meeting.
 

RESPONDING TO DESIGN NOTIFICATIONS

 Facility owners are required to initially respond to a design request for information as to the position and type of the facility owner’s lines based on the information in their possession, or to mark the plans which have been provided to them by the designer, by field location or by another method agreed to with the designer.

Designers may utilize the POCS Coordinate PA application which allows for the upload of drawings at the time the design notification is made.   Facility owners can access the drawings and upload pdfs of their facilities in response to the design inquiry.
 

RESPONDING TO RENOTIFY LOCATE REQUESTS

Facility owners are required to respond to all notifications received from the one call system.

Excavators renotify facility owners when locate request issues arise.  The timing of the renotify request determines the response required of a facility owner:

  • Scenario 1:
    1. On a correctly submitted non-emergency Locate request from an excavator, who, upon their initial arrival at the work site determines that “clear evidence of facilities” exists which are not marked or may be mismarked, and initiates a renotify through the one call system.
    2. The facility owner is required to make “direct contact” with the excavator within two hours.
    3. If the facility owner fails to provide sufficient information to the excavator within three hours after the renotify call to POCS, the Act does allow the excavator to begin work as scheduled, but not earlier than the lawful dig date, provided he exercises due care and uses prudent techniques in his work.
  • Scenario 2:
    1. An excavator disagrees with a response a facility owner made through the one call system, but it is not their initial arrival at the work site.  The one call system will capture the locate issue in the text of the renotify.
    2. The facility owner must respond as soon as practicable.

 

Alleged Violations of the Law

 Facility Owners are required to submit a report of an alleged violation.   Please review Section X for the specifics regarding reporting of alleged violations of Act 287 of 1974 as amended.
 

SECTION VII - RESPONSIBILITIES OF THE DESIGNER

A Designer is any architect, engineer or other person who or which prepares a drawing for a construction or other project which requires excavation or demolition work as defined by the Act.  Each designer preparing a drawing requiring excavation or demolition work within the Commonwealth shall contact Pennsylvania One Call System.  The Design Notice is meant to allow the designer to plan the new work around existing facilities as the law prescribes.  The notice shall be placed not less than 10, nor more than 90 business days in advance of the final design.  Designers can obtain such information more than 90 days before final design is to be completed, however, they shall state in their requirements that such work is preliminary.

According to the Act, Final Design means “the engineering and construction drawings that are provided to a bidder or other person who is asked to initiate construction on the bid or date the project is set for construction in the absence of a bid”.

In many instances engineering and construction drawings are prepared far in advance of the bid date or the start of construction; or last minute project owner/designer adjustments may result in changes to the proposed excavation area.  Preliminary design notifications should be created.  The date of the most recent design One Call Notification should never be more than 90 days prior to the project bid date or date of construction in the absence of a bid.  This provides the designer with the opportunity to assess the possible impact of any recently installed underground facilities within the project area and to adjust the design accordingly prior to the bid or the start of construction.   It is the Project Owner’s responsibility to not release any project to bid or construction until after final design is completed.  Good communication between the designer, project owner and involved facility owners is necessary to produce the most accurate construction drawings possible.

Notifying POCS is the first step and there are several other responsibilities which need to be completed.  Use of the web based Coordinate PA tool will facilitate the process of notifying POCS.

When contacting POCS to request the line and facility information, the information provided should cover the entire scope of the plan or development with enough detail to allow the facility owners to provide the location of their lines in the proposed work area.  As much descriptive information as you can provide shall be given to help the facility owner identify the proposed construction area.   Please be as specific as you can with the location information.  It is very important to describe the site in detail.

The designer shall make a reasonable effort to prepare the construction drawings to avoid damage to and minimize interference with a facility owner's facilities in a proposed construction area by maintaining the clearance as provided for in the applicable easement condition or an eighteen-inch clearance of the facility owner’s facilities, where practical, if no easement restriction exists, or other clearance permitted or agreed upon.

A copy of the project plans shall be forwarded to each facility owner who requests a copy.  If a designer is unable to provide a copy because of security of the project or proprietary concerns regarding the design of the project, the designer shall negotiate in a timely manner with the facility owner the means of obtaining the necessary data.

Designers are encouraged to utilize the POCS Coordinate PA application which allows for the upload of drawings at the time the design notification is made.  Facility owners can access the drawings and upload pdfs of their facilities in response to the inquiry.

The designer shall show upon the drawing the position and type of each facility owner’s line derived pursuant to the request made, the name of the facility owner as shown on the list from the One Call System, the serial number of the Locate request and the toll free number of the One Call System.

The designer should consult with and advise the project owner regarding the project owner’s requirement to utilize sufficient quality levels of subsurface utility engineering. Design stage responsibilities of the designer and project owner are contained within the law and in the latest version of the Common Ground Alliance (CGA) Best Practices.   The Act specifically requires your best efforts to comply with the CGA Best Practices. It is also imperative that the external funding requests include the use of the SUE process in the early and the final design phases.  (PENNVEST has advised POCS that this is an item they will include but it must be spelled out in the initial funding request.)

For projects requiring Section 6.1(1), a competent subsurface utility engineering (SUE) provider should be used to perform ASCE 38-22 utility investigations.  ASCE 38 is a process where experience, good judgement, and proper equipment, are used for each quality level of ASCE 38 to enable the designer to prepare the construction drawings to avoid damage to, and minimize interference with a facility or line. ASCE 38 Quality Level D and Quality Level C are equivalent only to the current designer notification standard under Section 4 (2) of the UULPL.  ASCE 38, Quality Level B and Quality Level A should be applied for more precise horizontal and vertical data necessary for conflict identification during the design phases, when appropriate.  Projects under $400,000 may utilize Levels D and C only, with the exception of a potential conflict of a facility or line. The designer should enter a complex project that has a construction drawing into the Coordinate PA portal.

As ASCE 38 data is collected, this information should be included in the construction drawings in the final design, bid, construction, and post construction purposes.   Electronic as-built data collected should be entered into the post design drawings and maintained for future projects.  All pre and post design data collected are required to be submitted to the One Call System. Note:  For more detailed requirements, refer to Section IX, Responsibilities of the Project Owner, outlined in this Users Guide.

As with notifications of excavation work, the facility owners shall respond to design notifications through the KARL System.  Note that there is a response dedicated specifically for design notifications, “082 Design Conflict.  Please send plans to: <facility owner name & address>”.  In addition to responding through the KARL System, facility owners:

  • can send plans to the designer directly, or through the Coordinate PA application (described above);
  • mark the plans provided by the designer by field location or by another method agreed to by the designer, excavator and facility owner or their agent;
  • or mark the facilities in the field.

The designer is required to attend and participate in preconstruction meetings on complex projects when the excavator determines that the project is a Complex Project and actually schedules a meeting.  project owners are required to participate in design and preconstruction meetings either directly or through a representative.  In many instances the designer may be the project owner’s representative.  Such meetings are encouraged to improve communications between all parties.
 

Annual Fee

The Act requires designers request line and facility information from facility owners and to pay the applicable fee to the One Call System.  The fee is billed on the date of the first notification placed each calendar year.
 

During Excavation

The designer is reminded that responsibilities under the law apply to all design activities, including changes of and additions to a project on which excavation is already underway.  At the end of the project all SUE data shall be forwarded to the One Call Center in enhanced .pdf format.
 

Alleged Violations of the Law

Designers are required to submit a report of an alleged violation.  Please review Section X for the specifics regarding reporting of alleged violations of Act 287 of 1974 as amended.

 

SECTION VIII - RESPONSIBILITIES OF THE EXCAVATOR (After Making the Call)

Many people believe that by notifying the One Call System of intended excavation they have completed all of their responsibilities with respect to the locating process.  This is not the case.  Notifying is only the first step, and there are several other important considerations.

 

Prior to the Start of Excavation

When planning excavation activities, the excavator should consider all available site information relating to the existence of underground facilities.  The position of facility marks, any Subsurface Utility Engineering information contained on the project plans and the existence of visible landmarks such as meters, valve boxes, manhole covers and similar evidence should be included in the excavator’s site assessment.  If working on private property, check with the property owner to help identify any privately owned underground lines.

The excavator must inform each powered equipment operator employed at the site of the information obtained as a result of his notification to POCS.  It also is good practice to provide this information to all workers at the site.   Except in the case of an emergency, the excavator at each job site should have available a complete description of the dig site, a list of the facility owner members impacted at that dig site as identified by the one call center, and the one call ticket number.

The excavator should plan the excavation or demolition work to avoid damage to or minimize interference with underground facilities in the construction area.  If the work requires temporary or permanent interruption of the facility owner’s service the excavator must coordinate the work with the affected facility owner(s) in all cases.

If the excavator is using horizontal directional drilling (HDD), he must, at a minimum, utilize the best practices published by the HDD Consortium.

If requested to do so by a facility owner, the excavator must assist a facility owner in determining involvement of their lines by disclosing additional available information including dimensions and the direction of the proposed excavations.

The excavator, except in an emergency with proper notification to POCS, may not begin excavation or demolition earlier than the scheduled excavation date which can be on or after the third business day after the notification to POCS was made.  In a Complex Project, the excavator may not begin excavation earlier than ten business days after notification to POCS.

Consider documenting the position of marks as soon as possible after they are placed.  Be watchful for possible removal and tampering of marks.   This can occur unintentionally as a result of things such as lawn mowing, normal street maintenance, activities of children playing in the neighborhood as well as normal construction activities.  Please remember that weather and wear can obliterate markings.  Do not pile brush or spoilage on the marking.  You are responsible for the marks once the locator has left the site.  If the excavator suspects that marks may have been compromised or eliminated he should contact POCS to request that the facilities be marked again.


During the Excavation Process

All underground facilities encountered during the excavation work should be considered in use and potentially dangerous unless specific information from the facility owner indicates that the facility is abandoned or otherwise not in use and does not contain any dangerous elements or by-products.

If and when the excavation operation approaches the estimated location of underground facilities, the excavator must determine the precise location of the marked facility by safe and acceptable means.  This must be accomplished by the use of hand tools or vacuum excavation techniques.  The Act requires the use of prudent techniques for the area considered the “TOLERANCE ZONE”, which means the horizontal space within eighteen inches of the outside wall or edge of a line or facility.  After locating the precise location of underground facilities through the use of prudent techniques, excavators must continue to exercise due care within the tolerance zone to avoid interference, injury or damage to the underground lines.

If a marked facility is not found within the established Tolerance Zone during excavation, the excavator should contact POCS and renotify the facility owner.  If excavation continues, prudent techniques must be used until the precise location of the facility is identified or until it has been otherwise determined that the excavation is not in conflict with the facility.  The excavator may be entitled to compensation from the project owner for this extra work as set forth in clauses (4) and (15) of section 5 of the Act.  The project owner under the Act is any person who or which engages the excavator for construction or any project which requires excavation or demolition work as herein defined.

Work with the locator to reduce the confusion at the work site.  Scheduling and cooperation can keep your job moving efficiently.  Discuss your schedule and resources with the locators and set up a working relationship that can save everyone significant delays and confusion.  It is always a good practice to document the work you do and record what safety instructions are given by the locator or field representative at the site.

Some facility owners have special policies because of the critical nature of their lines, (i.e. liquid pipelines, fiber optic communications, high pressure natural gas, chemical lines), and want to be on site when you are near their lines.  Some facilities demand special consideration and are significant enough that your risk management policy should dictate extreme care be taken when working around these lines.

The One Call System is a mandatory organization, however, exemptions do exist.  Pennsylvania One Call System (POCS) is the only One Call System in operation in Pennsylvania.  Some underground facility owners have elected not to belong; in violation of the Act.  Excavators are not required to make an effort to contact these nonparticipating facility owners directly before attempting an excavation, but realistically there could be a safety issue if you see indications of facilities that are not marked.  It is your safety that’s at risk.  Entities exempt from membership under the Act are listed in the definition of “Facility Owner” and excavators should also be aware of exemptions within the definition of “Line or Facility” within the Act.

POCS is not responsible for the actual marking of facilities.  It takes information from the excavator and relays it to the underground facility owners.   The facility owners are responsible for ensuring that their facilities are properly marked.

Facility owners are required to respond to all notifications.  POCS will collect the responses from the facility owners through the KARL system and relay it to the excavator by email or fax.  When one underground facility owner indicates that there are no facilities in conflict with specific excavation, the excavator must realize that this does not mean that POCS has cleared the site, nor does it mean that other facilities are not at that location.  Excavators are encouraged to verify the current status of their one call request prior to commencing excavation or demolition work by calling the POCS KARL system at 1-800-222-6470.  Please see Appendix B - KARL System of this guide for further details.

Failure to Locate Facilities Prior To the Start Date

In cases where a facility owner has not responded to a correctly submitted non-emergency excavation request, or they have responded and the excavator, upon their initial arrival at the work site determines that “clear evidence of facilities” exists and are not marked or may be mismarked, the excavator must re-notify POCS.  The facility owner(s) must make “direct contact” with the excavator.  Excavation within the location of the unmarked or mismarked lines may not begin until receiving sufficient information from the facility owner to safely excavate.  If the facility owner(s) fails to provide sufficient information to the excavator within three hours after the call to POCS, the Act does allow the excavator to begin work as scheduled, but not earlier than the lawful dig date, provided he exercises due care and uses prudent techniques in his work.

When Damage Occurs

If during the course of excavation, a facility has been exposed and/or damaged, it is the excavator’s responsibility to promptly notify the facility owner so that it may be inspected and repaired, if necessary, before being backfilled.  Damage can also occur from improper backfilling around exposed utilities.  The excavator should support these exposed facilities until such time as the facility owner inspects them.  Failure to notify the facility owner can result in the excavator being held responsible for any and all damages attributable to the damaged facility.

Cathodic Protection techniques are often used to deal with the earth’s stray electric current where steel and other metal lines are buried.  If these are damaged they cause problems to the pipe or cable and must be repaired by the facility owner, and the damage should also be reported.

If the damage results in the escape of any flammable, toxic or corrosive gas or liquid which endangers life, health or property the excavator must immediately notify 911 and the facility owner.  The excavator must also take reasonable measures, based on his knowledge, training, resources, experience and understanding of the situation to protect himself and those in immediate danger, the general public, property and the environment until the facility owner or emergency responders have arrived and completed their assessment of the situation.  The excavator must also remain on site to convey any pertinent information to responders that may help them to safely mitigate the situation.  The requirement to notify 911 is mandated by the Act and by the Federal Pipeline Safety Act.

Annual Fee

The Act requires excavators to make a locate request to the One Call System prior to excavation or demolition work and to pay the applicable fee for the request.  The fee is billed on the date of the first Locate request placed each calendar year.

Alleged Violations of the Law

Excavators are required to submit a report of an alleged violation.  Please review Section X for the specifics regarding reporting of alleged violations of Act 287 of 1974 as amended.

 

SECTION IX - RESPONSIBILITIES OF THE PROJECT OWNER

It is the Project owner who is in the best position to influence damage prevention measures applied in the design and preconstruction phases, as well as once excavation begins, as they control the finances, scope of project, and terms in the contract.

This section of the Users Guide recognizes the value of communication between all parties to the Act.  To that end POCS has launched Coordinate PA, a planning tool intended to promote collaboration, cooperation, coordination and communication among all stakeholders.   It is a tool that requires participation by Project owners or their designees to populate future projects to be successful at improving project quality, eliminating potential conflicts in advance of construction, and reducing damages to existing infrastructure. 

It is the duty of Project owners to utilize and pay for Subsurface Utility Engineering (SUE) in accordance with the Act.  It is the Project owner who initiates design projects that will require excavation or demolition and they are its principal beneficiary.  The use of SUE or other similar techniques is required on large or complex projects costing $400,000 or more.  The SUE process provides a way to accurately identify the quality of subsurface utility information.  (see ASCE 38-22 (SUE) PROCESS - Standard of Care section, et.seq. below).

Project owners must furnish the pertinent data obtained through subsurface utility engineering to the One Call System in a mutually agreeable format.   PA One Call’s Coordinate PA application is the expected repository for upload of SUE data.

Project owners must not release to bid or construction any project until after final design is completed.

For new construction and where practicable in the opinion of the Project owner, color-coded permanent markers must be installed to indicate the type and location of all laterals installed by the Project owner.  These markers will assist in locating efforts in the future.

Project owners are obligated to timely respond to notifications received from the excavator when facility owners cannot accurately locate or identify all lines.   When not resolved in the design phase, and an excavator must ascertain the location or lines, including unclaimed or abandoned lines, as outlined in the Act in Section 5, clause (15), the excavator is entitled to compensation from the Project owner as outlined in said clause.   The Project owner has responsibility to respond to such notifications, and to compensate the excavator for such work.  By utilizing the SUE process, or other similar techniques, in the Design Phase, this potential is minimized.  (Refer to Section III of this User Guide, Type of Calls, #1 for information on Preliminary and Final Design notifications.)

Project owners are required to participate in design and complex project preconstruction meetings and shall encourage such meetings, as appropriate, for work they put forth that is larger than the maximum area that a routine Locate request may cover to provide for a mark out plan with existing facility owners that can be maintained and help keep the project on track.

ASCE 38-22 (SUE) PROCESS - Standard Of Care

The American Society of Civil Engineers (ASCE) has developed an important standard of care guideline, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data, CI/ASCE 38-02. As of August 26th, 2022 ASCE 38-02 has been updated to 38-22 and 75-22 added to clarify the recording of that Data.

This standard guideline describes four quality levels of utility depiction:

Quality Level D - Information derived from existing records or oral recollections.

Quality Level C - Information obtained by surveying and plotting visible above-ground utility features and by using professional judgment in correlating this information to Quality Level D.

Quality Level B - Information obtained through the application of appropriate surface geophysical methods to determine the existence and approximate horizontal position of subsurface utilities.

Quality Level A - Precise horizontal and vertical location of utilities obtained by the actual exposure and subsequent measurement of subsurface utilities, usually at a specific point.

To order a copy of ASCE Standard 38-22 and 75-22, please go to the ASCE Bookstore: http://www.pubs.asce.org/ or call 1-800-548-2723.

This Chart is taken from ASCE and FHWA brochure. Click the link below to see the Federal Highway Administration Color Brochure and note that Final Design Level is “A”

 Project Application
 

Updated: 06/27/2017 SUE Brochure - Subsurface Utility Engineering - Utility Program - Design - Federal Highway Administration (dot.gov)

 

SUE Definition. The ASCE standard makes it very clear that SUE is a process, not a technology. It defines SUE as a branch of engineering practice that involves managing certain risks associated with utility coordination; utility mapping at appropriate quality levels; utility conflict analysis; utility relocation, design, and coordination; utility condition assessment; and communication of utility data to concerned parties.

How can all these items be SUE? Keep in mind that SUE today is a process. It is no longer just paint marks on the ground or vacuum excavation. These technologies are not even mentioned in the ASCE definition. They may be part of SUE, but then again, they may not be.

ASCE 38 (SUE) Process. The SUE process doesn't follow any set pattern. Rather it is tailored to individual projects. It essentially involves systematically identifying the quality of utility information needed to design a project and acquiring and managing that level of information. 

The following tasks are typically performed in the SUE process:

  • Identify utility owners that have facilities on or may be affected by the project. Contact these utility owners (face to face meetings are preferable) and provide them with information about the proposed project. Schedule periodic follow-up meetings.
  • When the project plans are about 30% completed, or possibly even sooner in the planning phase, provide the plans to utility owners along with a request that they review the plans and provide pertinent “as built” or other existing utility information. Obtain existing utility information from other sources. Review all information that can be obtained and plot it on a utility composite drawing or something equivalent. This is Quality Level D (QL-D) information.
  • Make field observations to identify visible above-ground utility features. Survey and plot resulting information. This is Quality Level C (QL-C) information. It is correlated with the records information (QL-D). When records and features information do not agree, resolve discrepancies.
  • Use appropriate surface geophysical methods (i.e., pipe and cable locators, terrain conductivity methods, resistivity measurements, metal detectors, ground-penetrating radar, etc.) to designate existing subsurface utilities or to trace a particular utility system. This provides two-dimensional horizontal information. Place paint marks on the ground. Place identification flags or stakes on the paint marks or coding on the pavement at 50-foot intervals and survey to project control. Depict resulting information in the client's computer-aided design and drafting (CADD) system, Geographic Information System (GIS), and/or manually plotted plan sheets. This is Quality Level B (QL-B) information. If requested by the project owner, also survey and depict information about aerial utilities.
  • Resolve differences between QL-B, QL-C, and QL-D information. This may involve additional surface geophysical searches and/or actual exposure of some subsurface utilities. This may require re-depicting utilities that have previously been depicted in order to present the more accurate information.
  • Develop a conflict matrix showing all possible conflicts. This involves comparing depicted utilities information with proposed plans (highway, bridge, drainage, maintenance of traffic, and other). The resulting matrix contains columns to record the physical location of each conflict, the name of the utility involved, the nature of the conflict, and action needed. Upon analyzing the information recorded on the matrix, it will be obvious that some conflicts can be readily resolved, some conflicts are questionable and additional information is needed, and some conflicts cannot be resolved.
  • Convene and facilitate a meeting with utility companies to discuss potential conflicts and other aspects of the project. Discuss possible strategies to avoid conflicts and identify locations where additional three-dimensional information is needed.
  • Expose selected subsurface utilities to obtain three-dimensional information. Use minimally intrusive excavation methods, such as vacuum excavation. Depict resulting information using computer-aided design and drafting or manual plotting methods onto plan sheets. This is Quality Level A (QL-A) information.
  • Resolve differences between QL-A information and the previously obtained QL-B, QL-C, and QL-D information. Depict new and corrected information. Go back to the conflict matrix with the new QL-A information to determine the status of conflicts requiring additional information. Meet with utility companies to discuss these conflicts and possible strategies to avoid utility relocations.
  • Deliver depicted information to the project owner. The basic deliverables for utility information are a CADD file, a GIS file, or a plan sheet that has utility information in plan view for Quality Levels A, B, C, and D and utility information in plan and profile view for Quality Level A.
  • Work with the project owner's designers to be sure they understand the information provided and to suggest possible ways to avoid conflicts.
  • Where conflicts cannot be avoided, and utilities will have to be relocated:
    • Determine prior rights.
    • Obtain relocation cost estimates and plans from utility companies.
    • Prepare utility relocation agreements.
    • Provide utility relocation design.
    • Acquire necessary right-of-way.
  • Store pipe location and condition information in a database for asset management.
  • Work with utility companies, one-call centers, and contractors during construction as needed.
  • Continue to represent the project owner in all utility-related activities as the project progresses.

In regard to the above tasks, several important things need to be kept in mind:

  • These tasks may be provided by the project owner but are more commonly performed by a SUE provider working closely with the project owner. They are most effectively utilized when coordinated by a capable utility coordinator employed by the provider. The utility coordinator is responsible for working with the owner and the affected utilities to determine the need for each task and to assure selected tasks are performed properly and expeditiously.
  • These tasks may be used in a different order than that prescribed above (i.e., it may sometimes be more practical to perform (a) QL-C tasks before and/or in conjunction with QL-D tasks, and/or (b) QL-B tasks before and/or in conjunction with QL-C or QL-D tasks).
  • Some of these tasks should be used on every project, but it may not be necessary to use all of them (e.g., QL-D and QL-C information may be all the information deemed necessary for projects under $400,000). If not willing to accept potential risks involved in using only QL-D and QL-C, project owners may opt to obtain additional information using QL-B and QL-A or other methods.  Determinations may be made every step of the way until acceptable risk levels are achieved.

No matter how many tasks are employed or in what order they are applied, it is all the SUE process.

 

Alleged Violations of the Law

Project owners are required to submit a report of an alleged violation.  Please review Section X for the specifics regarding reporting of alleged violations of Act 287 of 1974 as amended.


SECTION X - ENFORCEMENT AND REPORTING ALLEGED VIOLATIONS

The UULPL assigns enforcement authority to the Pennsylvania Public Utility Commission (PUC) and established a Damage Prevention Committee (DPC).  The DPC has the authority to review reports of alleged violations, issue warning letters, issue informal determinations that impose administrative penalties, and require persons to attend a damage prevention educational program.  Affected parties have various rights regarding informal determinations, including the right to be heard, and the right to appeal administrative penalties; however, most cases are likely to be resolved at this level.

The DPC appointed by the PUC, consists of members of various stakeholder groups, as well as the PUC, the Department of Transportation, and Pennsylvania One Call System, with the PUC representative serving as the chairman.  (See Section 7.8 of the UULPL.)

The PUC also has the right, in appropriate cases, to file criminal and civil complaints against violators.  Such action is more likely to occur where there is death, personal injury, or significant property damage, or in the case of repeat offenders.

The PUC has established a full-time enforcement staff specifically for the UULPL.  In addition, the PUC will issue regulations that describe how both enforcement and the DPC will operate, consistent with the UULPL.  Initially, these will be temporary or interim regulations, but, eventually, they will become permanent regulations.  The PUC has the power to amend the regulations, as well.

 

Alleged Violations

All Alleged Violation Reports are to be submitted via the POCS website under the Enforcement section.

Excavators, designers, project owners, and facility owners shall submit an alleged violation report to the commission through the One Call System for instances when a person by action or inaction fails to fulfill the obligation of the Act.  The report of alleged violation shall be in a form and manner as required by the commission.  An Alleged Violation Report (AVR) is submitted from the POCS website under the Enforcement section. 

  • Facility Owner - Submit a report of alleged violation not more than thirty business days after receipt of notice that the facility owner's lines have been damaged by excavation or demolition work or if the facility owner believes a violation of this act has been committed in association with excavation or demolition work.  No report may be required where the cost to repair the damage to the facility owner's lines is less than two thousand five hundred dollars ($2,500), unless the same person damaged the facility owner's lines two or more times within a six-month period.
  • Designer - Submit a report of alleged violation not more than thirty business days from the time the designer becomes aware that a violation of this act may have been committed in association with excavation or demolition work. 
  • Excavator - Submit a report of an alleged violation not more than ten business days after striking or damaging a facility owner's line during excavation or demolition or if the excavator believes a violation of this act has been committed in association with excavation or demolition work. 
  • Project Owner - Submit a report of alleged violation not more than ten business days after striking or damaging a facility owner's line during excavation or demolition work activities, after a project owner's contracted excavator strikes or damages a facility owner's line during excavation or demolition activities or if the project owner believes a violation of this act has been committed in association with excavation or demolition. 

When notified of an alleged violation, the stakeholder should fully investigate circumstances involved with the alleged violation. 

Designate one person from your organization as a “contact person” to administer these alleged violation reports. 

Pennsylvania One Call System is not responsible for the issuance of citations or enforcement under this statute.

 

Alternate Dispute Resolution 

Pennsylvania One Call System has the authority under the statute to create and administer a voluntary payment dispute resolution process for all parties involved with the statute.  This process may not be used to settle or resolve alleged violations of the law.

 

SECTION XI - TAMPERING WITH MARKS

Under the law owners of underground facilities such as pipe lines, electric, communication and other types of lines are required to place physical marks on the surface of the ground within 18” of the actual underground position of the lines, identifying the size, type and number of lines when an excavator makes a request to locate through Pennsylvania One Call System, Inc.  These marks help the excavator determine, in advance of excavation, where the safety (tolerance) zone of the buried lines is so the excavator can use prudent techniques to safely excavate without causing damage to the underground facility within the tolerance zone.  This process greatly reduces the chance that an existing line will be damaged during excavation activities.

It is important that these marks remain visible and unaltered until all excavation in the area is completed.  Accurate marks for underground lines result in safer excavations with fewer damaged lines.  Removing, moving or otherwise tampering with marks for underground facilities increases the chance of damage to the line.  This can result in injury and even death to those in the immediate vicinity.   It also can cause interruption of service to you and your neighbors and may result in costly repairs that could increase your monthly utility bills.

Marks that have been removed, moved or otherwise tampered with are never accurate and could prove to be deadly!   The color, style, method and location of marks communicate critical information to the excavator.  If you witness or otherwise have reason to believe that someone has tampered with underground utility marks, please immediately notify the excavation company and Pennsylvania One Call System, Inc.  POCS may be contacted by dialing 8-1-1 or 1-800-242-1776.

Tampering with underground facility marks, even if those marks are placed on private property, violates Section (10) of PA Act 287, as amended.

Accurate marks result in safer excavations for everyone!

 

SECTION XII - WEBSITE TOOLS

POCS provides a variety of online tools to stakeholders:  Excavators, Designers, Facility owners (members), and homeowners.  All are available at www.paonecall.org to authenticated users.

A user account is needed to gain access to any and all of POCS’s online tools.   To create a user account, navigate to www.paonecall.org and select “Create Account” in the black bar at the top of the homepage.  The following information, at a minimum, is needed to create a user account: First and Last Name; Company; Email address; Street Address; City, State, Postal Code; Desired user name and Password.  Other information (such as title, company name, telephone number) is helpful to POCS but not required to create an account.  When the form is completed, click the <save> button at the bottom of the form.  The website will validate the information provided and create an account.

To gain access to online tools, navigate to www.paonecall.org and select “Sign In” from the black bar at the top of the homepage.  Then choose “Request Applications” from the “Applications” menu selection in the red bar near the top of the screen.  Then check the applications you wish to gain access to and click the <Request> button at the bottom.

The request will be pending until a Member Services Representative reviews the request and grants access.  Not all applications are available to all users – for example, the “Member Database Verification” application is only available to users who work at a member company and are responsible for maintaining their information on file with PA One Call.  When access is granted, the user is notified via email or a telephone call.

What online applications are available to authenticated users?

Coordinate PA (CPA).  This web service application developed to support Public Works (governmental) and Utility advance planning to aid in design and project planning collaboration and cooperation.

POCS maps are used to display participating project scopes and phases to make it easy for contributors to identify collaborative project opportunities far enough in advance to recognize cost savings and minimize disruption to the public through sharing and coordination of their effort.

CPA integrates with POCS’s Web Ticket Entry process to create Design and Excavation notifications from the project coordination tool to increase project safety and reduce project costs as required by Pennsylvania’s Underground Utility Line Protection Law.

Pennsylvania coordinating committees meet to share their projects and project plans in an effort to find overlap in construction work.  A list of coordinating communities is available in the Resource Center of the POCS website.

CPA also facilitates the exchange of electronic design files between a facility owner and a designer for design tickets.  Instead of sending paper copies of design files to facility owners that request them, the designer can upload an electronic file for the facility owner to view, determine their involvement, and upload pdfs of existing facilities which then appear as layers within the application so the designer can view them to plan their work.

Facility Owner Billing.  This application for underground facility members to view and pay PA One Call invoices electronically.

Member Database Verification.  This application facilitates online verification without the need for a paper form. POCS verifies facility owner information on file every year.  The member is asked to verify all information on file, including business address, contact information, municipalities where the member owns or operates underground facilities, and maps of their notification area(s).  

Member Mapping.  This application is a geospatial mapping tool used by facility owners to describe notification areas within the municipalities where the member owns or operates underground lines.   The member draws points, lines or polygons on a map to indicate where they want to be notified of excavation activities.  POCS accepts shapefiles.  These notification areas are compared to the proposed excavation area on a ticket.  No overlap between the proposed excavation area and the member notification area indicates that excavation will not occur near the member’s underground facilities, and ticket receipt to the member is suppressed.

Online Ticket Management.  This application facilitates viewing the ticket database for facility owners, excavators, and designers.  The facility owner can query the database for their tickets within a specified date range and filter on a variety of ticket attributes such as CDC, ticket action type, ticket county or ticket municipality, and response status. The excavator or designer can query the database for their tickets within a specified date range and filter on a variety of ticket attributes such as ticket action type, ticket county or ticket municipality, and facility owner responses and notes. A map is provided to both Facility Owners and Excavators to utilize a spatial search of the tickets received or placed, respectively. The center point of the notification area is represented by a blue or red dot. The red dots indicates the emergency tickets.

Web Single Address. This application is for Professional Excavators and Property Owners to submit an individual or "residential" address to request an underground facility line location prior to digging.

Web Ticket Entry.  This application is an online or mobile application for excavators to enter design, construction or emergency location requests without contacting POCS by telephone.

Web Ticket Response. This application is an online or mobile application that records ticket responses from facility owners.  The facility owner logs in to the system and can view a color coded list of tickets, including tickets that need a <CLEAR> or <MARKED> response.  . Notes are accepted, saved for viewing with each response in our online applications, and shared with the excavator.  
 


Appendix A

Terminology often used when creating a notification

A.    Center Lane(s) – In a four-lane street, the two lanes at the center of the pavement.

B.     Cul-de-sac – A local street open at one end with a special provision for turning around. 

 

 

C.       Culvert (not pictured) – Any pipe or structure under a roadway or driveway to facilitate drainage of surface water.

D.       Curb Lane(s) – Traffic or parking lane immediately adjacent to the curb.

E.       Curb to Curb – The paved area of a road right of way between the two curb lines.

F.        Curb to Property Line – The area between the curb and the front property line.

 


G.      Curb Line – The point where the curb meets the edge of the street pavement.

H.      Easement (not pictured) – A right to use or control the property of another for designated purposes.

I.        Frontage Road (access road - not pictured) – A local street or road auxiliary to and located on the side of an arterial highway for service to abutting property and adjacent             areas and for control access.

J.      Front Lot Line – (Same as street right of way line) the property line adjacent to the street right of way. 

K.     Intersection – The general area where two or more highways join or cross, within which are included the roadway and roadside facilities for traffic movements in that area.

  

L.     Interchange (not pictured) – A system of inter-connecting roadways in conjunction with one or more grade separations providing for the movement of traffic between two or           more roadways on different levels.

M.     Lot Line – A line marking the legal limits of an individual’s property.

N.     Lot Line to Lot Line – The area between the two side lot lines on private property and the entire road right of way (See R.)

O.     Median – The portion of a divided highway separating the traveled ways for traffic in opposite directions.

P.      Property Line – See Lot Line (M).

Q.     Rear Lot Line(s) – Property lot line at the rear of the lot (area opposite street that connects the two side lot lines). 

R.            Right of Way – Dedicated street areas bounded by two generally parallel lines called right-of-way lines.  Another name for these lines is front property lines.  

S.         Road (not pictured) – Highway in rural area.

T.          Roadway – The portion of a highway, including shoulders, for vehicular use.

U.         Shoulder – The edge of a road (generally gravel) between normal traffic lanes and grass areas.  The term normally used in areas where there is no curb.

V.         Side Lot Line(s) – The two property lines, which normally extend away from the street right-of-way.

W.         Street (not pictured) – Highway in an urban area.

X.          Tolerance Zone (not pictured) – The horizontal space within eighteen inches of the outside wall or edge of a line or facility.

 


Appendix B

The KARL System

(Kathy Automated Response to Location requests)

 

Overview

Pennsylvania One Call System, Inc. (POCS) has created a voice relay and response solution that automates the call out process to facility owner members requesting supplemental voice relay of information on emergency notifications; allows facility owner members to respond to all notifications; faxes or emails excavators/designers with the collected responses; and allows excavators/designers to retrieve information about their responses.

When an excavator/designer calls into the system a customer service representative (CSR) will enter the ticket information into the POCS computer system as a Locate request (WLR).  Excavators and designers who have registered with POCS may also create their own WLRs utilizing Web Ticket Entry.  Each WLR is assigned a unique serial number.  Based on information within the ticket the computer system assigns a message type and determines if voice notification has been requested by a facility owner member.  This information is passed to the KARL System.

KARL determines the priority of the voice message and queues a voice call out request for each pertinent facility owner.  When a facility owner answers a voice call out KARL speaks the WLR information.  Upon completion of the callout, KARL records the outcall status as successful or failed.

Anytime during voice relay of an emergency, KARL will accept responses to the spoken WLR information.  When a facility owner responds, KARL will record their response in the database.  On all other WLR’s, KARL will accept responses through telephone input, data transfer, or web ticket response.

On the response due date, KARL will fax or email the results to the excavator/designer who initiated the WLR, to inform them of the status.  If a response is not received for a facility owner by the response due date, KARL will send a “No response” indication for that facility owner.  At any time, the excavator/designer may call into KARL to inquire the current status of the WLR. 

KARL RESPONSE CODES BY NUMBER

 

001

CLEAR. NO FACILITIES OR FACILITIES NOT INVOLVED BASED ON TICKET INFORMATION.

FINAL

002

CONFLICT. LINES NEARBY. DIRECT CONTACT TO FOLLOW BY FACILITY OWNER.

INTERIM

003

FIELD MARKED.

FINAL

004

INSUFFICIENT INFORMATION. DO NOT DIG.

INTERIM

005

NOT MARKED DUE TO NO ACCESS.

INTERIM

006

SCHEDULED DATE & TIME LINES WILL BE MARKED BY: <Facility Owner enters date and time>

INTERIM

007

VOICE MESSAGE (temporary communication valid for 30 days)

INTERIM

082

DESIGN CONFLICT. PLEASE EMAIL OR SEND PLANS TO: <system completes Facility Owner name & address from file>

INTERIM

083

ENGINEERING COMPLETED. A PDF FILE OR MARKED UP PLANS WERE SENT TO THE REQUESTOR.

FINAL

090

WILL ATTEND MEETING.

INTERIM

091

CLEAR. WILL NOT ATTEND MEETING.

FINAL

092

REQUESTS MEETING. DIRECT CONTACT TO FOLLOW BY FACILITY OWNER.

INTERIM

095

DID NOT ATTEND MEETING. DIRECT CONTACT TO FOLLOW BY FACILITY OWNER.

INTERIM

096

AGREES NO MEETING REQUIRED.

INTERIM

099

ATTENDED MEETING. REACHED AGREEMENT.

FINAL

999

DID NOT RESPOND THROUGH PA ONE CALL.

VIOLATION

 

With the exception of 007 and 999, each response code has a “note” section, which Facility Owners may use to relay additional information to the excavator, designer, or homeowner.

KARL Responses - Uses and Constraints

NOTE: INTERIM responses require an update to a valid FINAL response.

001    CLEAR. NO FACILITIES OR FACILITIES NOT INVOLVED BASED ON TICKET INFORMATION.

  • Facility Owner has no underground lines at the site as described in the Locate request.
  • This is considered a final response under the law.

002    CONFLICT. LINES NEARBY. DIRECT CONTACT TO FOLLOW BY FACILITY OWNER.

  • Facility Owner may have underground lines at the site and will contact excavator directly at the contact information provided on the Locate request.
  • This is considered an interim response under the law and should be updated with a Clear (001) or Field Marked (003) response after contact is established with the excavator.

003    FIELD MARKED.

  • A locator was dispatched and physically marked lines at the work site.
  • This is considered a final response under the law.

004    INSUFFICIENT INFORMATION. DO NOT DIG.

  • Facility Owner cannot make a determination of their involvement based on the information provided by the excavator on the Locate request.
  • The facility owner should attempt to contact the excavator to obtain additional information, or instruct the excavator to call in a new Locate request.
  • This is considered an interim response under the law and should be updated with a Clear (001) or Field Marked (003) response after contact is established with the excavator.

005    NOT MARKED DUE TO NO ACCESS.

  • Facility Owner has a conflict but could not mark their lines at the site because the locator could not gain access to the location caused by things such as a bad dog, locked gate or other security measures.
  • The facility owners should attempt to contact the excavator to arrange for access.
  • This is considered an interim response under the law and should be updated with a Clear (001) or Field Marked (003) response after contact is established with the excavator.

006    SCHEDULED A DATE AND TIME LINES WILL BE MARKED BY: <Facility Owner enters date and time>

  • Facility Owner will mark the lines at the site by the mutually agreed upon date and time.
  • This is considered an interim response under the law and should be updated with a Field Marked (003) response once marking is complete.

007    VOICE MESSAGE (TEMPORARY)

  • Facility Owner recorded a message to convey information to the excavator that is different from the standard KARL responses. It is important to note that this is a temporary message that is only saved for 30 days and is not considered a final response under the law.
  • This is considered an interim response under the law and should be updated with a Clear (001) or Field Marked (003) response once contact is established with the excavator.

082    DESIGN CONFLICT. SEND PLANS TO: <system completes Facility Owner name & address from file>

  • Facility Owner has lines at the site and the design drawings should be sent to them for markup.
  • This is considered an interim response under the law and should be updated with an Engineering Completed (083) response once plans are marked up and returned to the designer, or updated with a Clear (001) response if after review of the plans, the Facility Owner determines no conflict exists.

083    ENGINEERING COMPLETED. A PDF FILE OR MARKED UP PLANS WERE SENT TO THE REQUESTOR.

  • The Facility Owner has answered the designer’s request for plans by uploading a PDF of their lines, or marked up the PDF provided by the designer.  Alternately, the Facility Owner may email or mail hard-copy, marked up drawings to the requestor.
  • This is a final response under the law.

090     WILL ATTEND MEETING.

  • Facility Owner may have underground lines in the area of the complex project and will attend the meeting.
  • The law requires Facility Owners to attend complex project meetings when requested by the excavator.
  • This is considered an interim response under the law and should be updated with a Clear (001), Field Marked (003), or Attended Meeting-Reached Agreement (099) response.

091    CLEAR. WILL NOT ATTEND MEETING.

  • Facility Owner has no underground lines in the area of the complex project and will not attend the meeting.
  • This is a final response under the law.

092    REQUESTS MEETING. DIRECT CONTACT TO FOLLOW BY FACILITY OWNER

  • The Facility Owner is designating the work as complex for their company.  The Facility Owner will contact the excavator.  DO NOT DIG until the facility owner and excavator agree on a mark out schedule.
  • Excavators are required by law to conduct a meeting with any Facility Owner that requests it.
  • This is considered an interim response under the law and should be updated with a Clear (001) or Field Marked (003) response.

095    DID NOT ATTEND MEETING. DIRECT CONTACT TO FOLLOW BY FACILITY OWNER.

  • Facility Owner may have a conflict at the site, but was unable to attend the preconstruction meeting.
  • The Facility Owner should attempt to contact the excavator to set a one-on-one meeting.
  • This is considered an interim response under the law and should be updated with a Clear (001), Field Marked (003), or Attended Meeting-Reached Agreement (099) response.

096     AGREES NO MEETING REQUIRED.

  • Facility Owner agrees that a meeting is not required for this complex project.
  • This is an interim response under the law and should be updated with a Clear (001) or Field Marked (003) response.

099     ATTENDED MEETING. REACHED AGREEMENT.

  • The Facility Owner attended the meeting, has determined there is a conflict, and reached an agreement on a locate schedule.
  • This is considered a final response under the law.

999    DID NOT RESPOND THROUGH PA ONE CALL.

  • System generated response when no response is received from Facility Owner prior to the response due date.
  • This is a violation of the law.
     

USING THE INTERACTIVE VOICE RESPONSE SYSTEM (KARL):

Users of the KARL response system will be required to enter numeric and alphabetic answers to interact with the voice response unit.  These responses may be entered verbally or by using the telephone keypad.  At different times in the script, KARL may ask facility owners for the member call directing code (CDC), for the initials of the person entering responses or accepting supplemental voice out-dials, and to confirm the company telephone numbers.  KARL will ask excavators and designers for their company telephone number, for serial numbers, and the initials of the person performing the inquiry.  It is best to speak the answers.

If you choose to enter your alphabetic response by using the telephone keypad you must translate the letters into numbers.   To translate letters into numbers for entry into KARL, look at the letter on the telephone keypad and the letter’s position on the key.  For the letter Q enter 11 and for the letter Z enter 12.

For example, if your initials are SAM, you would enter the number 7 matching the key where the S is found, followed by the position of the letter S which is 3.  The numeric representation for the letter S would be 73.  The A would be 21 and the M would be 61.

  
Facility Owner Response and Excavator/Designer Inquiry

Responses are initiated by facility owners after they have researched the serial number information delivered to them during the notification phase.  Facility owners are required to respond to design stage serial numbers within ten business days of the creation date of the serial number, and by the response due date on construction serial numbers.  Responses will be accepted from the facility owner after entering the member CDC and the initials of the person initiating the response.  Serial number responses may be updated by a facility owner multiple times.  The last response made will be included on the Response to Caller email/fax transmission. 

Inquiries can be initiated by excavators and designers, who can listen to the current status of the serial number they entered.   The date/time of the inquiry will be recorded in the database.

Facility Owner Response 

Action required:                Call KARL at 1-800-222-6470

KARL will say:                        “Thank you for calling the Pennsylvania One Call serial number response system. “   Please indicate the type of caller you are.  Press or say 1 for excavator, press or say 2 for facility owner, press or say 3 for homeowner.  To speak with a customer service representative, press or say 0.”

Action required:                  PRESS or SAY 2

KARL will say:                        ”Please enter your CDC code.  Press or say 7 for help on how to enter your cdc code numerically.”

Action required:                  Enter your two or three digit cdc. 

KARL will say:                        “CDC <cdc> is for <facility owner name>.   If this is correct, press or say 1.  If this is not correct, press or say 2.  To speak with a customer service representative, press or say 0.”

Action required:                  PRESS or SAY 1

KARL will say:                        “Please enter or say your initials.  Press or say 7 for help on how to enter your initials numerically.”

Action required:                  Enter or say at least two initials (4 numbers).   KARL will accept three initials (6 numbers).

KARL will say:                        “The initials you have entered are <initials>.  If this is correct, press or say 1.  If this is not correct, press or say 2.  To speak to a customer service representative press or say 0”.

Action required:                  PRESS or SAY 1

KARL will say:                        “Please enter or say the one call serial number.”

Action required:                  Enter your 11 digit serial number.

KARL will say:                        “The work location for ########### is for <work site address>.  If this is correct, press or say 1.  If this is not correct, press or say 2.  To speak with a customer service representative, press or say 0.”

Action required:                  PRESS or SAY 1.

KARL will say:                        “What is the status of this ticket?”

“If this location is clear, no facilities or facilities not involved press or say 1.

If this location has Conflict, lines nearby direct contact to follow by facility owner, press or say 2.

                                              If this location is field marked, press or say 3.

                                             If this location has insufficient information, do not dig, press or say 4.

If this location is not marked due to no access, press or say 5.

If you will schedule a date and time for the mark, press or say 6.

If you would like to leave a voice message, press or say 7.

                                                If there is a design conflict, press or say 82.

                                                If a PDF file is marked up plans were sent to the requestor, press or say 83.

                                                If you will attend the meeting, press or say 90.

If you are clear and will not attend the meeting, press or say 91.

If you have a possible conflict, require a meeting, and will make direct contact with the excavator, press or say 92.

If you did not attend the meeting due to an unforeseen circumstance, and will make direct contact with the excavator, press or say 95.

If you agree that no meeting is required, press or say 96.

If you attended the meeting, reached agreement, and plan to follow the locate schedule, press or say 99.”

Action required:                  PRESS or SAY 1, 2, 3, 4, 5, 6, 7, 82, 83, 90, 91, 92, 95, 96, or 99.

KARL will say:                        

If 1:                                         “You selected, clear, no facilities or facilities not involved.”

If 2:                                         “You selected, conflict, lines nearby direct contact to follow by facility owner.”

If 3:                                         “You selected, field marked.”

If 4:                                         “You selected, insufficient information, do not dig.”

If 5:                                         “You selected, not marked due to no access.”

If 6:                                         “You selected, to mark by <date> 2359.”

If 7:                                         “You will now be given the opportunity to record a message to be left with this serial number, to continue press or say 1, to return to the previous menu, press or say 2.”

If 82:                                       “You selected, design conflict.”

If 83:                                       “You selected, a PDF file or marked up plans were sent to the requestor.”

If 90:                                       “You selected, will attend meeting.”

If 91:                                       “You selected, clear - will not attend meeting.”

If 92:                                       “You selected, requests meeting, direct contact to follow by facility owner.”

If 95:                                       “You selected, did not attend meeting, direct contact to follow by facility owner.”

If 96:                                       “You selected, agrees no meeting required.”

If 99:                                       “You selected, attended meeting, reached agreement.”

KARL will say:                        “Your response to serial number ########### has been accepted.  If you would like to enter a response for another ticket, press or say 1.  If you would like to enter ticket response for a different CDC press or say 2.  If you have no more ticket responses, please hang up.”

Excavator/Designer Inquiry

Action required:                  Call KARL at 1-800-222-6470

KARL will say:                        “Thank you for calling the Pennsylvania One Call serial number response system.”  Please indicate the type of caller you are.  Press or say 1 for excavator, press or say 2 for facility owner, press or say 3 for homeowner.  To speak with a customer service representative, press or say 0.”

Action required:                  PRESS or SAY 1.

KARL will say:                        “Please enter or say the One Call serial number.”

Action required:                  Enter or say your 11 digit serial number.

KARL will say:                        “Please enter or say your company’s 10-digit phone number.”

Action required:                  Enter or say the phone number used when the dig notice was created.

 

KARL will compare the phone number entered against the phone number associated with the serial number.  If they match, KARL will speak the phone number and company name.

KARL will say:                        “If this is correct, press or say 1, If this is not correct, press or say 2.  To speak to a customer service representative press or say 0.”

Action required:                  PRESS or SAY 1.

KARL will say:                        Please enter or say your initials.  Press or say 7 for help on how to enter your initials numerically.

Action required:                  Enter or say at least two initials (4 numbers).   KARL will accept three initials (6 numbers).

KARL will say:                        “The initials you have entered are <initials>.  If this is correct, press 1.  If this is not correct, press or say 2.  To speak to a customer service representative press or say 0.”

Action required:                  PRESS or say 1

KARL will say:                        “The work location for serial number ########### is for < work site address>.   If this is correct, press or say 1.   If this is not correct, press or say 2.   To speak to a customer service representative press or say 0.”

Action required:                  PRESS or say 1.

 

KARL will retrieve the status of each utility that has responded to the current ticket and speak the response to the excavator/designer.  If an excavator/designer presses 2, they will be given another opportunity to enter a different serial number.

 

KARL will say:                        “To hear this serial number’s information again, press or say 1.  To enter a new One Call serial number, press 2.  To speak with a customer service representative, press 0.  To end this call, please hang up.”

Action Required:                 Hang Up.


Facility Owner Notification

As directed by the facility owner, on serial numbers requiring supplemental outcall notification, such as emergency notifications out of normal business hours, KARL will attempt to deliver information for all serial numbers that apply to the contacted facility owner within the same call.  The outcall will be considered a success and removed from the outcall queue after the field “location information” has been spoken to the facility owner member.  Outcalls will be limited to one attempt per member CDC.   After each outcall attempt the resulting successful or failed status of the outcall will be entered into the database.

To ensure successful facility owner out-dials please follow these instructions when KARL calls you:

Action required:                  Answer the telephone

KARL will say:                        “Hello, this is the Pennsylvania One Call.  We have an emergency location request for you.  Press or say one to continue.

Action required:                  PRESS or say 1

KARL will say:                        “Please enter or say your company’s ten-digit phone number.”

Action required:                  Enter the telephone number designated for emergency notifications, which is the telephone number KARL dialed.

KARL will say:                        “Please enter or say your initials.  Press or say 7 for help on how to enter your initials numerically.

Action required:                  Enter or say at least two initials (4 numbers).   KARL will accept three initials (6 numbers).

KARL will say:                        “The initials you have entered are <initials>.  If this is correct, press or say 1.  Press or say 7 for help on how to enter your initials numerically.”

Action required:                  PRESS or SAY 1.

KARL will speak the serial number, the proposed dig date and time; the work-site county, municipality, address, nearest intersection and location information of the WLR.


KARL will say: “To repeat this information, press or say 1.  To respond to this serial number now, press or say 2.  To continue, press or say 3.  To speak with a service representative, press or say 0.  To end this call, please hang up.”

Action required:                PRESS or SAY 1, 2, or 3.

If 1:                                       KARL will repeat the information.

If 2:                                       KARL will accept your response to the serial number (see Response Section).

If 3:                                       KARL will continue and speak the excavator name. 

KARL will say:                     “The excavator is <excavator name>.  For detailed information on this excavator, press or say 1.  To continue, press or say 2.”

Action required:                PRESS or SAY 1 or 2.

If 1:                                       KARL will speak the excavator address, caller name, caller phone number, person to contact and contact phone number.

If 2:                                       KARL will speak the type of work, the extent of excavation, if the excavation is on the street, sidewalk, public property, private property, who the work is being done for, and remarks.
 


Appendix C

Underground Utility Line Protection Law   

AKA PA One Call Law

  

SB242                                                      ACT 50                     Signed:  10/30/2017

 

PN1227                                                   2017                        Effective:  4/28/2018

 

      73 P. S. § 176 et. seq.

 

Reprinted by Pennsylvania One Call System, Inc.  The purpose of this reprinting is to provide those affected with a complete copy of the ACT.  

www.pa1call.org/usersguide

http://commongroundalliance.com/programs/best-practices 

 

Note: Changes are shown in bold italics.

Notes in red are POCS clarifications.

 

AN ACT

Amending the act of December 10, 1974 (P.L.852, No.287), entitled, "An act to protect the public health and safety by preventing excavation or demolition work from damaging underground lines used in providing electricity, communication, gas, propane, oil delivery, oil product delivery, sewage, water or other service; imposing duties upon the providers of such service, recorders of deeds, and persons and other entities preparing drawings or performing excavation or demolition work; and prescribing penalties," further providing for title and for definitions; providing for lawful start date; further providing for duties of facility owners, for duties of the One Call System, for duties of other parties, for duties of excavators, for duties of designers, for duties of project owners, for audits and for penalties; providing for enforcement, for damage prevention committee and for compliance; and further providing for One Call System authority and for expiration.


 The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

 

SECTION 1.              The title and section 1 of the act of December 10, 1974 (P.L.852, No.287), referred to as the Underground Utility Line Protection Law, are amended to read:


AN ACT

To protect the public health and safety by preventing excavation or demolition work from damaging underground lines used in providing electricity, communication, gas, propane, oil delivery, oil product delivery, sewage, water or other service; imposing duties upon the providers of such service and persons and other entities preparing drawings or performing excavation or demolition work; and prescribing penalties.

 

TERMS TO BE USED IN THIS ACT - DEFINITIONS

Section 1.  The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Abandoned" means no longer in service and physically disconnected from a line.

"Alleged violation" means an instance when a person by action or inaction fails to fulfill the obligations of this act.

"Business day" means any day except a Saturday, Sunday or legal holiday prescribed by statute.  A business day begins at 12:00:00 a.m. and ends at 11:59:59 p.m.

"Chairman" means the Chairman of the Pennsylvania Public Utility Commission.

"Commission" means the Pennsylvania Public Utility Commission.

"Committee" means the damage prevention committee established under section 7.8.

"Common Ground Alliance best practices" means the damage prevention industry recommended standards issued by the Common Ground Alliance, a not-for-profit corporation created pursuant to the issuance of the United States Department of Transportation's Common Ground Task Force report in 1999.

"Complex project" means an excavation that involves more work than properly can be described in a single locate request or any project designated as such by the excavator or facility owner as a consequence of its complexity or its potential to cause significant disruption to lines or facilities and the public, including excavations that require scheduling locates over an extended time frame.

"Consumer Price Index" means the index of consumer prices developed and updated by the Bureau of Labor Statistics of the United States Department of Labor.

"Conventional oil and gas well" means a conventional oil and gas well as defined in section 2 of the act of June 23, 2016 (P.L.375, No.52), known as the Pennsylvania Grade Crude Development Act.

"Demolition work" means the partial or complete destruction of a structure, by any means, served by or adjacent to a line or lines.

"Designer" means any architect, engineer or other person who or which prepares a drawing for a construction or other project which requires excavation or demolition work as herein defined.

"Emergency" means a sudden or unforeseen occurrence involving a clear and immediate danger to life, property and the environment, including, but not limited to, serious breaks or defects in a facility owner's lines.

"Excavation work" means the use of powered equipment or explosives in the movement of earth, rock or other material, and includes, but is not limited to, anchoring, augering, backfilling, blasting, boring, digging, ditching, drilling, driving-in, grading, plowing-in, pulling-in, ripping, scraping, trenching and tunneling.  The term does not include soft excavation technology such as vacuum, high pressure air or water, tilling of soil for agricultural purposes to a depth of less than eighteen inches, performing minor routine maintenance up to a depth of less than eighteen inches measured from the top of the edge of the cartway or the top of the outer edge of an improved shoulder, in addition to the performance of incidental de minimis excavation associated with the routine maintenance and the removal of sediment buildup, within the right-of-way of public roads or work up to a depth of twenty-four inches beneath the existing surface within the right-of-way of a State highway, work performed by persons whose activities must comply with the requirements of and regulations promulgated under the act of May 31, 1945 (P.L.1198, No.418), known as the Surface Mining Conservation and Reclamation Act, the act of April 27, 1966 (1st Sp.Sess., P.L.31, No.1), known as The Bituminous Mine Subsidence and Land Conservation Act, or the act of September 24, 1968 (P.L.1040, No.318), known as the Coal Refuse Disposal Control Act, that relate to the protection of utility facilities or the  direct operations on a well pad following construction of the well pad and that are necessary or operations incidental to the extraction of oil or natural gas.

"Excavator" means any person who or which performs excavation or demolition work for himself or for another person.

"Facility owner" means the public utility or agency, political subdivision, municipality, authority, rural electric cooperative or other person or entity who or which owns or operates a line.  The term does not include the Department of Transportation within a State highway right-of-way.  The term does not include any of the following:

(1).A person serving the person's own property through the person's own line, if the person does not provide service to any other customer.

(2) A person using a line which the person does not own or operate, if the use of the line does not serve more than a single property.

"Federal pipeline safety laws" means the provisions of 49 U.S.C. Ch. 601 (relating to safety), including the regulations promulgated under 49 U.S.C. Ch. 601.

"Final design" means the engineering and construction drawings that are provided to a bidder or other person who is asked to initiate construction on the bid date or the date the project is set for construction in the absence of a bid.

"Fiscal year" means the fiscal year utilized by the commission.

"Horizontal directional drilling" means the use of horizontal boring devices that can be guided between a launch point and a reception point beneath the earth's surface.

"Injury" means a bodily harm to a person, who, as a result of the bodily harm, immediately receives medical attention away from the scene of the incident. 

"Lawful start date" means the scheduled start date as provided under section 1.1.

"Line" or "facility" means an underground conductor or underground pipe or structure used in providing electric or communication service, or an underground pipe used in carrying, gathering, transporting or providing natural or artificial gas, petroleum, propane, oil or petroleum and production product, sewage, water or other service to one or more transportation carriers, consumers or customers of such service and the appurtenances thereto, regardless of whether such line or structure is located on land owned by a person or public agency or whether it is located within an easement or right-of-way. The term shall include unexposed storm drainage and traffic loops that are not clearly visible.  The term shall include unconventional oil and gas well production and gathering lines or facilities.  The term shall not include stripper well lines unless the line or facility is a regulated onshore gathering line as defined in regulations promulgated after January 1, 2006, by the United States Department of Transportation pursuant to the Pipeline Safety Act of 1992 (Public Law 102-508, 49 U.S.C. § 60101 et seq.), if the regulated gathering line is subject to the damage prevention program requirements of 49 CFR § 192.614. 

"Locate request" means a communication between an excavator or designer and the One Call System in which a request for locating facilities is processed.  Locate requests submitted by an excavator performing work within the right-of-way of any State highway, either under contract to the Department of Transportation or under authority of a permit issued by the Department of Transportation, shall include the number of the Department of Transportation contract or permit.

"Minor routine maintenance" means shaping of or adding dust palliative to unpaved roads, removal and application of patches to the surface or base of flexible base, rigid base or rigid surface roads by either manual or mechanized method to the extent of the existing exposed base material, crack and joint sealing, adding dust palliative to road shoulders, patching and cutting of shoulders and shoulder bases by either manual or mechanized methods to the extent of the existing exposed base, and cleaning of inlets and drainage pipes and ditches.

"One Call System" means the communication system established within this Commonwealth to provide a single nationwide toll-free telephone number or 811 number for excavators or designers or any other person covered by this act to call facility owners and notify them of their intent to perform excavation, demolition or similar work as defined by this act.  The One Call System shall be incorporated and operated as a nonprofit corporation pursuant to 15 Pa.C.S. Pt. II Subpt. C (relating to nonprofit corporations).

"Operator" means any individual in physical control of powered equipment or explosives when being used to perform excavation or demolition work.

"Person" means an individual, partnership, corporation, political subdivision, a municipal authority, the Commonwealth and its agencies and instrumentalities, or any other entity.

"Powered equipment" means any equipment energized by an engine or motor and used in excavation or demolition work.

"Preconstruction meeting" means a scheduled event held by the excavator, designer, project owner and facility owner, or an agent of the excavator, designer, project owner and facility owner, prior to the commencement of excavation or demolition work in a complex project.

"Project owner" means any person who or which engages an excavator for construction or any other project which requires excavation or demolition work.

"Report of alleged violation" means a recorded account of an alleged violation.

"Stripper well" means a conventional oil and gas well with a maximum daily average production which does not exceed fifteen barrels of oil and ninety thousand cubic feet of natural gas during any twelve-month consecutive time period.

"Stripper well lines" means a production or gathering line or facility that has a nominal inside diameter of eight inches or less, only carries oil or natural gas produced exclusively from one or more stripper wells and is not regulated under the Federal pipeline safety laws and subject to the pipeline damage prevention requirements in 49 C.F.R. § 192.614 (relating to damage prevention program) or 49 C.F.R. § 195.442 (relating to damage prevention program).

"Subsurface utility engineering" or "SUE" means those techniques set forth in the American Society of Civil Engineers (ASCE) most recently published standard CI/ASCE 38-02, or its successor document as determined by the One Call System.

"Tolerance zone" means the horizontal space within eighteen inches of the outside wall or edge of a line or facility. 

"Traffic loop" means a device that detects metal objects such as cars and bicycles based on the change in inductance that they induce in the device.

"Unconventional formation" means a geological shale formation existing below the base of the Elk Sandstone or its geologic equivalent stratigraphic interval where oil or natural gas generally cannot be produced at economic flow rates or in economic volumes except by vertical or horizontal well bores stimulated by hydraulic fracture treatments or by using multilateral well bores or other techniques to expose more of the formation to the well bore.

"Unconventional oil and gas well" means a bore hole drilled or being drilled for the purpose of or to be used for the production of oil or natural gas from an unconventional formation.

"Well pad" means area, under the control of an oil or natural gas company, occupied by equipment or facilities necessary or required for the drilling, production or plugging of an oil or natural gas well.

"Work site" means the specific place denoted on the locate request where excavation or demolition work is being or is planned to be performed.  A work site should be denoted as a clearly defined, bounded area, including relevant identifiable points of reference such as the specific address with a specific description as to the portion of the property, including descriptions such as front, back, left side, right side and direction such as N, S, E, W or variants.   Where possible, the points should also reference, without limitation, the size and radius or circumference of the excavation, utility pad or pedestal numbers, utility pole numbers, landmarks, including trees, fountains, fences, railroads, highway and pipeline markers, and latitude and longitude.

SECTION 2.  The act is amended by adding a section to read:

SECTION 1.1.  The lawful start date shall be three business days through ten business days following notification to the One Call System.

SECTION 3.  Sections 2, 3, 3.1, 4, 5, 6.1 and 7 of the act are amended to read:

 

 

RESPONSIBILITIES OF THE FACILITY OWNER

Caution Some “Class 1” (RURAL) Stripper Well Gas & Oil Lines 8” or less are still exempt from Mandatory Participation along with PENNDOT in their Right of Way.

SECTION 2.  It shall be the duty of each facility owner:

(1)  To be a member of and give written notice to the One Call System.  Such notice shall be in a form acceptable to the One Call System and include:

(i) the legal name of the facility owner and their official mailing address;

(ii) as follows:

(A) The names of the counties and municipalities, down to and including wards in Philadelphia, Pittsburgh, Allentown and Erie, in which its lines are located and other related information as may be required by the One Call System regarding the location of a member's facilities.

(B) The One Call System may not require its members to locate lines or facilities installed before the effective date of this clause unless the member has existing maps of the lines or facilities and the member's existing maps meet the specifications of the One Call System's Member Mapping Solutions.  Nothing under this clause shall prohibit the One Call System members from voluntarily submitting to the One Call System maps of lines or facilities installed before the effective date of this clause.

(iii) the facility owner's address (by street, number and political subdivision)and the telephone number and fax number, if available, to which inquiries may be directed as to the location of such lines;

(iv) the street identifications or like information within each of the municipalities in which its lines are located.   This information shall be in a form acceptable to the One Call System.  Upon acceptance of the information from a facility owner, the One Call System shall provide the facility owner with notification within the boundaries described.   All facility owners shall agree to indemnify and hold harmless the One Call System for any errors and omissions on the part of the facility owner or the excavator or designer providing the information as the agent of the facility owner; and

(v) any other information required by the One Call System.

(2) To provide the One Call System, within five business days, with any revised information required under this section.

(4) Not more than ten business days after receipt of a request from a designer who identifies the work site of excavation or demolition work for which he is preparing a drawing, to initially respond to his request for information as to the position and type of the facility owner's lines at such work site based on the information currently in the facility owner's possession or to mark the plans which have been provided to it by the designer by field location or by another method agreed to by the designer, excavator and facility owner, or their agent. The facility owner shall so advise the person making the request of the facility owner's status at the work site through the One Call System.

(5) After receipt of a timely request from an excavator or operator who identifies the work site of excavation or demolition work he intends to perform and not later than the business day prior to the lawful start date of excavation:

(i) To mark, stake, locate or otherwise provide the position of the facility owner's underground lines at the work site within eighteen inches horizontally from the outside wall of such line in a manner so as to enable the excavator, where appropriate, to employ prudent techniques, which may include hand-dug test holes, to determine the precise position of the underground facility owner's lines.  This shall be done to the extent such information is available in the facility owner's records or by use of standard locating techniques other than excavation.  Standard locating techniques shall include, at the utility owner's discretion, the option to choose available technologies suitable to each type of line or facility being located at the work site, topography or soil conditions or to assist the facility owner in locating its lines or facilities, based on accepted engineering and operational practices.  Facility owners shall make reasonable efforts during the excavation phase to locate or notify excavators of the existence and type of abandoned lines.

(i.1) To identify the location of an actually known facility's point of connection to its facilities, where the point of connection is not owned or operated by the facility owner.  A facility owner may identify the location of a known facility connected to its facilities, but not owned or operated by the facility owner, as a helpful guide to the excavator or owner.  The identification shall not be deemed to impose any liability upon the facility owner for the accuracy of the other facility's identification.

(ii) To timely elect to excavate around its facilities in fulfillment of this subparagraph, at its option.

(iii.1) To propose mutually agreeable scheduling by which the excavator, facility owner or designer may locate the facilities.

(v) To respond to all notices through the One Call System, provided the request is made in the time frame set forth under this act.  The response shall be made not later than the end of the second business day following receipt of the notification by the One Call System, excluding the business day upon which the notification is received, or not later than the day prior to the lawful start date of excavation if the excavator specifies a later date or, in the case of an emergency, to respond through the One Call System as soon as practicable following receipt of notification of the emergency by the One Call System.

(v.1) To, if a facility owner failed to respond to an original, proper, nonemergency locate request from the One Call System or to a renotification under section 5(20), communicate directly to the excavator within two hours after renotification of the information about its facility location and, if necessary and possible, go to the proposed work site to mark, stake or locate its underground lines or to verify to the excavator that the facility owner's underground lines are not within the area of the proposed work site.

(vi) In marking the approximate position of underground lines or facilities, to follow the Common Ground Alliance Best Practices for Temporary Marking set forth in ANSI standard Z535.1.  Should the Common Ground Alliance Best Practices be amended, the amended guidelines shall be applied and followed.  If the Common Ground Alliance Best Practices no longer publishes guidelines for temporary markings or if the responsibility for publishing the guidelines is transferred to or assumed by another entity, the facility owner shall follow the guidelines approved by the One Call System's board of directors.

(vii) To respond to emergency notifications as soon as practicable following receipt of notification of such emergency.  The response by the facility owner shall be consistent with the nature of the emergency information received by the facility owner.

(viii) To participate in preconstruction meetings for a complex project or as described in section 5(3).

(ix) If notification is received pursuant to section 5(8), to give priority to responding to notification as an emergency.

(9) If a facility owner fails to become a member of the One Call System in violation of this act and a line or lines of such nonmember facility owner are damaged by an excavator by reason of the excavator's failure to notify the facility owner because the facility owner was not a member of the One Call System serving the location where the damage occurred, such facility owner shall have no right of recovery from the excavator of any costs associated with the damage to its lines.  The right herein granted shall not be in limitation of any other rights of the excavator.

(10) To submit a report of alleged violation to the commission through the One Call System not more than thirty business days after receipt of notice that the facility owner's lines have been damaged by excavation or demolition work or if the facility owner believes a violation of this act has been committed in association with excavation or demolition work.   The report of alleged violation shall be in a form and manner as required by the commission.  No report may be required where the cost to repair the damage to the facility owner's lines is less than two thousand five hundred dollars ($2,500), unless the same person damaged the facility owner's lines two or more times within a six-month period.

(11) To comply with all requests for information by the commission relating to the commission's enforcement authority under this act within thirty days of the receipt of the request.

(12) To participate in the One Call System's Member Mapping Solutions as determined by the One Call System's board of directors.

(13) To maintain existing records of main lines abandoned on or after the effective date of this paragraph and to mark, locate or identify the main lines if possible, based upon the existing records.  The records shall include written or electronic documents or drawings in the possession of the facility owner that show the location of an existing line or facility.

RESPONSIBILITIES OF THE ONE CALL SYSTEM

SECTION 3.  It shall be the duty of the One Call System:

(1.1) to assign one or more serial numbers and the date that the work site may legally be excavated and to log the entire voice transaction on logging recorders in appropriate digital form and maintain these logs for five years.  All records shall be indexed and available to the parties involved at a reasonable cost and at reasonable times set by the One Call System.

(1.2) to perform the obligations, as set forth under this section, on behalf of the facility owner, excavator or designer as established by the board of directors of the One Call System. 

(1.3) to provide access to municipal lists provided to the One Call System for those interested parties.  This list shall contain facility owners having lines in the municipality, including wards as indicated in section 2(1)(ii), and to maintain, for each municipality, a list containing the information as required to be submitted by the facility owner.  Such list shall be updated as revised information is received from the facility owner within five business days.

(3) To, per memoranda of understanding between the commission and the One Call System, provide reports of alleged violations and other information, such as photographs, photocopies and drawings, that are submitted with the report of alleged violation.  The One Call System shall provide access to or photocopies of One Call System response records, tickets or other similar information related to matters covered by this act under investigation by the commission, pursuant to its enforcement authority under this act.  The One Call System may provide reports of alleged violations to the Pennsylvania Emergency Management Agency, per memoranda of understanding.

(4) To determine the maximum geographic area that shall constitute a valid single notification and to determine when multiple notifications shall be required of any person, including the method, the type and the number of notifications in a complex project.

Which has been set by the Board 1/2007 as: “1000’ or Intersection to Intersection, whichever is greater, along the same street, within the same political subdivision” by the Board. 

(5) If approved by the board of directors of the One Call System, to offer a service for the application and obtaining of State or municipal permits for excavation work.  Issuance of the required permits shall be the responsibility of the appropriate State or municipal agency which has jurisdiction over the type of excavation work being performed.

(6) Pursuant to policies adopted by the One Call System's board of directors, to provide a secure repository for and access to subsurface utility engineering data received from project owners to affected facility owner members.

(7) To inquire, when an excavator has notified the One Call System of the existence of a release of natural gas or other hazardous substance or of potential danger to life, health or property, whether the excavator has notified the 911 system.  If the 911 system has not been notified, the One Call System shall notify the excavator of the excavator's responsibility to notify the 911 system and shall make a record of the conversation.

(8) To notify the facility owner as soon as possible that an excavator has identified an unmarked or incorrectly marked facility and of the facility owner's responsibilities under section 2(5)(v.1).

SECTION 3.1.  (a)   The duties of the One Call System are those duties as set forth in section 3.  Duties assigned to other parties in other sections of this act shall be the duties of those parties and shall not be imputed to the One Call System, including the duty to provide accurate information to the One Call System concerning proposed excavation and the duty to locate facilities at a work site.

(b) The One Call System shall not be liable for damages to the person or the person's property arising out of its non-negligent actions in furtherance of the duties imposed under this act and shall be liable only if the failure to comply was the proximate cause of any damages claimed.

(c) (Reserved).

(d) The One Call System shall be governed by a board of directors to be chosen by the facility owners.  No less than twenty percent of the seats on the board shall be held by municipalities or municipal authorities.  The board shall include all of the following:

(1) The chairman or his designee.

(2) The Director of the Pennsylvania Emergency Management Agency or his designee.

(4) The Secretary of Transportation or his designee.

(5) An excavator or excavation industry representative.

(6) A designer or designer industry representative.

(7) An owner or operator or a representative of an owner or operator of pipelines associated with conventional oil and gas wells.   The owner or operator may be a facility owner or a pipeline owner or operator who voluntarily submits maps of its lines or facilities to the One Call System.

(8) A facility owner or facility owner representative of pipelines associated with unconventional oil and gas wells.

(e) Operation costs for the One Call System shall be shared, in an equitable manner for services received, by facility owner members as determined by the One Call System's board of directors.  Political subdivisions with a population of less than two thousand people or municipal authorities having an aggregate population in the area served by the municipal authority of less than five thousand people shall be exempt from the payment of any service fee.  The One Call System may be reimbursed for its costs in providing this service from the contractor fees.

(f) All fees shall be set by the board of directors and shall be based on the latest annual audited cost factors of the One Call System.  Fees shall be set and adjusted to a rate not more than five percent above the audited cost factor plus the current average published Consumer Price Index for Pennsylvania.  Costs of capital improvements may be added, if the improvement receives a majority vote of the board of directors.

(f.1) An excavator, designer or operator who proposes to commence excavation or demolition work and requests information from the One Call System shall pay to the One Call System an annual fee for the service provided by the One Call System under section 3.  The fee shall be set by the One Call System board of directors and shall be used to offset a portion of the operation costs of the One Call System and a portion of the operation costs levied on the One Call System's political subdivision and municipal authority members.  Failure to pay the fee shall constitute a violation of this act and shall subject the excavator, designer or operator to the enforcement authority of the commission for the nonpayment.

(h) Any request for information shall be reviewed and provided as determined in accordance with the procedure established by the One Call System's board of directors.

RESPONSIBILITIES OF A DESIGNER

SECTION 4.  It shall be the duty of each designer preparing a drawing which requires excavation or demolition work within this Commonwealth:

(2) To request the line and facility information prescribed by section 2(4) from the One Call System not less than ten nor more than ninety business days before final design is to be completed.  This clause is not intended to prohibit designers from obtaining such information more than ninety days before final design is to be completed; however, they shall state in their requirements that such work is preliminary.  The Designer is required to send plans to the involved Facility Owners to mark up.  PA One Call can assist through the Coordinate PA application.

(2.1) To forward a copy of the project plans to each facility owner who requests a copy.  If a designer is unable to provide a copy because of security of the project or proprietary concerns regarding the design or the project, the designer shall negotiate in a timely manner with the facility owner the means of obtaining the necessary data.

(3) To show upon the drawing the position and type of each facility owner's line, derived pursuant to the request made as required by clause (2), and the name of the facility owner as shown on the list referred to in section 3.

(4) To make a reasonable effort to prepare the construction drawings to avoid damage to and minimize interference with a facility owner's facilities in the construction area by maintaining the clearance as provided for in the applicable easement condition or an eighteen-inch clearance of the facility owner's facilities if no easement restriction exists.

(5) A designer shall be deemed to have met the obligations of clause (2) if he calls the One Call System and shows, as proof, the serial number of one call notice on drawings.  The designer shall also show the toll-free number of the One Call System on the drawing near his serial number.

(6) If, after receiving information from the facility owners, the designer decides to change the work site of a proposed excavation, the obligations imposed by this section shall apply to the new work site.

(7) The designer who has complied with the terms of this act and who was not otherwise negligent shall not be subject to liability or incur any obligation to facility owners, operators, owners or other persons who sustain injury to person or property as a result of the excavation or demolition planning work of the designer.

(8) To submit a report of alleged violation to the commission through the One Call System not more than thirty business days from the time the designer becomes aware that a violation of this act may have been committed in association with excavation or demolition work.  The report of alleged violation shall be in a form and manner as required by the commission.

(9) To request line and facility information required under section 2(4) from the One Call System and to pay the applicable fee for the request.

RESPONSIBILITIES OF THE EXCAVATOR

SECTION 5.  It shall be the duty of each excavator who intends to perform excavation or demolition work within this Commonwealth:

(2.1) To request the location and type of facility owner lines at each work site by notifying the facility owner through the One Call System.  Notification shall be not less than three nor more than ten business days in advance of beginning excavation or demolition work.  No work shall begin earlier than the lawful start date which shall be on or after the third business day after notification.  The lawful start date shall exclude the date upon which notification was received by the One Call System and notification received on a Saturday, Sunday or holiday, which shall be processed on the following business day.   In the case of a complex project, notification shall not be less than ten business days in advance of the beginning of excavation or demolition work.

(2.2) To provide the One Call System with exact information to identify the work site so that facility owners might provide indications of their lines.  An excavator shall be deemed to have met the obligations of clause (2.1) if he calls the One Call System, provides the work site and other required information and receives a serial number.

(3) In a complex project or if an excavator intends to perform work at multiple work sites or over a large area, to take reasonable steps to work with facility owners, including scheduling and conducting a preconstruction meeting, so that they may locate their facilities at a time reasonably in advance of the actual start of excavation or demolition work for each phase of the work.  A preconstruction meeting may take place at any time prior to the commencement of excavation or demolition work, and the excavator, facility owners and designer, or their agents, shall attend the meeting.  Notice of the meeting shall be given sufficiently in advance so as to permit attendance, either in person or electronically, by the excavator, facility owners and designer, or their agents, and shall include information sufficient to identify the scope of work.  If the excavator does not believe that a preconstruction meeting is necessary under the circumstances of this clause it shall indicate such belief in its notice, but any facility owner with facilities at the work site may request a meeting with the excavator, and a meeting shall be held between the facility owner and the excavator.  After commencement of excavation or demolition work, the excavator shall be responsible for protecting and preserving the staking, marking or other designation until no longer required for proper and safe excavation or demolition work at or near the underground facility or by contacting the One Call System to request that the facilities be marked again in the event that the previous markings have been compromised or eliminated.

(3.1) To comply with the requirements established by the One Call System as determined by the board of directors regarding the maximum area that a notification may cover.

(4) To exercise due care and to take all reasonable steps necessary to avoid injury to or otherwise interfere with all lines where positions have been provided to the excavator by the facility owners pursuant to section 2 (5).  Within the tolerance zone the excavator shall employ prudent techniques, which may include hand-dug test holes, vacuum excavation or similar devices to ascertain the precise position of such facilities.  If insufficient information to safely excavate is available pursuant to section 2(5), the excavator shall employ like prudent techniques which shall be paid for by the project owner pursuant to clause (15).

(5) If the facility owner fails to respond to the excavator's timely request as provided under section 2(5) or the facility owner notifies the excavator that the line cannot be marked within the time frame and a mutually agreeable date for marking cannot be arrived at, the excavator may proceed with excavation as scheduled, but not earlier than the lawful dig date, provided he exercises due care in his endeavors, subject to the limitations contained in this clause and clauses (2.1) through (4) and (20).

(6) To inform each operator employed by the excavator at the work site of such work of the information obtained by the excavator pursuant to clauses (2.1) through (5), and the excavator and operator shall: 

(i) Plan the excavation or demolition work to avoid damage to or minimize interference with a facility owner's facilities in the construction area.  Excavation or demolition work which requires temporary or permanent interruption of a facility owner's service shall be coordinated with the affected facility owner in all cases.

(ii) After consulting with a facility owner, provide such support and mechanical protection for known facility owner's lines at the construction work site during the excavation or demolition work, including during backfilling operations, as may be reasonably necessary for the protection of such lines. 

(7) To report immediately to the facility owner any break or leak on its lines, or any dent, gouge, groove or other damage to such lines or to their coating or cathodic protection, made or discovered in the course of the excavation or demolition work.  The One Call System board of directors may adopt procedures to permit reporting under this clause through the One Call System.

(8) To immediately notify 911 and the facility owner if the damage results in the escape of any flammable, toxic or corrosive gas or liquid which endangers life, health or property.  The excavator shall take reasonable measures, based on its knowledge, training, resources, experience and understanding of the situation, to protect themselves and those in immediate danger, the general public, the property and the environment until the facility owner or emergency responders have arrived and completed their assessment and shall remain on the work site to convey any pertinent information to responders that may help them to safely mitigate the situation.

(9) The time requirements of clause (2.1) shall not apply to a facility owner or excavator performing excavation or demolition work in an emergency, as defined in Section 1; nonetheless, all facility owners shall be notified as soon as possible before, during or after excavation or demolition work, depending upon the circumstances.

(11) To use the color white to mark a proposed excavation work site when exact work site information cannot be provided.

(11.1) To assist a facility owner in determining involvement of a facility owner's lines by disclosing additional available information requested by the facility owner, including dimensions and the direction of proposed excavations.

(11.2) If using horizontal directional drilling (HDD), at a minimum, to utilize the best practices published by the HDD Consortium.

(12) The following standards shall be applied in determining whether an excavator shall incur any obligation or be subject to liability as a result of an excavator's demolition work or excavation work damaging a facility owner's facilities:

(i) The excavator who has complied with the terms of this act and who was not otherwise negligent shall not be subject to liability or incur any obligation to facility owners, operators, project owners or other persons who sustain injury to person or property as a result of the excavator's excavation or demolition work damaging a facility owner's lines.

(ii) Where an excavator has failed to comply with the terms of this act or was otherwise negligent, and the facility owner or designer has misidentified, mislocated or failed to identify its facilities pursuant to this act, then in computing the amount of reimbursement to which the facility owner is entitled, the cost of repairing or replacing its facilities shall be diminished in the same proportion that the facility owner's or designer's misidentification, mislocation or failure to identify the facilities contributed to the damage. Should the facility owner or designer not have misidentified, mislocated or failed to identify its facilities pursuant to this act, there shall be no diminution of the facility owner's right of recovery.

(13) If, after receiving information from the One Call System or directly from a facility owner, the excavator decides to change the location, scope or duration of a proposed excavation, the obligations imposed by this section shall apply to the new location.

(14) If an excavator removes its equipment and vacates a work site for more than two business days, to renotify the One Call System unless other arrangements have been made directly with the facility owners involved in his work site.

(15) When the information required from the facility owner under section 2(5)(i) cannot be provided or, due to the nature of the information received from the facility owner, it is reasonably necessary for the excavator to ascertain the precise location of any line or abandoned or unclaimed lines by prudent techniques, which may include hand-dug test holes, vacuum excavation or other similar devices, the excavator shall promptly notify the project owner or the project owner's representative, either orally or in writing.  If oral notification is given, the notice shall be reduced to writing within a reasonable time by the project owner or excavator.  After giving such notice, the excavator shall be entitled to compensation from the project owner for this additional work as provided in the latest edition of the Pennsylvania Department of Transportation Form 408 specifications for extra work performed on a force account basis.  The provisions of this subsection shall not be deemed to limit any other rights which the excavator has under its contract with the project owner or otherwise.  Provisions in any contract, public or private, which attempt to limit the rights of excavators under this section shall not be valid for any reason, and any attempted waiver of this section shall be void and unenforceable as against public policy and any such attempted waiver shall be reported to the commission.

(16) To submit a report of an alleged violation to the commission through the One Call System not more than ten business days after striking or damaging a facility owner's line during excavation or demolition or if the excavator believes a violation of this act has been committed in association with excavation or demolition work.  The report of an alleged violation shall be in a form and manner as required by the commission.

(17) To comply with all requests for information by the commission relating to the commission's enforcement authority under this act within thirty days of the receipt of the request.

(18) To, if it chooses to do so and if working for a facility owner, a municipality or a municipal authority, delegate the power to discharge the duties set forth in clauses (2.1) and (2.2) to its project owner, with the project owner's consent.  If the power is delegated pursuant to this clause, both the excavator and the project owner shall be responsible for providing the required notices.

(19) To ensure the accuracy of any information provided to the One Call System pursuant to this section.

(20) To renotify the One Call System of an unmarked or incorrectly marked facility, if an original, proper, nonemergency locate request has been made to the One Call System and, upon initial arrival at the proposed work site, it is apparent to the excavator that there is an unmarked or incorrectly marked facility.  An excavator may not begin excavating in the affected area of the work site until after receiving sufficient information from the facility owner to safely excavate.   If the facility owner fails to provide sufficient information to the excavator within three hours after the excavator has notified the One Call System of the unmarked or incorrectly marked facility, the excavator may proceed with excavation subject to the limitations under clause (5).

(21) To make a locate request to the One Call System prior to excavation or demolition work and to pay the applicable fee for the request.  See www.paonecall.org for additional detail.

LEGISLATIVE INTENT

SECTION 6.  Except as otherwise provided in this act, this act shall not be deemed to amend or repeal any other law, Commonwealth regulation or any local ordinance enacted pursuant to law concerning the same subject matter, it being the legislative intent that any such other law or local ordinance shall have full force and effect where not inconsistent with this act.

RESPONSIBILITIES OF THE PROJECT OWNER

SECTION 6.1.  It shall be the duty of each project owner who engages in excavation or demolition work to be done within this Commonwealth:

(1) To utilize sufficient quality levels of subsurface utility engineering or other similar techniques whenever practicable to properly determine the existence and positions of underground facilities when designing known complex projects having an estimated cost of four hundred thousand dollars ($400,000) or more.

(2) To timely respond to notifications received from excavators pursuant to section 5(15).

(3) To not release to bid or construction any project until after final design is completed.

(4) To participate in design and preconstruction meetings either directly or through a representative.

(5) To furnish the pertinent data obtained through subsurface utility engineering to the One Call System in a mutually agreeable format.

(6) For new construction and where practicable in the opinion of the project owner, to install color-coded permanent markers to indicate the type and location of all laterals installed by the project owner.

(7) To submit a report of alleged violation to the commission through the One Call System not more than ten business days after striking or damaging a facility owner's line during excavation or demolition work activities, after a project owner's contracted excavator strikes or damages a facility owner's line during excavation or demolition activities or if the project owner believes a violation of this act has been committed in association with excavation or demolition.  The report of alleged violation shall be in a form and manner as required by the commission.

PERFORMANCE CRITERIA

SECTION 7.  (a) The Auditor General may review management and financial audits of the One Call System, which audits shall be performed by a qualified auditing firm within this Commonwealth.  A copy of the audit shall be submitted to the Auditor General upon its completion and to the General Assembly by October 31 of the year following the end of the audit period.  The cost of reasonable expenses incurred by the Auditor General in performing the obligations under this section shall be reimbursed by the One Call System.  The fees shall not be inconsistent with those of commercial auditing firms for similar work.

(b) The Auditor General, for the purposes set forth in subsection (a), and any contractor, excavator, facility owner or member of the One Call System shall have the right during regular business hours to inspect and copy any record, book, account, document or any other information relating to the provision of one call services by the One Call System, at the cost determined by the board of directors.

(c) The One Call System shall submit an annual report to its members, and a copy of the report shall be submitted to the Auditor General.

(d) The One Call System shall cause a financial audit to be performed annually by a qualified auditing firm within this Commonwealth.

SECTION 4.  Section 7.2 of the act is repealed:

SECTION 5.  The act is amended by adding sections to read:

 

ENFORCEMENTNOW under the PA Public Utility Commission.  www.puc.state.pa.us 

SECTION 7.8.  (a)   A damage prevention committee shall be established as follows:

(1) The committee shall consist of the following members, appointed by the commission:

(i) The chairman or his designee from the commission's professional staff.

(ii) The Secretary of Transportation or the secretary's designee.

(iii) The president of the One Call System or his designee from the One Call System professional staff.

(iv) One representative from each of the following nonmunicipally owned or affiliated facility owner industries: electric, natural gas or petroleum pipelines, telephone, water or wastewater and cable television, nominated by facility owners or affiliated organizations.

(v) Three representatives of excavators, nominated by excavators or affiliated organizations.

(vi) One representative of municipal governments, nominated by municipal governments or affiliated organizations.

(vii) One representative of municipal authorities, nominated by municipal authorities or affiliated organizations.

(2) A person appointed to the committee must have expertise within the operation of this act.

(3) A nomination under clause (1)(iv), (v), (vi) and (vii) shall be forwarded to the secretary of the commission.  The executive director of the commission shall provide recommended candidates to the commission for approval.

(4) Except for an unexpired term or for committee members under clause (1)(i) and (iii), the following shall apply:

(i) An appointment to the committee shall begin January 1.

(ii) Except for initial terms under clause (5), a committee member's term shall be for a term of three years.

(5) The initial term of committee members shall be as follows:

(i) Two representatives of facility owners shall serve three years, one representative shall serve two years and two representatives shall serve one year.

(ii) One representative of excavators shall serve three years, one representative shall serve two years and one representative shall serve one year.

(iii) The representative of municipal governments shall serve two years.

(iv) The representative of municipal authorities shall serve three years.

(6) The commission member shall serve as the chairman of the committee and shall be a nonvoting member, except if the chairman's vote is necessary to break a tie.  The chairman's attendance shall not be counted to establish a quorum.

(7) At least seven members of the committee who are present shall constitute a quorum for the transaction of business.  A simple majority vote of the committee members present at a meeting shall be deemed to be the position of the committee.

(b) The committee shall meet regularly to carry out the following purposes:

(1) Review a report of an alleged violation of this act and damage prevention investigator findings and recommendations.

(2) Issue a warning letter to a person as deemed appropriate by the committee or as recommended by the damage prevention investigator.

(3) Issue an informal determination that imposes an administrative penalty.

(4) Require a person to attend a damage prevention educational program.

(5) Issue an informal determination that modifies or dismisses a recommendation of committee staff.

(c) The following shall apply to alleged violations:

(1) A person determined, in a report issued by a damage prevention investigator, to have committed an alleged violation shall do one of the following:

(i) Provide a written acknowledgment of the findings and administrative penalty contained in the report issued by the damage prevention investigator to the committee.

(ii) Appear before the commission to present its position.

(2) A person who is subject to an informal determination of the committee may accept or reject the result.  If an informal determination is rejected, the matter shall be returned to the damage prevention investigator for further action, if appropriate, including referring the matter to the commission prosecutor staff for the purpose of issuing a formal complaint.

(d) Except for alleged violations involving injury or death, the provisions of subsection (c) may be applied in advance or instead of filing a formal complaint against a person determined, in a report issued by a damage prevention investigator, to have committed an alleged violation.  An informal determination of the committee shall be binding on the commission unless the person rejects the informal determination.

(e) The committee shall have the following additional duties:

(1) Upon the request of the commission, the committee shall hold a special meeting to advise the commission on a matter related to damage prevention for underground facilities under this act.

(2) As soon as practicable after establishment, the committee, with input from the One Call System, shall develop and implement bylaws.  The bylaws shall:

(i) Establish a schedule for the frequency of regular meetings.

(ii) Delineate the committee's practice and procedure concerning the performance of duties assigned under this act and commission orders and regulations.

(iii) Be approved by the commission.

(3) Submit an annual report containing relevant damage prevention data to the commission, the Committee on Consumer Protection and Professional Licensure of the Senate and the Committee on Consumer Affairs of the House of Representatives.

(f) Except for willful misconduct, members of the committee shall be immune, individually and jointly, from civil liability for an act or omission done or made in performance of the members' duties while serving as members of the committee.

(g) The commission shall have the following powers to carry out the purposes of this act:

(1) To employ individuals.

(2) To issue orders.

(3) To promulgate regulations.  If the commission promulgates regulations that limit reporting to a specific type of incident, including contact with a line, damage to a line or line coating, personal injury, third-party damage and failure to comply with this act, the commission may consider the resources available for enforcement and other factors. 

(4) For one year following the effective date of this section, to promulgate temporary regulations.  Regulations under this clause shall: 

(i) Expire no later than two years following the effective date of this section.

(ii) Be exempt from all of the following:

(A) Sections 201, 202 and 203 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.

(B) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

SECTION 7.9.  (a) Program costs for commission enforcement of this act shall be included in the commission's proposed budget and shall be subject to the review and approval of the Governor and the General Assembly as described under 66 Pa.C.S.  § 510(a) (relating to assessment for regulatory expenses upon public utilities).  The assessment of the commission's program costs for commission enforcement of this act shall not include Federal and State funds provided for the enforcement of this act and shall be allocated in the following manner:

(1) Eighty percent of the program costs shall be included within the amount assessed to public utilities under 66 Pa.C.S. § 510.

(2) Twenty percent of the program costs shall be assessed as a fee upon the One Call System, with the fee to be paid to the commission.  The One Call System's board of directors shall determine the manner in which the fee may be recovered from facility owners, excavators, designers and other involved persons, provided that the One Call System's board of directors' manner of recovery may not include facility owners that are public utilities.

(b) (Reserved).

SECTION 7.10.  (a)  The commission may issue a warning and order requiring compliance with this act and may levy an administrative penalty for a violation of this act.  A warning, order or penalty shall be served on the person or entity violating this act at the person's last known address.  A party aggrieved by the imposition of an order or administrative penalty imposed by the commission may appeal the order or penalty as provided under 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).

(b) The following shall apply:

(1) A person or entity violating this act may be subject to:

(i) an administrative penalty of not more than two thousand five hundred dollars ($2,500) per violation; or

(ii) if the violation results in injury, death or property damage of twenty-five thousand dollars ($25,000) or more, an administrative penalty of not more than fifty thousand dollars ($50,000).

(2) The commission and committee shall consider the following factors in determining the administrative penalty to be assessed:

(i) The history of the party's compliance with the act prior to the date of the violation.

(ii) The amount of injury or property damage caused by the party's noncompliance.

(iii) The degree of threat to the public safety and inconvenience caused by the party's noncompliance.

(iv) The party's proposed modification to internal practices and procedures to ensure future compliance with statutes and regulations.

(v) The degree of the party's culpability

(vi) Other factors as may be appropriate considering the facts and circumstances of the incident.

(c) An administrative penalty recovered under this section shall be payable to the commission and collected in the manner provided for by law.

(d) This act shall not affect a civil remedy for personal injury or property damage, except as provided for under this act.

(e) The commission may issue a subpoena, on application of an attorney responsible for representing the Commonwealth in actions before the commission, for the purpose of investigating an alleged violation of this act.  The commission shall have the power to subpoena witnesses and compel the production of books, records, papers and documents.

(f) No provision of this act shall be construed or interpreted to do any of the following:

(1) Affect the ability of a district attorney or the Attorney General to investigate or file a claim for the same conduct.

(2) Deprive a governmental agency, including a law enforcement agency, the Auditor General and a district attorney, of any jurisdictional power or duty.

(g) A facility owner may petition a court of competent jurisdiction to enjoin excavation or demolition work conducted in violation of this act.  Local law enforcement or emergency management personnel may, in the interest of public safety, order an excavator on a work site to stop further excavation if the excavation is being conducted in violation of this act.

Note: This may also be enforced under Section 3302 of PA Title 18 Section b - Risking catastrophe. 

 

SECTION 6.  Section 8 of the act is amended to read:

DISPUTE RESOLUTION

SECTION 8.  The One Call System shall have the authority to design, establish and administer a voluntary payment dispute resolution process which may be used by excavators, facility owners, designers, project owners and other involved persons.  The process shall provide for dispute resolution panels selected from among a list of representatives of stakeholder groups, including facility owners, excavators, designers and regulators.  The process established under this section may not be used to settle or resolve alleged violations of this act nor may involve any issues related to the commission's enforcement activities.

COMMON GROUND ALLIANCE BEST PRACTICES

SECTION 9.  Except as otherwise provided for by this act, persons shall use their best efforts to comply with the Common Ground Alliance best practices.

SECTION 10.  No person shall intentionally remove or tamper with a marking provided for under this act.

SECTION 11.  Nothing in this act shall impair the rights or immunities provided to political subdivisions under 42 Pa.C.S. Ch. 85 Subch. C (relating to actions against local parties) or any other State law.

SUNSET PROVISION

SECTION 39.  This act shall expire on December 31, 2024.

SECTION 8.  This act shall take effect as follows:

(1) The following provisions shall take effect immediately:

(i) The addition of section 7.9 of the act.

(ii) The amendment of section 39 of the act.

(iii) This section.

(2) The remainder of this act shall take effect in 180 days.

APPROVED--The 30th day of October, A.D. 2017.

GOVERNOR TOM WOLF


Appendix D

APWA/CGA Best Practices for Temporary Markings

This marking guide provides for universal use and understanding of the temporary marking of subsurface facilities to prevent accidents and damage or service interruption by contractors, excavators, utility companies, municipalities or any others working on or near underground facilities.

Know what’s below. Dial 811 before you dig.

PA Act 287, as amended, Section 5, Clause 11

An excavator shall use the color white to mark a proposed excavation site when exact site information cannot be provided. THIS SHOULD BE DONE PRIOR TO THE NOTIFYING 811 or 1-800-242-1776 (from outside PA). Pennsylvania law requires notice no less than 3 nor more than 10 business days before you dig ANYWHERE IN THE COMMONWEALTH. Any excavation within the tolerance zone shall be performed by using prudent techniques. The excavator observes a tolerance zone which is comprised of the width of the facility plus 18” on either side of the outside edge of the underground facility on horizontal plane (see graphic below). Use pink temporary survey markings for all surveying and grade marks. Continue using Prudent Techniques until you find the Line. Notify Project Owner and charge PennDOT 408 Spec for the extra work necessary beyond the 18” Tolerance Zone.

Temporary Facility Markings by Facility Owners

To mark, stake, locate or otherwise provide the position of the facility owner’s underground lines at the site within 18 inches horizontally from the outside wall of such line in a manner so as to enable the excavator, where appropriate within the tolerance zone, to employ prudent techniques, which may include hand-dug test holes, to determine the precise position of the underground facility owner’s lines. This shall be done to the extent such information is available in the facility owner’s records or by use of standard locating techniques other than excavation. The marking can be done in one of two ways: either placing the marks over the approximate center of the facility, or by placing the marks over the actual outside edges of the facility with a line connecting the two horizontal lines to indicate there is only one facility. PA One Call does not locate or mark lines.

Tolerance Zone

Any excavation within the tolerance zone is performed with non-powered hand tools or non-invasive method until the marked facility is exposed. The width of the tolerance zone is specified in PA Law. The tolerance zone including the width of the facility plus 18" (450 mm) measured horizontally from each side of the facility. 

Best Practices for Locating & Marking Practices/Responsibilities

The APWA/CGA Temporary Marking Color Code and Chapter 4 marking practices are specified in PA Act 287, as amended. The Facility Owner or Representative is responsible to markings of facilities and appurtenances including the appropriate color of their facility type, their company identifier (name, initials or abbreviation), the number and width of their facilities and a description of the facility (HP, FO, STL). Use paint, flags, stakes or whiskers or a combination to identify the Facility Owner’s line/facility(s) at or near the excavation Work site.  It is against the Law to tamper with these markings. CGA BP Appendix B contains the Uniform Color Code and Marking Guidelines and Chapter 4 contains the practices.

Uniform Color Code

The American Public Works Association/CGA’s Uniform Color Code is PA law. The code uses ANSI Standard Z535.1. Safety colors, as shown for temporary marking of excavation sites and underground facility identification (examples are provided on front).            
Release 5/23

 

 


Appendix E

Terminology used when creating a Design Notification

“Drawing” – is a type of technical plan that shows information about existing and proposed underground facilities, grading, landscaping, or other site details.  These are intended to give a clear picture of construction to the excavator.  This term does not include sketches made for the purpose of obtaining excavation related permits.

 “Sketch” – is a physical depiction of the work site generally for permitting purposes and not solely or specifically applicable to design requirements.

 


Contact Us
      contact@pa1call.org


Call Before You Dig
811/800-242-1776
412-464-7100

KARL System 
1-800-222-6470

POCS Administrative Offices
1-800-248-1786  

Bill Kiger, President and CEO412-464-7111
wgkiger@pa1call.org
Ellen Kiger, Vice President and COO412-464-7115
emkiger@pa1call.org
Sherry Harim, Director – Member Services & Accounting412-464-7116
sdharim@pa1call.org
Linda Covelli, Manager – Operations412-464-7110
ljcovelli@pa1call.org
Kelly Pearl, Manager – Member Services & Accounting412-464-7106
kapearl@pa1call.org
S. Robin Johnson, Compliance Coordinator412-464-7127
srjohnson@pa1call.org
Marcos Bernal, Supervisor – Education412-464-7113
mrbernal@pa1call.org
Mark Lipka, Supervisor – Education570-939-7042
mjlipka@pa1call.org
Brandon Dujmic, Senior Damage Prevention Liaison412-427-0112
bddujmic@pa1call.org
Greg Danks, Damage Prevention Liaison (South East)215-834-2069
gwdanks@pa1call.org
Erika Dominick, Damage Prevention Liaison (South Central)814-615-7047
eadominick@pa1call.org
Kevin Goldblum, Damage Prevention Liaison (South Central)717-487-0797
ksgoldblum@pa1call.org
Kirk Kirkpatrick, Damage Prevention Liaison (North West)814-572-8113
kpkirkpatrick@pa1call.org
D. Chance Montgomery, Damage Prevention Liaison (South West)412-464-7109
dcmontgomery@pa1call.org
Dan Nemanic, Damage Prevention Liaison (South West)412-464-7102
djnemanic@pa1call.org
Ryan Parrish, Damage Prevention Liaison (South East)610-906-5137
rtparrish@pa1call.org
Blaire Prough, Damage Prevention Liaison (South Central)717-602-5976
baprough@pa1call.org
Jim Reynolds, Damage Prevention Liaison (South East)215-859-2868
jereynolds@pa1call.org
Aaron Rugh, Damage Prevention Liaison (South East)717-490-0452
anrugh@pa1call.org
Maria White, Damage Prevention Liaison (North East)570-954-3545
mawhite@pa1call.org

 

Work Location Request Form