Title 39, Title 39 Utilities and Carriers

After a public utility has marked its underground facilities in accordance with the provisions of § 39-1.2-7, the excavator shall be responsible for maintenance of the designated markings. In the event the markings are obliterated, destroyed, or removed, the utility shall, within…

(a) Any person or utility who or that violates any provision of this chapter shall be subject to a civil penalty of no more than three hundred fifty dollars ($350) for the first offense and not less than five hundred dollars ($500) nor more than two thousand five hundred dollars …

In enforcing the provisions of this chapter with respect to persons who or that are not public utilities, the administrator may: (1) Conduct an investigation in connection with violations involving the excavation or demolition of public utility facilities; and (2) For purposes of…

If any provision of this chapter or the applicability thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of the provision to other persons or circumstances shall not be affected thereby.

No person, public agency, or public utility shall engage in excavation in the approximate location of public utility facilities or discharge explosives or demolish a structure containing a public utility facility without having first ascertained in the manner prescribed in this c…

All public utilities of the state, owning and operating underground facilities, shall file annually, with the administrator, a report setting forth the total mileage of underground facilities, excluding service connections, including the title, address, and telephone number of it…

All public utilities of the state, owning and operating underground facilities, shall, with the assistance of the administrator, jointly participate in an association providing for mutual receipt of notification required by §§ 39-1.2-2 and 39-1.2-5. The cost of the operation of t…

(a) Except as provided in § 39-1.2-9, any person, public agency, or public utility responsible for excavating within one hundred feet (100′) or for discharging explosives within one hundred feet (100′) of a public utility facility shall notify the association of the proposed exca…

Any permit issued by a public agency for excavation, demolition, or the discharge of explosives shall be issued in compliance with this chapter.

(a) A public utility served with the notice in accordance with § 39-1.2-5 shall, within seventy-two (72) hours, exclusive of Saturdays, Sundays, and legal holidays, of the receipt of the notice, unless otherwise agreed between the person or public agency performing the work and t…

(a) In the event of any emergency posing a threat to life, public health, public safety, or property, or that may require immediate correction in order to continue the operation of a major industrial plant, or to ensure the continuity of public utility service, excavation, mainte…

This chapter shall not be construed to authorize, affect, or impair local ordinances, charters of other provisions of law requiring permits to be obtained before excavating or tunneling in a public street or highway, or to construct or demolish buildings or other structures on pr…