Title 19 — Title 19 BUSINESS REGULATIONS—MISCELLANEOUS
111 chapters · 1,481 sections in this title.
RCW 19.122.010 Intent.
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In this chapter, the underground utility damage prevention act, the legislature intends to protect public health and safety and prevent disruption of vital utility services through a comprehensive damage prevention program that includes:(1) Assigning responsibility for providing …
RCW 19.122.020 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Bar hole" means a hole made in the soil or pavement with a hand-operated bar for the specific purpose of testing the subsurface atmosphere with a combustible gas indic…
RCW 19.122.027 One-number locator services—Single statewide toll-free telephone number—Web-based platform.
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(1) The commission must establish a single statewide toll-free telephone number to be used for referring excavators to the appropriate one-number locator service. The one-number locator service shall maintain a web-based platform that provides the same services as the toll-free t…
RCW 19.122.030 Excavator and facility operator duties before excavation.
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(1)(a) Unless exempted under RCW 19.122.031, before commencing any excavation, an excavator must mark the boundary of the excavation area with white lining or, when necessary, white pin flags, applied on the ground of the worksite, then provide notice of the scheduled commencemen…
RCW 19.122.031 Exempted activities.
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(1) The requirements specified in RCW 19.122.030 do not apply to any of the following activities:(a) An emergency excavation, but only with respect to white lining and notice requirements specified in RCW 19.122.030 (1) and (2), and provided that the excavator provides notice to …
RCW 19.122.033 Notice of excavation to pipeline companies.
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(1) Before commencing any excavation, an excavator must notify pipeline companies of the scheduled commencement of excavation through a one-number locator service in the same manner as required for notifying facility operators of excavation under RCW 19.122.030. Pipeline companie…
RCW 19.122.035 Pipeline company duties after notice of excavation—Examination—Information of damage—Notification of local first responders.
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(1) After a pipeline company has been notified by an excavator pursuant to RCW 19.122.033 that excavation will uncover any portion of the pipeline company's pipeline, the pipeline company shall ensure that the pipeline section in the vicinity of the excavation is examined for dam…
RCW 19.122.040 Underground facilities identified in bid or contract—Excavator's duty of reasonable care—Liability for damages—Attorneys' fees.
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(1) Project owners shall indicate in bid or contract documents the existence of underground facilities known by the project owner to be located within the proposed area of excavation. The following are deemed to be changed or differing site conditions:(a) An underground facility …
RCW 19.122.045 Exemption from liability.
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Excavators who comply with the requirements of this chapter are not liable for any damages arising from contact or damage to an underground fiber optics facility other than the cost to repair the facility.[ 1988 c 99 s 2.]
RCW 19.122.050 Damage to underground facility—Notification by excavator—Repairs or relocation of facility.
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(1) An excavator who, in the course of excavation, contacts or damages an underground facility shall notify the facility operator directly, if the facility operator is known, and a one-number locator service, and report the damage as required under RCW 19.122.053. If the damage c…
RCW 19.122.053 Report of damage to underground facility.
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(1) Facility operators and excavators who observe or cause damage to an underground facility must report the damage event to the commission.(2) A nonpipeline facility operator conducting an excavation, or a subcontractor conducting an excavation on the facility operator's behalf,…
RCW 19.122.055 Damage to hazardous liquid or gas underground facilities—Civil penalty.
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(1)(a) Any excavator who violates any provision of this chapter and causes damage to a hazardous liquid or gas underground facility is subject to a civil penalty of not more than $25,000 for each violation.(b) The civil penalty in this subsection may also be imposed on any excava…
RCW 19.122.070 Civil penalties—Treble damages—Existing remedies not affected.
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(1) Any person who violates any provision of this chapter not amounting to a violation of RCW 19.122.055 is subject to a civil penalty of not more than one thousand dollars for an initial violation, and not more than five thousand dollars for each subsequent violation within a th…
RCW 19.122.075 Damage or removal of permanent marking—Civil penalty.
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Any person who willfully damages or removes a permanent marking used to identify an underground facility or pipeline, or a temporary marking prior to its intended use, is subject to a civil penalty of not more than one thousand dollars for an initial violation, and not more than …
RCW 19.122.080 Waiver of notification and marking requirements.
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The notification and marking provisions of this chapter may be waived for one or more designated persons by a facility operator with respect to all or part of that facility operator's underground facilities.[ 2011 c 263 s 15; 1984 c 144 s 8.]Notes:Report—Effective date—2011 c 263…
RCW 19.122.090 Excavation without an excavation confirmation code—Penalty.
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(1) Any excavator who excavates, without an excavation confirmation code when required under this chapter, within 35 feet of a transmission pipeline is guilty of a misdemeanor.(2) Any excavator who excavates within 35 feet of a transmission pipeline, prior to the work-to-begin da…
RCW 19.122.100 Violation of RCW 19.122.090—Affirmative defense.
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If charged with a violation of RCW 19.122.090, an equipment operator is deemed to have established an affirmative defense to such charges if:(1) The equipment operator was provided an excavation confirmation code;(2) The excavation was performed in an emergency situation;(3) The …
RCW 19.122.110 False excavation confirmation code—Penalty.
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Any person who intentionally provides an equipment operator with a false excavation confirmation code is guilty of a misdemeanor.[ 2011 c 263 s 17; 2005 c 448 s 7.]Notes:Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
RCW 19.122.120 One-number locator service to provide excavation confirmation code.
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Upon receipt, during normal business hours, of notice of an intended excavation, the one-number locator service shall provide an excavation confirmation code.[ 2005 c 448 s 8.]
RCW 19.122.130 Commission to contract with nonprofit entity—Safety committee—Review of violations of chapter.
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(1) The commission must contract with a statewide, nonprofit entity whose purpose is to reduce damages to underground and above ground facilities, promote safe excavation practices, and review complaints of alleged violations of this chapter. The contract must not obligate fundin…
RCW 19.122.140 Commission authority—Receipt of notification of violation of chapter—Referral to attorney general.
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(1) The commission may enforce the civil penalties authorized in RCW 19.122.070 or 19.122.075 when it receives written notification from the safety committee created under RCW 19.122.130 indicating that a violation of this chapter has likely been committed by a person subject to …
RCW 19.122.150 Commission authority—Violations of chapter—Imposition of penalties.
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(1) The commission may investigate and enforce violations of any provision of this chapter relating to pipeline facilities without initial referral to the safety committee created under RCW 19.122.130.(2) If the commission's investigation of notifications received pursuant to RCW…
RCW 19.122.160 Damage prevention account.
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The damage prevention account is created in the custody of the state treasurer. All receipts from moneys directed by law or the commission to be deposited to the account must be deposited in the account. Expenditures from the account may be used only for purposes designated in RC…
RCW 19.122.170 Damage prevention account—Use of funds.
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The commission may use money deposited in the damage prevention account created in RCW 19.122.160 to:(1) Develop and disseminate educational programming designed to improve worker and public safety relating to excavation and underground facilities; and(2) Provide grants to person…
RCW 19.122.180 Damage prevention account—Deposit of penalties.
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All penalties collected pursuant to RCW 19.122.150 must be deposited in the damage prevention account created in RCW 19.122.160.[ 2011 c 263 s 22.]Notes:Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
RCW 19.122.901 Short title—2011 c 263.
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This act may be known and cited as the underground utility damage prevention act.[ 2011 c 263 s 25.]Notes:Report—Effective date—2011 c 263: See notes following RCW 19.122.010.