§ 49-23-03 — Notification center - Participation - Establishment

North Dakota § 49-23-03

• Jurisdiction: North Dakota
• Title 49: Public Utilities
• Ch. 49-23: One-Call Excavation Notice System

Text

1. An operator shall participate in and share in the costs of the statewide notification
center operated by a vendor selected under this section.
2. A person doing business as an excavator or operator under this chapter shall
participate in and share in the costs of a statewide notification center on a per-call
basis. An operator, installing the operator's own facilities, may not be charged as an
excavator.
3. An operator shall participate in and share the costs of the one-call excavation notice
system by:

a. Submitting the information required by the notification center to allow the center
to notify the operator of excavation activity;
b. Updating the information provided to the notification center on a timely basis;
c. Installing and paying for equipment reasonably requested by the notification
center to facilitate receipt of notice of excavation from the center;
d. Paying the costs charged by the notification center on a timely basis; and
e. Receiving and responding to excavation notices, including emergency notices.
4. A nonprofit corporation, North Dakota one-call, incorporated, shall govern the
notification center.
a. The board of directors of North Dakota one-call, incorporated must consist of nine
members representing the participants in the center. The members of the board
of directors must be chosen and serve for terms as provided in the bylaws of the
corporation. One member of the board of directors must be chosen by
representatives of each of the following participant groups:
(1) Telecommunications service providers.
(2) Gas distribution lines operators.
(3) Oil or gas transmission or gathering lines operators.
(4) Electrical transmission and distribution operators.
(5) Rural water systems.
(6) Cities of five thousand or more population.
(7) Cities of fewer than five thousand population.
(8) Cable television service providers.
(9) Excavators.
b. The board shall establish a competitive bidding procedure to select a vendor to
provide the notification service, establish a procedure by which members of the
center share the costs of the center on a fair, reasonable, and nondiscriminatory
basis, and do all other things necessary to implement the purpose of the center.
Any agreement between the center and a vendor for the notification service may
be modified from time to time by the board, and any agreement shall be reviewed
by the board at least once every three years, with an opportunity to receive new
bids, if desired, by the board. An operator may submit a bid and be selected to
contract to provide the notification center service.
c. Members of the board and any of its agents are immune from any liability of any
kind based on any acts or omissions in the course of the performance of
responsibilities in an official capacity except for bodily injury arising out of
accidents caused by or contributed to by the negligence of the board member or
agent.
d. The board shall aid the state's attorneys of the various counties in the
enforcement of this chapter and the prosecution of any violations. The board may
institute a civil action for an injunction to enjoin violations of this chapter without
proof that anyone suffered actual damages.