§ 760 — Definitions

New York § 760

• Jurisdiction: New York
• Law GBS: General Business
• Art. 36: Protection of Underground Facilities

Text

§ 760. Definitions. When used in this article, the following terms\nshall have the following meanings.\n 1. "Person" means any individual, firm, corporation, association or\npartnership, cooperative association, joint venture, joint stock\nassociation, business trust, their lessees, trustees or receivers,\ngovernmental unit or public authority whether or not incorporated.\n 2. "Excavation" means an operation for the purpose of movement or\nremoval of earth, rock or other materials in or on the ground by use of\nmechanized equipment or by blasting, and includes, but is not limited\nto, auguring, backfilling, drilling, grading, plowing in, pulling in,\ntrenching and tunneling; provided, however, that the movement of earth\nby tools manipulated only by human or animal power and the tilling of\nsoil for agricultural purposes shall not be deemed excavation.\n 3. "Demolition" means the wrecking, razing, rending, moving or\nremoving of any structure.\n 4. "Underground facilities" means pipelines, conduits, ducts, cables,\nwires, manholes, vaults or other such facilities or their attachments,\nwhich have been installed underground by an operator to provide services\nor materials. Such term shall not include oil and gas production and\ngathering pipeline systems used primarily to collect oil or gas\nproduction from wells.\n 5. "Excavator" means a person who is engaged in a trade or business\nwhich includes the carrying out of excavation or demolition; provided,\nhowever, that an individual employed by an excavator, and having no\nsupervisory authority, other than the routine direction of employees,\nover an excavation or demolition, shall not be deemed an excavator for\nthe purposes of this article. In construing and enforcing the provisions\nof this article, the act of any employee or agent of any excavator\nacting within the scope of his or her official duties or employment\nshall be deemed to be the act of such excavator.\n 6. "Operator" means a person who operates an underground facility or\nfacilities to furnish any of the following services or materials:\nelectricity, gases, steam, liquid petroleum products, telephone or\ntelegraph communications, cable television, sewage removal, traffic\ncontrol systems, or water.\n 7. "Damage" means an impact upon or removal of support from an\nunderground facility consequent to excavation or demolition which,\naccording to the operating practices of the operator, would necessitate\nrepair of such facility, destruction of any underground facility or its\nprotective coating, housing or other protective device, and impact with\nor severance of an underground facility.\n 8. "One-call notification system" means an organization among whose\npurposes is establishing and carrying out procedures and programs to\nprotect underground facilities from damage due to excavation and\ndemolition including, but not limited to, receiving notices of intent to\nperform excavation and demolition, and transmitting the notices to one\nor more of its member operators of underground facilities in the\nspecified area.\n 9. "Local government" means a county, town, city or village.\n