§ 763 — Duties of operators

§ 763. Duties of operators. 1. Every operator shall participate in a\none-call notification system.\n 2. Upon receipt of the notification provided for by this article\neither directly from the excavator or from the one-call notification\nsystem and pursuant to the rules and regulations adopted by the public\nservice commission pursuant to section one hundred nineteen-b of the\npublic service law, an operator shall advise the excavator in a timely\nmanner of those of its underground facilities that will be affected by\nthe proposed excavation or demolition.\n 3. The operator shall accurately and with due care designate within a\nreasonable period of time the location of its underground facilities in\nthe manner and during the time period set forth in the rules and\nregulations adopted by the public service commission pursuant to section\none hundred nineteen-b of the public service law.\n 4. Any operator which performs or contracts for the excavation of\nunderground facilities shall require the excavator to have completed the\ntraining and education program provided by the one-call notification\nsystem pursuant to this article or any other provider authorized by the\npublic service commission to administer such training and education\nprogram. Such training and education program shall be made available\nin-person and online. The cost of such training and education program\nshall not exceed twenty-five dollars and shall not be required more than\nonce per five year period. In the case of an operator subject to the\njurisdiction of the public service commission, a training and education\nprogram that is subject to audit by the department of public service\nshall also satisfy the requirement herein.\n