§ 58-36-90 — Notice of damages.

Text of (A) effective until May 22, 2026. (A) The excavator performing an excavation or demolition that results in any damage to a facility must, immediately upon discovery of such damage, notify the notification center and the facility operator, if known, of the location and nature of the damage. The excavator must allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of such facility. The excavator shall delay any backfilling in the immediate area of the damaged facility until authorized by the operator. The repair of any damage shall be performed by the operator or by qualified personnel authorized by the operator. Text of (A) effective on May 22, 2026. (A) The excavator performing an excavation or demolition that results in any damage to a facility must, immediately report the location and nature of the damage to the notification center and to the facility operator, if known. This report must be made on a form prepared by, and made available by, the notification center. The excavator must allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of such facility. The excavator shall delay any backfilling in the immediate area of the damaged facility until authorized by the operator. The repair of any damage shall be performed by the operator or by qualified personnel authorized by the operator. (B) An excavator responsible for any excavation or demolition that results in damage to a facility where damage results in the escape of any flammable, toxic, or corrosive gas or liquid, or electricity, or endangers life, health, or property, immediately shall notify emergency services, including 911, the notification center and the operator, if known. The excavator must take reasonable measures to protect themselves, those in immediate danger, the general public, property, and the environment until the operator or emergency responders have arrived and completed their assessment.

Legislative History

HISTORY: 2011 Act No. 48, SECTION 1, eff June 7, 2012; 2025 Act No. 65 (H.3571), SECTION 1, eff May 22, 2026. Effect of Amendment 2025 Act No. 65, SECTION 1, in (A), in the first sentence, substituted "report the location and nature of the damage to the notification center and to the facility operator, if known" for "upon discovery of such damage, notify the notification center and the facility operator, if known, of the location and nature of the damage", and inserted the second sentence.