Chapter 3.80
CONTINUING OBLIGATION TO LOCATE SUBSURFACE FACILITIES
Sections:
3.80.010 Customer’s obligations.
3.80.020 Time to locate and mark subsurface installations.
3.80.030 General obligations for all subsurface installations.
3.80.040 Additional obligations for high priority subsurface installations.
3.80.050 Obligation to re-locate and re-mark.
3.80.060 Liability and waiver of damages.
3.80.010 Customer’s obligations.
Each customer, by applying for water and/or wastewater service from the District, hereby agrees, upon request by the District in the manner described in this chapter, to locate and mark its subsurface facilities, including those subsurface facilities used exclusively to furnish services on the property owned or leased by that customer; provided, that such subsurface facilities are under the operation and control of that customer. [Ord. 327, 2010.]
3.80.020 Time to locate and mark subsurface installations.
Once the District has delineated with white paint or other suitable markings, as described in California Government Code Section 4216.2, the area to be excavated, each customer with subsurface installations shall, within two working days of that delineation, excluding weekends and holidays, or before the start of the excavation work, whichever is later, or at a later time mutually agreeable to the customer and the District, locate and field mark the approximate location and, if known, the number of subsurface installations that may be affected by the excavation to the extent and degree of accuracy that the information is available either in the records of the customer or as determined through the use of standard locating techniques other than excavating, otherwise advise the District of the location of the customer’s subsurface installations that may be affected by the excavation, or advise the District that the customer does not operate any subsurface installations that would be affected by the proposed excavation. [Ord. 327, 2010.]
3.80.030 General obligations for all subsurface installations.
To comply with the foregoing obligations, each customer with subsurface installations shall:
A. Maintain and preserve all plans and records for its subsurface installations.
B. Use the services of a “qualified person” as that term is defined in Subdivision (i) of Section 4216 of the California Government Code to perform subsurface installation locating activities.
C. Use a minimum of a single frequency utility locating device and shall have access to alternative sources for verification, if necessary.
D. Make a reasonable effort to make field markings in conformance with the uniform color code of the American Public Works Association. [Ord. 327, 2010.]
3.80.040 Additional obligations for high priority subsurface installations.
In addition to the foregoing, any customer owning, operating, or otherwise using “a high priority subsurface installation,” as that term is defined in Subdivision (e) of Section 4216 of the California Government Code, shall, when an excavation is proposed within 10 feet of the high priority subsurface installation, notify the District of the existence thereof prior to the legal excavation start date and time, as such date and time are authorized pursuant to Paragraph (1) of Subdivision (a) of Section 4216.2 of the California Government Code. The customer or its representative shall attend and participate in an on-site meeting at a mutually agreed-on time with the District to determine actions or activities required to verify the location of the high priority subsurface installations prior to start time. [Ord. 327, 2010.]
3.80.050 Obligation to re-locate and re-mark.
If, at any time prior to the expiration of the inquiry identification number, a customer’s field markings are no longer reasonably visible, the customer shall re-locate and re-mark, within two working days, those subsurface installations that may be affected by the excavation. If the exact location of the subsurface installation cannot be determined by hand excavating in accordance with Subdivision (a) of Section 4216.2 of the California Government Code, the District may request, and the customer shall provide, additional information to enable the District to determine the exact location of the installation. [Ord. 327, 2010.]
3.80.060 Liability and waiver of damages.
If the customer has failed to comply with the foregoing, that operator shall be liable to the District for damages, costs, and expenses resulting from the customer’s failure to comply with these specified requirements to the extent the damages, costs, and expenses were proximately caused by the customer’s failure to comply, and shall forfeit his or her claim for damages to his or her subsurface installation, arising from an excavation performed by the District, to the extent damages were proximately caused by the customer’s failure to comply. [Ord. 327, 2010.]