16 NYCRR Part 753
Adopted February 5, 1997
Amended July 10, 2002
Amended January 4, 2012
GBS March 29, 2013 Update
Synopsis
Call the One-Call Center
Call 2 to 10 days in advance of start date, not counting date of call. Make note of ticket reference number and names of operators notice will be transmitted to.
Wait the Required Time
Do not start before your stated commencement date, unless you have been notified by EVERY operator that they have NO FACILITIES in your work area.
Confirm Utility Response
Where available through the one-call notification system, the excavator shall utilize the Automated Positive Response (APR) system in order to obtain the response(s) of the operators that were notified by the one-call notification system. Check that each notified operator has either marked your work site or given an "all clear."
Respect the Marks
Preserve the paint/flags until no longer needed for safe excavation. It is recommended that you remove them to the best of your ability once your excavation work is complete.
Dig with Care
See "Verifying Locations/Tolerance Zone" below. Maintain minimum 4" clearance from utilities after verifying locations. Support long spans of exposed facilities to prevent collapse or sagging. Backfill carefully to prevent damage to facilities and their coatings, and to provide support beneath exposed facilities.
Verify locations/Tolerance Zone (See 753-1.2 (k) & (i), 753-3.6 and 753-3.7)
Before using powered equipment within the tolerance zone, the locations of gas and liquid petroleum lines MUST be verified by means of hand-dug test holes. Locations of other utilities may be verified in this manner, or by other means mutually agreed to with the operator. Powered equipment may be used for removal of pavement, ONLY to the depth of pavement. If the facility cannot be located after diligent search at a reasonable depth, notify the operator.
Pre-marking with White Paint (See 753-3.2(b))
The use of White Paint to delineate a work area is encouraged. It is required when necessary to adequately identify the work site (i.e. the exact location, dimensions, etc. cannot be verbalized). This practice helps locators avoid marking where not necessary while assuring the excavation site does get marked properly. White is the industry standard for this purpose and is used to avoid confusion with other underground facility designations. Chalk based paint is advised since it will dissipate quicker with rain, etc. Take care that the white marks will not be confused with traffic or pedestrian control marks. For a small or single (ex: tree planting) excavation of known dimensions, delineate the exact area with dots, dashes, a continuous line, or white stake(s). For larger excavations, use intervals whereby each mark can be seen from the previous one.
As a courtesy and where practical, alerting the property owner to the reason for the white marks can save calls to the utilities and One-Call Center asking: "who put this paint here and why?"
PART 753 - Protection of Underground Facilities
Table of Contents
753-1 General Requirements
753-1.1 Purpose
753-1.2 Definitions
753-2 Duties of Local Governing Bodies
753-2.1 Provision and Display of Notice
753-3 Duties of Excavators
753-3.1 Timing of notice for excavation or demolition
753-3.2 Detailed notice requirements
753-3.3 Commencement of excavation or demolition
753-3.4 Staking, marking or other designation
753-3.5 Preservation of stakes, markings or other designations
753-3.6 Verification of underground facilities
753-3.7 Unverifiable underground facilities
753-3.8 Powered excavating equipment limitations
753-3.9 Discovery of unknown underground facilities
753-3.10 Requirements concerning contact and damage to underground facilities
753-3.11 Requirements concerning underground facilities in danger of failing
753-3.12 Required support and protection for underground facilities.
753-3.13 Backfilling requirements
753-3.14 Emergency requirements
753-3.15 Responsibility to employees
753-4 Duties of Operators
753-4.1 Participation of operators
753-4.2 Removal of underground facilities
753-4.3 Operator furnished information
753-4.4 Receiving notices
753-4.5 Operator's response to notice
753-4.6 Locating underground facilities
753-4.7 Uniform color code
753-4.8 Uniform identification letters
753-4.9 Operator's response to notices of contact or damage, facilities in danger or failing and discovery of unknown underground facilities
753-4.10 Unverifiable underground facilities
753-4.11 Emergency service requirements
753-4.12 Requirements concerning demolition
753-4.13 Support and backfilling requirements
753-4-14 Information for design purposes
753-4.15 Consumer education programs
753-5 One-Call Notification Systems
753-5.1 Qualifications
753-5.2 Notice procedures
753-5.3 System duties
753-6 Enforcement Procedures
753-6.1 Scope
753-6.2 Field citations
753-6.3 Warning letters
753-6.4 Notice of probable violations
753-6.5 Respondent's options
753-6.6 Commission proceedings
753-6.7 Consent orders
753-6.8 Final order
753-6.9 Payment of penalties
Excerpt from Public Service Law
Excerpt from General Business Law
SUBPART 753-1 GENERAL REQUIREMENTS
753-1.1 Purpose. The purpose of these rules is to establish procedures for the protection of underground facilities in order to assure public safety and to prevent damage to public and private property, as required by General Business Law Article 36 and Public Service Law Section 119-b. This Part may be cited as Industrial Code 53 or Code Rule 53, in addition to its designation as Part 753.
753-1.2 Definitions. When used in this Part, unless the context otherwise requires, the following terms shall have the following meanings.
SUBPART 753-2 DUTIES OF LOCAL GOVERNING BODIES
753-2.1 Provision and Display of Notice. Any local governing body that issues permits for excavation and demolition shall provide a notice to applicants for permits that informs them about their responsibilities under state law to protect underground facilities and the existence, operation, programs and telephone number of the one-call notification system. Every such local governing body shall continuously display such notice in a conspicuous location in the office or agency it designates.
SUBPART 753-3 DUTIES OF EXCAVATORS
753-3.1 Timing of notice for excavation or demolition.
753-3.2 Detailed notice requirements.
753-3.3 Commencement of excavation or demolition.
753-3.4 Staking, marking or other designation.
753-3.5 Preservation of stakes, markings or other designations. Starting on the stated commencement date given in the excavator’s notice to the one-call notification system, the excavator shall be responsible for protecting and preserving the staking, marking or other designation until no longer required for proper and safe excavation or demolition work at or near the underground facility.
753-3.6 Verification of underground facilities. Where an underground facility has been staked, marked or otherwise designated by the operator and the tolerance zone overlaps with any part of the work area, or the projected line of a bore/directional drill intersects the tolerance zone, the excavator shall verify the precise location, type, size, direction of run and depth of such underground facility or its encasement. Verification shall be completed before the excavation or demolition is commenced or shall be performed as the work progresses.
753-3.7 Unverifiable underground facilities. If the precise location of an underground facility cannot be verified by the excavator after diligent search at a reasonable depth within the tolerance zone as staked, marked or otherwise designated by the operator, the excavator shall so notify such operator as soon as possible. The operator shall respond in accordance with subdivision 753-4.10 of this Part.
753-3.8 Powered excavating equipment limitations. After verifying the location of an underground facility, the excavator shall not employ powered or mechanical excavating equipment closer than four inches in any direction from the staked, marked or otherwise designated or known outside diameter or perimeter of such facility or its protective coating unless agreed to in writing by the operator of the affected underground facility. Any such written agreement shall be furnished to the excavator by the operator, upon request.
753-3.9 Discovery of unknown underground facilities. Where an undesignated or otherwise unknown underground facility is discovered within a work area, the excavator shall report such discovery as follows:
753-3.10 Requirements concerning contact and damage to underground facilities.
753-3.11 Requirements concerning underground facilities in danger of failing.
753-3.12 Required support and protection for underground facilities.
753-3.13 Backfilling requirements.
753-3.14 Emergency requirements. In the event of an emergency involving danger to life, health or property as a result of damage to an underground facility containing gas or liquid petroleum products or as a result of an electrical short or escape of gas or hazardous fluids, the excavator shall:
753-3.15 Responsibility to employees. Every excavator subject to the provisions of this Part shall make certain that all of his or her employees directly involved in excavation or demolition are thoroughly familiar with the applicable provisions of this Part and especially the provisions of this Subpart relating to their safety.
SUBPART 753-4 DUTIES OF OPERATORS
753-4.1 Participation of operators.
753-4.2 Removal of underground facilities. Any operator who removes or transfers ownership of all of his or her underground facilities from within the boundaries of any one-call notification system shall promptly notify the system.
753-4.3 Operator furnished information.
753-4.4 Receiving notices. Each operator shall establish a means of receiving notices of planned excavation or demolition from the one-call notification system in accordance with the procedures of the system.
753-4.5 Operator's response to notice.
753-4.6 Locating underground facilities.
b.The following staking and marking requirements shall apply:
753-4.7 Uniform color code. The following uniform color code shall be utilized for staking and marking used to designate the location of underground facilities and excavation sites:
e.Green - Storm and sanitary sewers including force mains and other non-hazardous materials.
f.Purple - Radioactive materials, reclaimed water, irrigation and slurry line.
753-4.8 Uniform identification letters. All staking and marking utilized for the location of underground facilities shall contain letter designations which will clearly identify the type of underground facility so staked or marked. Such letters shall comply with the following code:
a.C - Communication facilities (other than telephone service).
i.PP - Petroleum products (naphtha, gasoline, kerosene and similar products).
753-4.9 Operator's response to notices of contact or damage, facilities in danger of failing and discovery of unknown underground facilities.
753-4.10 Unverifiable underground facilities. If an excavator notifies an operator that, after diligent search at a reasonable depth within the tolerance zone as staked, marked or otherwise designated by the operator, that he or she cannot verify the location of an underground facility, the operator shall verify such location as soon as possible or shall provide the excavator with prompt field assistance or use other means mutually agreed to by the excavator and operator. Such agreement shall be provided to the excavator upon his or her request.
753-4.11 Emergency service requirements.
753-4.12 Requirements concerning demolition. In addition to responding in accordance with subdivision 753-4.6(a), the operator shall attend a pre-demolition conference with the excavator upon the excavators request.
753-4.13 Support and backfilling requirements. Where an underground facility will be disturbed or uncovered by excavation or demolition, the operator of such facility shall indicate to the excavator any preferred means of support or protection required for such facility and any special backfilling requirements or provide any other guidance for protection of an underground facility. Such information shall be furnished to the excavator before the stated date of commencement of the work, if practical.
753-4.14 Information for design purposes. Each operator shall provide a means by which information regarding the location of underground facilities can be obtained for design purposes. Such means may include, but are not limited to, provision of maps, meetings, or marking in accordance with Section 753-4.6 and shall be performed within mutually agreed to time frames.
753-4.15 Consumer Education program: Each operator of an underground gas pipeline or hazardous liquid petroleum facility shall on its own initiative or through a one-call notification system conduct a program to educate the public on the possible hazards associated with damage to facilities and on the importance of reporting gas odors and leaks. The one-call notification system may develop materials suitable for use in such programs.
SUBPART 753-5 ONE-CALL NOTIFICATION SYSTEMS
753-5.2 Notice procedures. Every one-call notification system shall:
2.Name of the person serving such notice or making such request;
3.Name, address and telephone number of the excavator or excavator’s company;
6.Address and exact location as well as the approximate extent and dimensions of the work area;
7.Means of excavation or demolition and plans for use of explosives;
8.Brief description of the planned excavation or demolition;
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e.Give persons providing notice of an intent to engage in an excavation or demolition activity the names of member operators of underground facilities to whom the notice will be transmitted.
753-5.3 System duties. Each one-call notification system shall perform the following duties:
SUBPART 753-6 - ENFORCEMENT PROCEDURES
753-6.1 Scope: This Subpart describes the enforcement authority and sanctions of the Public Service Commission for achieving and maintaining compliance with 16 NYCRR Part 753. It also describes the procedures governing the exercise of that authority and the imposition of those sanctions.
753-6.2 Field citation: Upon determining that a probable violation of a provision of Part 753 has occurred, the Department may issue a field citation to a Respondent, identifying specific provisions alleged to have been violated.
753-6.3 Warning letter: Upon determining that a probable violation(s) of a provision of Part 753 has occurred or is continuing, the Department may issue a warning letter notifying the Respondent of the probable violation and advising him or her to correct it, if it is correctable, and comply henceforth, or be subject to enforcement procedures under this Part.
753-6.4 Notice of Probable Violation
753-6.5 Respondent's options: Within 30 days after issuance of a NOPV the Respondent shall respond in one of the following ways:
a.Sign the Consent Order and return it with payment of any proposed penalty.
b.Submit a written explanation, information or other material in response to the allegations; or
753-6.6 Commission Proceeding:
1.The field citations, inspection reports and any other evidence of alleged violations;
2.A copy of the NOPV issued under Section 753-6.4 of this Subpart.
3.Any material submitted by the Respondent in response to the NOPV or at an informal conference; and
4.A written evaluation and recommendation for a final order.
753-6.8 Final Order: Based upon the review of a case file, consideration of the nature, circumstances and gravity of the violation, history of prior violations, effects on public health, safety or welfare and such other matters as may be required, the Commission will issue a final order that includes:
a.A statement of findings and determinations on all material issues;
b.If a penalty is assessed, the amount of the penalty and the procedures for payment of the penalty;
EXCERPT FROM PUBLIC SERVICE LAW
§119-b. Protection of underground facilities.
EXCERPT FROM GENERAL BUSINESS LAW
ARTICLE 36 - CONSTRUCTION AND EXCAVATION NEAR UNDERGROUND FACILITIES.
§765. Penalties and liabilities.