N.H. Code Admin. R. Puc 804.02 - Notification Requirements

(a) Any operator who owns, operates, or both, an underground facility used in the transportation of gas or hazardous liquids and subject to the federal pipeline statute, 49 U.S.C. 60101 to 60137, shall:
(1) Maintain a current list of the names and contact information of persons who normally engage in excavation activities in the area in which any underground facility is located, which is owned by that operator, and is used in the transportation of gas or hazardous liquids and subject to the federal pipeline statute;
(2) Notify abutters of the existence of an underground facility used in the transportation of gas or hazardous liquids subject to the federal pipeline statute, owned by that operator; and
(3) Notify persons who normally excavate in the area in which an underground facility used in the transportation of gas or hazardous liquids subject to the federal pipeline statute owned by that operator, as often as needed to make them aware of the notification center, including:
a. The notification center's existence and purpose; and
b. How to learn the location of underground facilities before excavation activities begin.
(b) An affected operator shall complete the notification required by Puc 804.02(a)(2) above by:
(1) Distributing fliers;
(2) Informational mailings;
(3) Placing line markers;
(4) Signage; or
(5) Other reasonable public education outreach actions.
(c) An affected operator shall complete the notification required by Puc 804.02(a)(3) above by distributing informational mailings, conducting informational sessions, or other means of effective communication.
(d) An operator who participates in an underground utility damage prevention system shall not be required to locate underground facilities not owned by the operator, including, but not limited to, any such underground facilities running from a house to a garage or other outbuilding.
(e) When no underground facility is within the area of a proposed excavation, an owner or operator receiving notification of the proposed excavation shall so advise the excavator by:
(1) Marking the non-existence of facilities within the premarked area of intended excavation in accordance with Puc 806;
(2) Participating in a meeting where details of the job site are discussed and documented; or
(3) Communicating with the excavator via e-mail, fax, telephone, or other electronic communication, provided that the excavator confirms receipt of such communication.

Notes

N.H. Code Admin. R. Puc 804.02

#2050, eff 6-13-82; ss by #2912, eff 11-26-84, EXPIRED: 11-26-90

New. #5616, eff 4-20-93, EXPIRED: 4-20-99

New. #7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss by #7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #9318, eff 11-8-08

Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12102, Effective 2/8/2017, Expires 2/8/2027.

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