N.J. Admin. Code § 14:2-4.1 - Applicability

(a) This subchapter applies to operators, as defined at N.J.A.C. 14:2-1.2, except as specified in this section.

(b) An operator of an underground non-metallic water pipe or non-metallic water distribution facility that was installed prior to November 18, 1994, is exempt from the requirement at N.J.A.C. 14:2-4.2 to mark out the facility, but shall, within three business days of the notice to the One-Call center, cooperate with excavators in reasonable efforts, including a site meeting, to determine the location of the facility. Reasonable efforts, include, to any and all extent possible, ascertaining and/or obtaining information regarding the location of the meter and curb shutoff, closest building penetration to the water meter, the location of service connection to the main, the diameter of the facility, the composition of the facility, company service records, and records that the operator may have.

(c) An operator that is a State department or agency is exempt from the requirement at N.J.A.C. 14:2-4.2 to mark out its facilities in accordance with N.J.A.C. 14:2-4.2 if all of the following criteria are met:

1. The excavation or demolition is conducted on property or a right-of-way owned or controlled by the State department or agency;

2. The only underground facilities of the State department or agency at the site are traffic signals and lights, or street and highway lights; and their associated electrical feeds, control lines and traffic sensing loops;

3. The excavation or demolition requires a permit from the State department or agency;

4. The required permit is conditioned upon the excavator notifying the One-Call center in accordance with N.J.A.C. 14:2-4.2(a)2;

5. During the permitting process, the State department or agency provides the excavator with plans showing the position and number of its underground facilities on the site; and

6. The State department or agency agrees to cooperate on a continuing basis with the excavator in reasonable efforts to determine the location of its underground facilities, including notifying the excavator of any changes in the position or number of underground facilities after the initial issuance of plans to the excavator.

(d) If a State department or agency chooses to comply with (c) above rather than to mark out its underground facilities in accordance with N.J.A.C. 14:2-4.2(a)2, an excavator shall not be liable for any damage to the State department or agency's underground facilities, provided that the excavator has:

1. Complied with this chapter;

2. Complied with all applicable requirements of the permit described at (c)3 above; and

3. Used reasonable care while excavating.

(e) An operator that is exempt from markout requirements in accordance with (b) or (c) above shall comply with all other requirements in this chapter.

Notes

N.J. Admin. Code § 14:2-4.1

New Rule, R.2007 d.298, effective 10/15/2007.
See: 39 N.J.R. 1232(a), 39 N.J.R. 4422(b).
Former N.J.A.C. 14:2-4.1, Notice, recodified in part to N.J.A.C. 14:2-3.1 and N.J.A.C. 14:2-3.2. Amended by 54 N.J.R. 1417(a), effective 7/18/2022