Chapter 15.80
DAMAGE TO UNDERGROUND UTILITY FACILITIES
Sections:
15.80.020 Utility to provide locates.
15.80.010 Strict liability.
(a) A person who, while excavating, damages an underground utility facility, is liable to the Nome joint utilities or other utility operator for the actual damages, unless the person has requested the Nome joint utilities or other utility operator to locate its facilities in a designated area, and the locate has not been provided as required under Section 15.80.020, or the locate provided is inaccurate and that inaccuracy is the proximate cause of the damage.
(b) Any person who, while excavating without a verified locate request to the Nome joint utilities or the appropriate utility operator, damages an underground utility facility, is liable to the utility in an amount equal to three times the actual costs incurred by the utility including normal overhead plus any surcharge required to be imposed by AS 12.55.039, or the actual damages including normal overhead plus an amount not to exceed one thousand dollars plus any surcharge required to be imposed by AS 12.55.039, whichever is lesser. Damages provided by this section shall be awarded without regard to negligence. (Ord. O-99-11-3 § 32, 1998; Ord. O-93-6-6 § 1 (part), 1994)
15.80.020 Utility to provide locates.
(a) The Nome joint utilities or other utility operator shall, within four regular working hours after receipt of a request for locate service, commence to locate the utilities in the designated area and shall complete the service within a reasonable time.
(b) If the request for locate service pertains to excavation work which will require more than one day to complete, the person requesting the locate shall provide the utility with a schedule of the excavating work for which the locate service is to be provided. (Ord. O-93-6-6 § 1 (part), 1994)
15.80.030 Definitions.
In this chapter:
“Excavate” means the movement or the removal of earth and includes, but is not limited to, blasting, auguring, backfilling, digging, ditching, drilling, staking, grading, plowing in, ripping, scraping, trenching and tunneling.
“Inaccurate” means a locate that is not within twenty-four inches horizontally of the centerline of the facility provided by the utility.
“Locate” means a field marking on the surface by paint, dye, stakes or any other marking clearly visible at the time of placement which designates the horizontal course or location of a utility facility. When pipes, cables or tiles are being located, the locate shall signify the centerline of the pipe or tile, and the utility shall specify the dimensions of the facility.
“Locate request” means a request verified by assignment of a coded number of the appropriate utility.
“Person” means a corporation, company, partnership, firm, association, organization, business, trust, society, municipal corporation or natural person.
“Utility operator” means a person who furnishes service through or a person who operates or owns a conduit, pipe, tile, wire, cable or line for the following purposes:
(1) Petroleum and petroleum products;
(2) Electricity;
(3) Sewer;
(4) Communications;
(5) Water;
(6) Natural gas;
(7) Storm drain. (Ord. O-93-6-6 § 1 (part), 1994)