753-1.2 Definitions

When used in this Part, unless the context otherwise requires, the following terms shall have the following meanings.

(a) Automated Positive Response (APR) system: a system established by the one-call notification system to furnish a single point of contact between member operators and excavators for the purpose of communicating the status of an excavation location request as provided by the member operators.

(b) Commission: The Public Service Commission

(c) Contact: Any defacing, scraping, impact upon an underground facility or its protective coating, housing or other protective device.

(d) Damage: Any destruction or severance of any underground facility or its protective coating, housing or other protective device or any displacement of or removal of support from any underground facility which would necessitate repair of such facility.

(e) Department: The Department of Public Service.

(f) Demolition: The total or partial wrecking, razing, rending, moving or removal of any structure.

(g) Enforcement proceeding: A proceeding by the Commission to determine a penalty for violations of this Part, under the authority of §119-(b)(8) of the Public Service Law.

(h) Emergency: Any abnormal condition which presents an immediate danger to life or property including the discontinuance of a vital utility service necessary for the maintenance of public health, safety and welfare.

(i) Excavation: Any operation for the purpose of movement or removal of earth, rock, pavement or other materials in or on the ground by use of mechanized equipment or by blasting, including but not limited to, digging, auguring, backfilling, boring, drilling, grading, plowing in, pulling in, fence post or pile driving, tree root removal, saw cutting, jack hammering, trenching and tunneling; provided, however, that the following shall not be deemed excavation:

(1) movement of earth by tools manipulated only by human or animal power;

(2) the tilling of soil for agricultural purposes;

(3) vacuum excavation; and

(4) saw cutting and jack hammering in connection with pavement restoration of a previous excavation where only the pavement is involved.

(j) Excavator: Any person who is engaged in a trade or business which includes the carrying out of excavation or demolition; provided, however, that an individual employed by an excavator and having no supervisory authority other than the routine direction of employees over an excavation or demolition, shall not be deemed an excavator for the purpose of this Part. The act of any employee or agent of any excavator acting within the scope of his or her official duties or employment shall be deemed to be the act of such excavator.

(k) Field Citation: A written statement issued pursuant to subdivision 753-6.2 of this Part by an employee of the Department informing a Respondent that, in the judgment of the employee, a violation has occurred and setting forth the specific provisions allegedly violated by Respondent.

(l) Hand dug test holes: Excavations performed for designating, testing or verification purposes which are dug by the use of hand-held tools utilizing only human power. The use of vacuum excavation techniques are acceptable means of exposing underground facilities.

(m) Local governing body: A town, village or city outside the city of New York or a county within the city of New York.

(n) Near: An area within 15 feet of the outside perimeter or diameter of an underground facility or its encasement.

(o) Notice of probable violation (NOPV): A written statement or letter from the Department, containing the items specified by subdivision 753-6.4(b) of this Part, to a Respondent informing him or her that an enforcement proceeding is being initiated.

(p) One-call notification system: Any organization among whose purposes is establishing and carrying out procedures to protect underground facilities from damage due to excavation and demolition, including but not limited to, receiving notices of intent to perform excavation and demolition and transmitting the notices to one or more member operators of underground facilities in the specified area.

(q) Operator: Any person who operates an underground facility to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or telegraph communications, cable television, sewage removal, traffic control systems, or water.

(r) Person: Any individual, firm, corporation, association or partnership, cooperative association, joint venture, joint stock association, business trust, their lessees, trustees or receivers, municipality, governmental unit or public authority whether or not incorporated.

(s) Powered equipment: Any equipment energized by an engine or motor and used in excavation or demolition work.

(t) Respondent: A person who the Department has served a field citation, warning letter or Notice of Probable Violation.

(u) Tolerance zone: If the diameter of the underground facility is known, the distance of one-half of the known diameter plus two feet, on either side of the designated center line or, if the diameter of the underground facility is not known, two feet on either side of the designated center line.

(v) Underground facility: A facility and its attachments located underground and installed by an operator to furnish its services or materials, including but not limited to, pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels and any encasement containing such facilities. Such term shall not include oil and gas production and gathering pipeline systems used primarily to collect oil or gas production from wells.

(w) Warning letter: A written letter from the Department to a Respondent, pursuant to subdivision 753-6.3 of this Part, informing a Respondent that an alleged violation of a specific provision(s) of Part 753 has occurred or is continuing, advising the Respondent to correct it, if it is correctable, and to comply henceforth or be subject to enforcement proceedings under this Part.

(x) Work area: The area of the ground or equivalent surface which will be disturbed or removed by excavation work or affected by demolition work.

(y) Working days: Mondays through Fridays, exclusive of public holidays. The public holidays observed by the State of New York are as follows:

If the holiday occurs on a Saturday, it will be observed the Friday before. If the holiday occurs on a Sunday, it will be observed the Monday after.