S 0840 General Bill, By O'Dell and Wilson

Similar(H 3966)
 A BILL TO AMEND SECTIONS 58-35-40, 58-35-60, 58-35-80, AND 58-35-120, CODE OF
 LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNDERGROUND UTILITY DAMAGE
 PREVENTION ACT, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, REVISE A NOTICE OF
 INTENT TO EXCAVATE OR DEMOLISH THAT MUST BE SERVED, TO REVISE THE DEFINITION
 OF "THE APPROXIMATE LOCATION OF UNDERGROUND UTILITIES", AND TO PROVIDE A
 LIABILITY PROVISION FOR A PERSON WHO DAMAGES AN UNDERGROUND UTILITY BELONGING
 TO AN OPERATOR WHO IS NOT A MEMBER OF CERTAIN ASSOCIATIONS FOR MUTUAL RECEIPT
 OF NOTICE.

   11/17/97  Senate Prefiled
   11/17/97  Senate Referred to Committee on Judiciary
   01/14/98  Senate Introduced and read first time SJ-7
   01/14/98  Senate Referred to Committee on Judiciary SJ-7

A BILL

TO AMEND SECTIONS 58-35-40, 58-35-60, 58-35-80, AND 58-35-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, REVISE A NOTICE OF INTENT TO EXCAVATE OR DEMOLISH THAT MUST BE SERVED, TO REVISE THE DEFINITION OF "THE APPROXIMATE LOCATION OF UNDERGROUND UTILITIES", AND TO PROVIDE A LIABILITY PROVISION FOR A PERSON WHO DAMAGES AN UNDERGROUND UTILITY BELONGING TO AN OPERATOR WHO IS NOT A MEMBER OF CERTAIN ASSOCIATIONS FOR MUTUAL RECEIPT OF NOTICE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 58-35-40 of the 1976 Code is amended to read:

"Section 58-35-40. Except as provided in Sections 58-35-50 and 58-35-90, no a person may not excavate in a street, highway, public space, a private easement of an operator, or near the location of an underground utility installed on the premises of a customer served by such a utility, or demolish a building without having first ascertained from the public utilities the location of all their underground utilities in the area that would be affected by the proposed excavation or demolition.

Prior to Before any excavation or demolition, the person financially responsible or the architect, engineer, or designer responsible for such these activities should shall consult with all the public utilities operating in the area and cause a detailed plan to be drawn and furnished to the entity physically doing the excavation or demolition that will show shows the location of all utilities in accordance with the provisions of Section 58-35-80."

SECTION 2. Section 58-35-60(a) of the 1976 Code is amended to read:

"(a) Except as provided in Sections 58-35-50 and 58-35-90, before commencing any excavation or demolition operation as described in Section 58-35-40, each person responsible for such excavation or demolition shall serve advance written or telephonic notice of intent to excavate or demolish not less than three two, but not more than ten full working days:

1.(1) on each operator which has underground utilities located in the proposed area of excavation or demolition; or

2.(2) if the proposed area of excavation or demolition is served by an association provided for in Section 58-35-70, on such association and on each operator which has underground utilities in the proposed area of excavation or demolition that is not receiving the services of the association; where demolition of a building is proposed, operators shall must be given reasonable time to remove or protect their underground utilities before demolition of the building is commenced."

SECTION 3. Section 58-35-80 of the 1976 Code is amended to read:

"Section 58-35-80. (A) Each operator or designated representative, including an association established in accordance with Section 58-35-70, notified in accordance with Section 58-35-60, shall supply, not less than one working day in advance of the proposed excavation or demolition, unless another period is provided by agreement between the person responsible for the excavation or demolition and the operator or designated representatives, supply, by use of maps or other appropriate means, the following information to the person responsible for the excavation or demolition:

(1) the approximate location and description of all of its underground utilities which may be damaged as a result of the excavation or demolition;

(2) the location and description of all utility markers indicating the approximate location of the underground utilities;

(3) any other information that would assist that person in locating and thereby avoiding damage to the underground utilities including providing adequate temporary markings, when necessary, indicating the approximate location of the underground utility in locations where permanent utility markers do not exist.

(B) For the purposes of this section the approximate location of underground utilities is defined as a 'strip of land at least five three feet wide, but not wider than the width of the utility plus two one and one-half feet on either side of the utility'.

(C) Should If there be is no response by the operators of all the public utilities at the site within three working days of telephonic notification, the person responsible for the excavation or demolition is free to proceed as though the location of all utilities had been determined as described earlier in this section."

SECTION 4. Section 58-35-120 of the 1976 Code is amended to read:

"Section 58-35-120. (A) Any A person who violates any a provision of this chapter shall be is subject to a civil penalty not to exceed one thousand dollars for each such violation. Actions to recover the penalty provided for in this section shall must be brought by the Attorney General at the request of the injured party in the proper forum in and for the county in which the cause, or some a part thereof of it, arose or in which the defendant has its principal place of business or resides. All penalties recovered in any such these actions shall must be paid into the general fund of the State.

(B) A person who damages an underground utility belonging to an operator who is not a member of an association for mutual receipt of notice established pursuant to Section 58-35-70 is not liable for any civil penalties and is not liable by the operator for personal or property damages if the person who damaged the utility gave proper notice to the association for mutual receipt.

(C) This chapter does not affect any civil remedies for personal injury or property damage except as otherwise specifically provided for in this chapter. The penalty provisions of this chapter are cumulative to and not in conflict with any provisions of law with respect to civil remedies for personal injury or property damage."

SECTION 5. This act takes effect upon approval by the Governor.