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NC H476
Bill
Status
8/23/2013
Primary Sponsor
Michael Hager
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AI Summary
H476 Summary
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Repeals Article 8 of Chapter 87 of the General Statutes and replaces it with a new "Underground Utility Safety and Damage Prevention Act" (Article 8A) effective October 1, 2014
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Establishes a mandatory statewide Notification Center (not-for-profit corporation) through which excavators must provide 3-12 working days' advance notice before excavation or demolition; operators must respond with facility locations within 3 working days (10 days for subaqueous facilities)
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Requires operators to mark facility locations using APWA Uniform Color Code and maintain installation records and electronically locatable facilities; exempts gravity-fed sanitary sewers and storm water facilities from marking requirements
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Preempts local ordinances regarding facility permits, premarking, marking devices, and mark removal; establishes that neither excavators nor operators can charge each other for compliance costs
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Creates Underground Damage Prevention Review Board (appointed by Governor with 15 industry representatives) to review violation reports and impose penalties: training/education for negligence, $1,000 civil penalty for gross negligence, and $2,500 penalty plus training/education for willful or intentional conduct
Legislative Description
Rewrite Underground Damage Prevention Act
Last Action
Ch. SL 2013-407
8/23/2013