66-1806. Identification of location of facilities; duties of operator; liability for damages. - Kansas Statutes

66-1806

Chapter 66.--PUBLIC UTILITIES Article 18.--UTILITY DAMAGE PREVENTION

      66-1806.   Identification of location of facilities;duties of operator;liability for damages.(a) Within two working days, beginning on the later of the first working dayafter theexcavator has filed notice of intent to excavate or the first day after theexcavator has whitelined the excavation site, an operator served withnotice, unless otherwiseagreed between the parties, shall inform the excavator of the tolerancezone of the underground facilities of the operator in the area of the plannedexcavation by marking, flagging or other acceptable method.

      (b)   If the operator of tier 2 facilities cannot accurately mark thetolerance zone, such operator shall mark the approximate location to the bestof its ability, notify the excavator that the markings may not be accurate, andprovide additional guidance to the excavator in locating the facilities asneeded during the excavation.

      (c)   The operator of tier 2 facilities shall not be required to providenotification of the tolerance zone for facilities which are at a depth at leasttwo feet deeper than the excavator plans to excavate but does have to notifythe excavator of their existence.

      (d)   If the operator of a tier 1 facility has nounderground facilities in thearea of theproposed excavation, such operator, before the excavation start date, shallnotify the excavator that it has no facilities in the area of proposedexcavation by telephone, facsimile, marking the area all clear or by othertechnology that may be developed for such purposes.

      (e)   If the excavator notifies the notification center,within two workingdays after the initial identification of the tolerance zone by the operator,that the identifiers have been improperly removed or altered, the operatorshall make a reasonable effort to reidentify the tolerance zone within oneworking day after the operator receives actual notice from the notificationcenter.

      (f)   If the excavator has provided notice to an operatorpursuant to K.S.A. 66-1804, and amendments thereto, and the operatorfails to comply with subsections (a), (b) or (c) ornotifies the excavator that it has noundergroundfacilities in the area of the planned excavation, the excavator mayproceed and shall not be liable to the operator for any direct orindirect damagesresulting from contact with the operator's facilities, except that nothingin this act shall be construed to hold any excavator harmless fromliability to the operator in those cases of gross negligence or willfuland wanton conduct.

      (g)   For economic damages in any civil court of this state,failure of anoperator to inform the excavator within two working days of the tolerance zoneof the underground facilities of the operator in the manner required bysubsection (a) of K.S.A. 66-1806, and amendments thereto, shall notgive rise to a cause of action on the part of the excavator against anoperator, except that nothing in this act shall be construed to hold anyoperator harmless from liability in those cases of inaccurate marking of thetolerance zone, gross negligence or willful and wanton conduct. Such failuremay subject an operator to civil penalties as determined by the statecorporation commission.

      (h)   Any person claiming that an operator has failed toinform the excavatorwithin two working days of the tolerance zone of the underground facilities ofthe operator shall file a complaint with the state corporation commissionrequesting enforcement of subsection (a) within one year of becoming aware ofthe violation.

      (i)   All tier 1 facilities installed by an operator after January 1, 2003,shall be locatable.

      (j)   All tier 2 facilities installed by an operator after July 1, 2008,shall be locatable.

      History:   L. 1993, ch. 217, § 6;L. 2002, ch. 41, § 4;L. 2008, ch. 122, § 8; July 1, 2009.