§ 87-101. Definitions. - North Carolina Statutes

§87‑101.  Definitions.

As used in this Article:

(1)        "Association"means an association, sponsored by utility owners, that will provide forreceipt of notification of excavation operations in a defined geographicalarea, and that will maintain the records of the notifications.

(2)        "Damage"includes the substantial weakening of structural or lateral support of anunderground utility, penetration or destruction of protective coating, housing,or other protective device of an underground utility, and the partial orcomplete severance of an underground utility.

(3)        "Excavate"or "excavation" means an operation for the purpose of the movement orremoval of earth, rock, or other materials in or on the ground by use ofequipment operated by means of mechanical power and/or an operation by which astructure or mass of material is wrecked, razed, moved, or removed by means ofany tools, equipment, or discharge of explosives. This term includes roadconstruction but does not include road maintenance activities within rights‑of‑wayof a highway, including those maintenance activities defined by the rules andregulations of the North Carolina Department of Transportation.

(4)        "Highway"has the meaning set out in G.S. 20‑4.01 as the same shall be amended fromtime to time.

(5)        "Location ofunderground utilities" means a strip of land not wider than the width ofthe underground utility plus two and one‑half (2 1/2) feet on either sideof the underground utility.

(6)        "Person"means a corporation, individual, copartnership, company, association, or anycombination of individuals or organizations doing business as a unit, anysubdivision or instrumentality of the State, and includes any officer, agent,trustee, receiver, assignee, lessee, or personal representative of any of theabove entities.

(7)        "Personfinancially responsible" means that person who ultimately receives thebenefits of any completed excavation activities, including a person owning orleasing real property or holding an easement or interest in an easement.

(8)        "Publicspaces" means any area owned by the State or any of its politicalsubdivisions or dedicated for public use.

(9)        "Roadconstruction" means the actual building of a new highway; or the paving,grading, widening, relocation, reconstruction, or other major improvement of asubstantial portion of an existing highway.

(10)      "Roadmaintenance" means preservation, including repairs and resurfacing of ahighway, not amounting to road construction.

(11)      "Street"has the meaning set out in G.S. 20‑4.01 as the same shall be amended fromtime to time.

(12)      "Undergroundutility" means any underground line, system or facility used forproducing, storing, conveying, transmitting, or distributing communication ortelecommunication, electricity, gas, petroleum and petroleum products, coalslurry, hazardous liquids, water under pressure, steam, or sanitary sewage, butnot including traffic signal control cables and vehicle detection cables of theNorth Carolina Department of Transportation.

(13)      "Utilityowner" means any person who owns or operates an underground utility.

(14)      "Work day"means every day except Saturday, Sunday, national legal holidays and Statelegal holidays. (1985, c. 785, s. 1.)