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1 EXCAVATOR MANUAL For the most current version of this manual and the One Call Notification Act, please visit Revised 10/2017

2 The information contained in this manual was developed to help you understand the One Call Law and the operations of Nebraska811. Nebraska811 was established as a means to protect underground facilities, assist excavators and utilities in complying with Nebraska Statute and to protect the general public and environment. Please note! The statutes apply to any person excavating or disturbing the soil in the State of Nebraska. This includes professional contractors, homeowners and personal property owners. Before you dig you must contact Nebraska811. It s the LAW! Nebraska811 PO BOX 649 Elkhorn, NE or Administrative Offices: ne@occinc.com Website: Visit for: Placing a locate request The entire Nebraska Law/One Call Notification Act Training and technical resources Upcoming events and free promotional items A full listing of the One Call Board of Directors Much, much more The information contained in this manual does not have the force of law and is only provided as guidance. For the most current version of this manual and the One Call Notification Act, please visit

3 TABLE OF CONTENTS About Nebraska811 1 Hours of Operation and Observed Holidays 2 The Process of using Nebraska811 3 Who needs to place a locate request and when? 4 How do I place a locate request? 4 Ticket Types 5 Emergency Locate Requests 6 ITIC - Internet Ticketing 7 Required Locate Request Information 8 Size of Area on a Ticket 09 White-Lining the Proposed Dig Area 09 What happens after I submit a locate request? 10 Who marks the lines? 10 Depth of Facilities 10 Best Practice on Privately Owned Lines 11 How do I know if the utilities have responded? 11 Color Code and Locating Best Practices 12 Marking Guidelines 13 Approximate Location and Facility Identifiers 14 How long is a ticket valid? 15 When to Refresh the Marks 15 Preserving the Marks 15 Damaging/Disturbing an Underground Utility 15 Disputes with an Excavator or Facility Owner 16 Responsibilities of an Excavator/Digger 17 Responsibilities of the Facility Operators 17 Nebraska State Law / The One Call Notification Act 18 Penalties Under the Law 29 Note Pages 30 Common Ground Nebraska 32 This manual contains information the One-Call Board of Directors believes may be helpful in understanding the One-Call law. The material is to be used merely as a guide and should not be relied upon as a substitute for legal requirements, duties, or responsibilities imposed on excavators, operators, or others by the One-Call law. For the most up to date information, including any changes in the One-Call law, please visit

4 ABOUT NEBRASKA In 1994, The Nebraska Legislature passed a law called The One-Call Notification System Act. It is listed in the Revised Statutes of Nebraska from Sections to It says that everyone who excavates (or otherwise disturbs the surface of the ground) must first contact the state one-call notification center (Nebraska811) at least two business days, but not more than 10 days, before they start work. Saturday, Sunday and the holidays listed on page 2 of this manual are not included in the two business day timeframe. Nebraska811, formerly known as Diggers Hotline of Nebraska, is the statewide one-call notification center set up by Nebraska state law. It is the link between people who want to excavate and the underground facility owner/ operators. Nebraska811 can receive regular locate requests via the following methods: Phone #: 811 or (both numbers are toll free) ITIC (Internet Ticketing): or ne.itic.occinc.com The service is FREE to the excavator requesting a locate. Upon placing a FREE locate request to Nebraska811 for a proposed excavation, Nebraska811 will provide the excavator a list of the member utility companies that have underground facilities in the area of the proposed dig site. Nebraska811 will then notify those affected utilities of the proposed excavation. Nebraska811 is funded by its members, the underground facility operators. Records of all calls and locate requests are kept for five years. Call to become a member of Nebraska811 or to report any utility that is not a member.

5 HOURS OF OPERATION 02 Business Office: :00am - 5:00pm CST Phone Requests: 811 or /7/365 Internet Requests: 24/7/365 OBSERVED HOLIDAYS Holidays as recognized by Nebraska State Statutes: New Year s Day Jan. 1 Martin Luther King, Jr s Birthday 3rd Monday in Jan. Presidents Day 3rd Monday in Feb. Arbor Day Last Friday in April Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in Sept. Columbus Day 2nd Monday in Oct. Veterans Day November 11 Thanksgiving 4th Thursday in Nov. The Day After Thanksgiving 4th Friday in Nov. Christmas December 25 If a holiday falls on Sunday, the following Monday shall be considered a holiday. If a holiday falls on a Saturday, the preceding Friday shall be observed.

6 THE PROCESS OF USING NEBRASKA EXCAVATOR CALLS IN LOCATE REQUEST (White-lining or pre-marking the dig site is strongly encouraged) NEBRASKA811 PROCESSES & SUBMITS REQUEST TO UTILITIES UTILITIES MARK SITE OR ADVISE IF THEY ARE CLEAR EXCAVATOR DIGS WITH CARE, AVOIDING DAMAGES

7 WHO NEEDS TO PLACE A LOCATE REQUEST AND WHEN? 04 Everyone, everywhere in the state of Nebraska must contact Nebraska811 before excavating or disturbing the soil, even in your own farm field or backyard! Two business days (but not more than 10 business days) prior to your planned excavation activity, you may place a locate request with Nebraska811. By contacting Nebraska811, you will be placing a request for the underground utilities in your excavation area to be located and marked. Contacting Nebraska811 is required by state law (Nebraska Statute ) and is designed to protect you, underground facilities and the public. Professional contractors, homeowners, and personal property owners all fall under the statutes. IMPORTANT: The individual that will be doing the actual excavation, disturbing the soil, is responsible for submitting the locate request to Nebraska811. If you are a subcontractor and will be conducting the actual excavation, you need to place the locate request with Nebraska811. A locate request placed by your general contractor will not protect you or your company. If you are a homeowner and will have someone else doing the excavation on your property, the individual doing the excavation activity needs to submit the locate request to Nebraska811. Please ensure that the individual excavating on your property or project has submitted a locate request to Nebraska811 2 business days prior to the excavation activity. HOW DO I PLACE A LOCATE REQUEST? Two business days (but not more than 10 business days) prior to your planned excavation activity, you may place a locate request with Nebraska811 via the following methods: Phone: 811 or (both numbers are toll free) Online: or ne.itic.occinc.com ITIC (Internet Ticketing) Fax: Special restrictions apply. Contact the Call Center at to inquire about this method.

8 TICKET TYPES 05 NORMAL This is a standard locate request. Utilities must respond within two business days or at a time mutually agreed to by all parties. All utilities should respond by either marking the approximate location of underground facilities or notifying the excavator that the utility is clear or not affected. EMERGENCY A locate request meeting the legal definition of an Emergency (page 6). Submitting a ticket as an emergency that does not meet the legal definition is punishable by criminal penalties. Repeated instances of filing emergency tickets that do not meet the legal definition of an emergency may result in a complaint being filed with the Nebraska Attorney General s office. DAMAGE A notification of the damage or disturbance of an underground utility. Nebraska statute requires the immediate notification of the damage, dislocation or disturbance of an underground utility to Nebraska811. If the damage involves pipeline or natural gas facilities, 911 must also be notified. REFRESH A notification requesting a refresh of marks from an existing locate request. This request should be made anytime the work will continue for longer than ten business days or if marks become unusable due to work disturbance or weather. NO RESPONSE A second notification reporting that a utility, or utilities, did not respond to an existing locate request by marking or notification that they are clear. Any utility receiving a No Response notification should respond as soon as possible but no later than two hours. TICKET TYPES CONTINUED ON NEXT PAGE

9 TICKET TYPES (Continued) 06 INCORRECT LOCATE A second notification reporting that a utility, or utilities, did not mark the original request correctly. Any utility receiving an Incorrect Locate notification should respond as soon as possible but no later than two hours. DESIGN A notification to provide the designer with a list of utilities in the area described. The utilities are not required to respond to a Design request. Excavation is not allowed on a Design request. EMERGENCY LOCATE REQUESTS An Emergency Locate Request is defined as and will only be accepted and processed as the following: A clear and present danger to life, health, or property or which demands immediate action to prevent or repair a major service outage. Poor planning on the part of the excavator DOES NOT constitute an Emergency. If your request does not fall within the parameters of a defined emergency you will be required to wait 2 business days or until all facilities have been located prior to any excavation activity. Examples of Emergency Locate Requests, but not limited to: Blowing or leaking gas lines Repairing downed fence that secures livestock Repairing water lines that serve large facilities (nursing homes, hospitals, schools) Repairing crucial cable or fiber serving business/ industry/911 centers Examples of NON Emergency Requests, but not limited to: Installation or repair of fence on personal property Repair or installation of underground sprinklers Installing cable for personal residence Planting trees or any landscaping Repeated instances of filing emergency tickets that do not meet the legal definition of an emergency may result in a complaint being filed with the Nebraska Attorney General s office.

10 ITIC 07 ITIC (Internet Ticketing) is a free internet ticket processing tool offering excavators the ability to enter a dig request online 24/7/365. There are 2 versions available: TEXT ONLY allows you to enter the ticket information (the text portion of a locate request). The ticket is then sent to Nebraska811. An ITIC specialist will review the ticket to ensure it contains all required information, then outline the proposed excavation site on a map to determine which utilities will receive the locate request. MAPPING allows you to enter the ticket information AND use the mapping application to determine which utilities will receive the locate request. The mapping version requires free training. Webinars and on-site trainings are available. Visit ne1call.com or call to schedule one today! Direct link to ITIC: ne.itic.occinc.com

11 REQUIRED LOCATE REQUEST INFORMATION 08 You will be asked the following questions while submitting a locate request with Nebraska811. To avoid any delays, please have all information available when submitting the request. Sender Information Phone Number: ( ) - Caller ID: First & Last Name: Company Name: Company Address: Address: Fax Number: ( ) - On Site Contact Information First & Last Name: Phone Number: ( ) - Excavation Information Type of Work: Work Done For: Boring: Yes No Explosives: Yes No White Lined: Yes No Depth (in FT): Duration: Location Information County: City: Inside city limits: Yes No Unknown Address or street work is on or along: On which side of the road (circle one): N S E W BOTH Nearest intersecting street: Driving Directions to Site: (From intersecting street to site) Marking Instructions: (Include starting and stopping point) LEGALS Township: Range: Section/Quarter: * This form is available for printing/copies at:

12 SIZE OF AREA ON A TICKET To ensure that your tickets are done accurately and on time, Nebraska811 policy limits the size of a ticket to: 09 Five individual addresses per 100 block, all on same road and all having the same marking instructions. Inside city limits, one block (from intersection to intersection) along one road. Outside city limits, six miles along one road. WHITE-LINING OF A PROPOSED DIG AREA White lining is the practice of outlining the area of excavation with white paint or flags. White lining saves the utilities time once on site and ensures the entire area of excavation is located properly. 1. Single Area Excavation Marking Co. Identifier Co. Identifier Co. Identifier 1 Wide 1 Dia. 1 Wide 1 Wide Dots 6 Approx. Length Co. Identifier 1 Wide 6 Approx. Length Marks long, 1 wide, 4-50 apart Outline or dot the extent of excavation Identify corners with solid angles Identify excavator name Dots may have less than 4 spacing Full Line Radius or Arc Four Corner Dash Line 2. Single Stake Marking Center Point of Excavation Stake at the center of excavation Include name of excavator on stake Indicate radius of excavation on stake Single stake with radius noted. This circle illustrates the radius indicated on the stake. 3. Trenching, Boring or Other Continuous Type Excavation Trench Line Proposed Excavation Center Line Trench Line Co. Identifier Co. Identifier 1 x 6 to 12 Arrows 1 Dia. Dots Curb Marks long, 1 wide, 4-50 apart Outline or dot the extent of excavation Identify corners with solid angles Identify excavator name Property Line 4. Stakes, Flags, or Whiskers 5. Excavation Corridor Stakes, Flags, or Whiskers Marking Four Corners Stakes, Flags, or Whiskers Marking Outline of Excavation ACME 10 CDR (Excavator identifier) (Corridor width) Indicate corridor width along path of excavation Please refer to the Common Ground Alliance Best Practices manual for more information on marking guidelines. The Best Practices Manual can be viewed and downloaded by visiting Nebraska811 strongly encourages the practice whenever possible. Free flags are available upon request at

13 WHAT HAPPENS AFTER I SUBMIT A LOCATE REQUEST? 10 The member utilities affected by your proposed dig site will promptly be notified by Nebraska811 of your excavation plans. If they are within your proposed dig site, the utility will respond no later than two business days after receipt of the notice or at a time mutually agreed to by all parties involved. The member utilities will mark the approximate location of their underground utilities. These marks are approximate and will be within 18 inches on either side, plus ½ the width of the underground facility. If digging must take place in an area marked, hand digging and extreme caution is suggested. An operator who determines that it does not have any underground facilities located in the area of proposed excavation will notify the excavator of that determination prior to the start date/time indicated on the ticket. WHO MARKS THE LINES? The facility owner/operator is required by law to respond to each notification. Nebraska811 will send the proposed excavation information to the facility owner/operator. The operator will either respond to the locate request themselves or they may hire a contract locating company to respond for them. DEPTH OF FACILITIES Utilities are not required to mark/indicate the depth of their facilities under Nebraska law. Even though there are standards established for the installation of various facilities, factors such as erosion or landscaping can change the depth of an installed facility. It is recommended that the excavator never assume that any facility is at a given depth.

14 BEST PRACTICE ON PRIVATELY OWNED LINES 11 Privately owned underground facilities are not required to be marked by representatives of One Call Member facility operators beyond the demarcation point of each facility (e.g. Private Property) and can vary depending on the type of facility and policies of the facility operator. Prior to excavating, the excavator should be aware that privately owned buried facilities may exist within the work area. The excavator should inspect the work area for signs of private utilities and contact the private facility owner to verify the location. Examples of private facilities include but are not limited to: Natural gas lines running to fire pits, BBQ grills, pool heaters, spas, detached garage, etc. Landscape lighting, invisible pet fencing Water lines for water features, underground sprinklers Electric line running to out buildings, garages, gazebos, sheds, RV hook-ups, etc. Electric lines for parking lot lights Electric line for commercial signage Private sewer and water including septic laterals and water service Electric lines to center pivots Farm tap service lines Propane lines from tank to structure A Private Line Locator Directory is available at HOW DO I KNOW IF UTILITIES HAVE RESPONDED? The facility owner/operator is required by law to respond to each notification. After the operator has been notified of the planned excavation, they are required by law to either: 1. Mark the approximate location of their underground facilities using the APWA color code (on next page); 2. Request additional information if necessary; or

15 3. Advise you if they have no facilities at your excavation site by verbally informing the excavator in person or by calling the contact number, leaving a message, sending an or fax if provided, or marking clear or ok at the dig site. Contact Nebraska811 if a utility has not responded by the start date/time on the locate request. COLOR CODE AND LOCATING BEST PRACTICES Use color-coded surface marks (paint) to indicate the location and route of buried lines. To increase visibility, color-coded vertical markers (temporary stakes or flags) could supplement surface marks. All marks and markers should indicate the name, initials or logo of the company that owns or operates the line and the width of the facility if it is greater than two inches. If the surface over the buried line is to be removed, supplemental offset marking may be used. Offset markings should be on a uniform alignment and must clearly indicate that the actual facility is a specific distance away. 12 WHITE : PINK : RED : YELLOW : ORANGE : BLUE: PURPLE : GREEN: Proposed Excavation Temporary Survey Markings Electric Power Lines, Cables, Conduit and Lighting Cables Gas, Oil, Steam, Petroleum or Gaseous Materials Communication, Alarm or Signal Lines, Cables or Conduit Potable Water Reclaimed Water, Irrigation and Slurry Lines Sewer and Drain Lines

16 MARKING GUIDELINES 13 If digging must take place within this area, the excavator should exercise such reasonable care as may be necessary for the protection of any underground facility in or near the excavation area. Use extreme caution along with hand digging or other soft digging methods. 1. General Marks (as can be reasonably seen based on terrain) SBC (Company identifier) 12 to 18 4 to 50 in distance between marks 3. Multiple Facilities 11. Terminations (indicates capped end of a facility) PG&E 13. Appurtenance or Splice (valves or fittings elevated from main facility depth) AT&T 1 Wide (same type facilities where separate signal is not possible) SIDEWALK CURB PG&E 4/4 PLA 5. Corridor Mark Approximate Center of Facilities (same type facilities where number is not known) SIDEWALK CURB 7. Laterals PG&E 12 CDR Pipe Material Approximate Center of Combined Facilities Actual Outer Edges of Facilities (mark as a T indicate any change in size or direction) PG&E 2 PLA PG&E 4 PLA 9. Staked Offset Approximate Center (arrow with distance to center of facility) Approximate Center PG&E 4 off 12 STL 2. Single Facility (indicate center of single toned facility) SIDEWALK CURB 10. Vaults (mark edges and arrow toward visible access) PG&E Vault 12. Clear or Ok (CLEAR or OK indicates no conflict) LG CLEAR AT&T CLEAR ABC NO FACILITIES PG&E Work Area Delineation 14. Continuation of Facility (arrows indicated facility continues beyond locate area) LG 10 DOW 12 STL Approximate Center of Facility 4. Conduit or Oversize Facility (diamond enclosed by outside edge of facility) SIDEWALK CURB 6. Bends SBC 4/4 PLA Actual Outer Edges of Facilities (radius indicated with marks depicting arc) PG&E 6 PLA Approximate Center 8. Painted Offset PG&E 6 PLA (arrow with distance to center of facility) PG&E 8 off 12 STL Approximate Center LG 10 Please refer to the Common Ground Alliance Best Practices manual for Facility Marking Standards more information on marking guidelines. The Best Practices Manual can be viewed and downloaded by visiting

17 APPROXIMATE LOCATION Hand Dig GAS 18 Hand Dig LOCATION TOLERANCE ZONE Hand Dig Hand Dig SMALL PIPE OR CABLE FACILITY IDENTIFIERS COLOR RED : YELLOW: BLUE: GREEN: ORANGE: UTILITY TYPE E=electric, RR=railroad signal, SL= street lighting, TS=traffic signal CH=chemical, G=gas, LPG=liquified petroleum gas, PP=petroleum products W=water S=sewer, SD=storm drain, SS=sewer FO=fiber optic, TEL=telephone, TV=cable television

18 HOW LONG IS A TICKET VALID? 15 If an active excavation project will continue for longer than 10 days or the markings become unclear or unusable at anytime due to weather, construction or other causes, a Refresh request needs to be submitted to Nebraska811. Use the original ticket number as a reference. A Refresh request requires the two business day waiting period. WHEN TO REFRESH THE MARKS BEST PRACTICE ON TICKET LIFE Markings provided by operators shall be valid for a period of 10 business days from the proposed starting date provided to Nebraska811. The person responsible for the excavation project shall renew the notification with Nebraska811 at least 2 business days prior to this expiration date and shall continue to renew such notification in the same manner throughout the duration of the excavation. The renewal notice shall be valid for a period of 10 business days from the proposed starting date of the renewal notification. PRESERVING THE MARKS BEST PRACTICE ON CONDITION OF FACILITY LOCATION MARKINGS The excavator is responsible for reasonably protecting and preserving facility location markings until no longer required for proper and safe excavation near an underground facility. If the excavator has reason to believe locate markings are obliterated, obscured, missing or incorrect, the excavator shall notify Nebraska811 in order to have the facility operator verify, refresh or remark the locate. It is important that all facilities are marked prior to digging. Notice to the center shall be given at least 2 business days, but not more than 10 business days, before commencing the excavation. DAMAGING/DISTURBING AN UNDERGROUND UTILITY All excavators must notify Nebraska811 to report damage to an underground facility (see ). Nebraska811 will notify all underground member facility operators

19 P CALL OR in the area, who will respond appropriately. If the damage results in a potentially dangerous emergency, the excavator shall take reasonable actions to alleviate the emergency including, but not limited to, the evacuation of the affected area. For everyone s safety in any incident involving blowing gas, make calls from a safe distance. The excavator shall leave all equipment situated where the equipment was at the time the emergency was created and immediately contact the operator/owner, appropriate authorities and response agencies including, but not limited to, the 911 emergency response system. DISPUTES WITH AN EXCAVATOR OR FACILITY OWNER Nebraska811 will not and is not authorized to settle disputes between excavators, facility operators and contract locators. In the event that you may be involved in a dispute, Nebraska811 may provide copies of records. If an excavator or facility owner has repeated incidents of non-compliance or failure to adhere to the statutes, you may file a complaint with the Attorney General s office. Complaint forms can be found on Nebraska811 website or by contacting the Nebraska Attorney General s office. 16 ONE-CALL VIOLATION REPORT NAME OF PARTY REQUESTING ACTION: CONTACT INFORMATION: (Include phone number) VIOLATING PARTY (NAME, ADDRESS, MAIN CONTACT): REASONS FOR REQUEST (State nature of violation, date(s) of violation, location of violatio damage caused, if any, specific concerns about safety, type of underground facility affected, a other relevant details. Attach supporting documentation, if any: NAME AND CONTACT INFORMATION OF PERSON(S) WITH MOST KNOWLED THE VIOLATION: LIST HISTORY OF VIOLATIONS WITH THIS CONTRACTOR, IF KNOWN (A supporting documentation, if any, including previous warning letters from undergro facilities):

20 RESPONSIBILITIES OF AN EXCAVATOR/DIGGER 17 You must call Nebraska811 at least 2 business days, but not more than 10 business days before digging (except for emergencies. See page 6). You must ensure all information on the locate request is accurate. Call Nebraska811 to correct inaccurate information. You must contact any other utilities in the area that are NOT notified by Nebraska811. Please report any utilities that are not a member of Nebraska811 by calling You must ensure all utilities have responded before you begin your excavation. Call Nebraska811 if the utilities have not responded or marked correctly by the start date/time on the locate request. Once all utilities have marked, or indicated clear, you must dig with reasonable care. Should you hit (damage, dislocate, disturb or expose) an underground facility, you must call Nebraska811 immediately. Damages shall not be concealed or repaired without authorization from the owner of the facility. Contact Nebraska811 if markings need to be refreshed. RESPONSIBILITIES OF THE FACILITY OPERATORS Underground facility operators must be members of Nebraska811. They must mark their facilities or notify the excavator of no facilities in the dig area within two business days from the request. The marks must be done in a manner that will last for a minimum of five business days on any non-permanent surface and a minimum of ten business days on any permanent surface. If, in the opinion of the operator, the precise location of a facility cannot be determined and marked as required, the operator will provide all pertinent information and field locating assistance to the excavator at a mutually agreed to time. Underground facility owners will update their records with Nebraska811 as needed.

21 THE ONE CALL NOTIFICATION ACT Act, how cited. Sections to shall be known and may be cited as the One-Call Notification System Act Legislative intent. (1) It is the intent of the Legislature to establish a means by which excavators may notify operators of underground facilities in an excavation area so that operators have the opportunity to identify and locate the underground facilities prior to excavation and so that the excavators may then observe proper precautions to safeguard the underground facilities from damage. (2) It is the purpose of the One-Call Notification System Act to aid the public by preventing injury to persons and damage to property and the interruption of utility services resulting from accidents caused by damage to underground facilities Definitions, where found. For purposes of the One-Call Notification System Act, the definitions found in sections to shall be used Bar test survey, defined. Bar test survey means a leakage survey completed with a nonconductive piece of equipment made by manually driving small holes in the ground at regular intervals along the route of an underground gas pipe for the purpose of extracting a sample of the ground atmosphere and testing the atmosphere in the holes with a combustible gas detector or other suitable device Business day, defined. Business day shall mean any day other than a Saturday, Sunday, or state or nationally observed legal holiday Center, defined. Center shall mean the statewide one-call notification center Damage, defined. Damage shall mean any impact with, partial or complete

22 THE ONE CALL NOTIFICATION ACT (Continued) 19 severance, destruction, impairment, or penetration of, or removal or weakening of support from an underground facility, including its protective coating, housing, or other protective device Emergency condition, defined. Emergency condition shall mean any condition which constitutes a clear and present danger to life, health, or property or which demands immediate action to prevent or repair a major service outage Excavation, defined. Excavation shall mean any activity in which earth, rock, or other material in or on the ground is moved or otherwise displaced by means of tools, equipment, or explosives and shall include grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, and cable or pipe plowing or driving but shall not include (1) normal maintenance of roads if the maintenance does not change the original road grade and does not involve the road ditch, (2) tilling of soil and gardening for seeding and other agricultural purposes, (3) digging of graves or in landfills in planned locations, (4) maintenance or rebuilding of railroad track or facilities located on a railroad right-of-way by the railroad company or its contractors when such maintenance or rebuilding does not change the track grade, or (5) hand digging around the base of a pole for pole inspection as part of routine maintenance or replacement of a pole when the replacement pole is similarly sized and is installed in the existing hole Excavator, defined. Excavator shall mean a person who engages in excavation in this state Gas or hazardous liquid underground pipeline facility, defined. Gas or hazardous liquid underground pipeline facility shall mean any underground facility used or intended for use in the transportation of gas or the treatment of gas or used or intended for use in the transportation of hazardous liquids

23 THE ONE CALL NOTIFICATION ACT (Continued) 20 including petroleum or petroleum products Nonpermanent surface, defined. Nonpermanent surface shall mean any ground consisting of uncovered dirt or rock or ground that is covered by grass or other plant life, crushed rock, gravel, or other similar natural substance Normal working hours, defined. Normal working hours shall mean the hours of 7 a.m. to 5 p.m. on a business day in each time zone in the state Operator, defined. Operator shall mean a person who manages or controls the functions of an underground facility but shall not include a person who is an owner or tenant of real property where underground facilities are located if the underground facilities are used exclusively to furnish services or commodities on the real property Permanent surface, defined. Permanent surface shall mean any ground that is covered by a hard, artificial, weatherproof material such as concrete, asphalt, or other similar artificial substance Person, defined. Person shall mean an individual, partnership, limited liability company, association, municipality, state, county, political subdivision, utility, joint venture, or corporation and shall include the employer of an individual Statewide one-call notification center, defined. Statewide one-call notification center shall mean the association operating on a nonprofit basis, supported by its members, and having as its principal purpose the statewide receipt and dissemination to participating operators of information on a fair and uniform basis concerning intended excavation in an area where the operators have underground facilities.

24 THE ONE CALL NOTIFICATION ACT (Continued) 21 Operative Date: August 24, Underground facility, defined. Underground facility shall mean any item of personal property buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic communications, telephonic communications, telegraphic communications, cable television, electric energy, oil, gas, hazardous liquids, or other substances, including pipes, trunk lines, fiber optic cables, sewers, conduits, cables, valves, lines, wires, manholes, and attachments to such personal property Center; membership required. Operators of underground facilities shall become members of and participate in the statewide one-call notification center Board of directors; rules and regulations; selection of vendor. (1) The center shall be governed by a board of directors who shall oversee operation of the center pursuant to rules and regulations adopted and promulgated by the State Fire Marshal. The board of directors shall also establish a competitive bidding procedure to select a vendor to provide the notification service, establish a procedure by which members of the center share the costs of the center on a fair, reasonable, and nondiscriminatory basis, and do all other things necessary to implement the purpose of the center. Any agreement between the center and a vendor for the notification service may be modified from time to time by the board of directors, and any agreement shall be reviewed by the board of directors at least once every three years, with an opportunity to receive new bids if desired by the board of directors. (2) The rules and regulations adopted and promulgated by the State Fire Marshal may provide for: (a) Any requirements necessary to comply with United States Department of Transportation programs;

25 THE ONE CALL NOTIFICATION ACT (Continued) 22 (b) The qualifications, appointment, retention, and composition of the board of directors; and (c) Best practices for the marking, location, and notification of proposed excavations which shall govern the center, excavators, and operators of underground facilities. (3) Any rule or regulation adopted and promulgated by the State Fire Marshal pursuant to subdivision (2)(c) of this section shall originate with the board of directors. Operative Date: August 24, Operator; duty to furnish information; center operational, when. Every operator shall furnish the vendor selected by the board of directors with information concerning the location of its underground facilities. Every operator having underground facilities in existence in this state on February 16, 1994, shall furnish such information to the vendor by April 3, The vendor shall have the center operational on October 2, Operative Date: August 24, Excavation; notice; contents; commencement. (1) A person shall not commence any excavation without first giving notice to every operator. An excavator s notice to the center shall be deemed notice to all operators. An excavator s notice to operators shall be ineffective for purposes of this subsection unless given to the center. Notice to the center shall be given at least two full business days, but no more than ten business days, before commencing the excavation, except notice may be given more than ten business days in advance when the excavation is a road construction, widening, repair, or grading project provided for in sections to and to An excavator may commence work before the elapse of two full business days when (a) notice to the center

26 THE ONE CALL NOTIFICATION ACT (Continued) 23 has been given as provided by this subsection and (b) all the affected operators have notified the excavator that the location of all the affected operator s underground facilities have been marked or that the operators have no underground facilities in the location of the proposed excavation. (2) The notice required pursuant to subsection (1) of this section shall include (a) the name and telephone number of the person making the notification, (b) the name, address, and telephone number of the excavator, (c) the location of the area of the proposed excavation, including the range, township, section, and quarter section, unless the area is within the corporate limits of a city or village, in which case the location may be by street address, (d) the date and time excavation is scheduled to commence, (e) the depth of excavation, (f) the type and extent of excavation being planned, including whether the excavation involves tunneling or horizontal boring, and (g) whether the use of explosives is anticipated Excavator; notice to center. An excavator shall serve notice of intent to excavate upon the center by submitting a locate request using a method provided by the center. The center shall inform the excavator of all operators to whom such notice will be transmitted and shall promptly transmit such notice to every operator having an underground facility in the area of intended excavation. The center shall assign an identification number to each notice received Underground facilities; mark or identify. (1) Upon receipt of the information contained in the notice pursuant to section , an operator shall advise the excavator of the approximate location of underground facilities in the area of the proposed excavation by marking or identifying the location of the underground facilities with stakes, flags, paint, or any other clearly identifiable marking or reference point and shall indicate if the underground facilities are subject to section The location of

27 THE ONE CALL NOTIFICATION ACT (Continued) 24 the underground facility given by the operator shall be within a strip of land eighteen inches on either side of the marking or identification plus one-half of the width of the underground facility. If in the opinion of the operator the precise location of a facility cannot be determined and marked as required, the operator shall provide all pertinent information and field locating assistance to the excavator at a mutually agreed to time. The location shall be marked or identified using color standards prescribed by the center. The operator shall respond no later than two business days after receipt of the information in the notice or at a time mutually agreed to by the parties. (2) The marking or identification shall be done in a manner that will last for a minimum of five business days on any nonpermanent surface and a minimum of ten business days on any permanent surface. If the excavation will continue for longer than five business days, the operator shall remark or reidentify the location of the underground facility upon the request of the excavator. The request for remarking or reidentification shall be made through the center. (3) An operator who determines that it does not have any underground facility located in the area of the proposed excavation shall notify the excavator of the determination prior to the date of commencement of the excavation Excavator; liability for damage; when. An excavator who fails to give notice of an excavation pursuant to section or who fails to comply with section and who damages an underground facility by such excavation shall be strictly liable to the operator of the underground facility for the cost of all repairs to the underground facility. An excavator who gives the notice and who damages an underground facility shall be liable to the operator for the cost of all repairs to the underground facility unless the damage to the underground facility was due to the operator s failure to comply with section An excavator who fails to give notice of an excavation pursuant to section and who damages an underground

28 THE ONE CALL NOTIFICATION ACT (Continued) 25 facility that is operated by the excavator shall not be in violation of the One-Call Notification System Act. In addition to any liability provided in this section an operator of a damaged underground facility shall be entitled to any other remedies available at law or in equity provided by statute or otherwise Violations; civil penalty. Any person who violates the provisions of section , , , , , , or shall be subject to a civil penalty as follows: (1) For a violation related to a gas or hazardous liquid underground pipeline facility or a fiber optic telecommunications facility, an amount not to exceed ten thousand dollars for each violation for each day the violation persists, up to a maximum of five hundred thousand dollars; and (2) For a violation related to any other underground facility, an amount not to exceed five thousand dollars for each day the violation persists, up to a maximum of fifty thousand dollars. An action to recover a civil penalty shall be brought by the Attorney General or a prosecuting attorney on behalf of the State of Nebraska in any court of competent jurisdiction of this state. The trial shall be before the court, which shall consider the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, the absence or existence of prior violations, whether the violation was a willful act, any good faith attempt to achieve compliance, and such other matters as justice may require in determining the amount of penalty imposed. All penalties shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.

29 THE ONE CALL NOTIFICATION ACT (Continued) 26 Operative Date: August 24, Unlawful interference; penalty. Any person who willfully and maliciously breaks, injures, destroys, or otherwise interferes with the poles, wires, or other facilities of any telecommunications or railroad company or electric light and power company in this state or who willfully and purposely interrupts or interferes with the transmission of telecommunications messages or the transmission of light, heat, and power in this state shall be subject to the action and penalty prescribed in section Damage; duty of excavator. If any underground facility is damaged, dislocated, or disturbed before or during excavation, the excavator shall immediately notify the center. An excavator shall not conceal or attempt to conceal damage, dislocation, or disturbance of an underground facility and shall not repair or attempt to repair the underground facility unless authorized by the operator of the underground facility Incorrect location; duty of excavator. If in the course of excavation the excavator discovers that the operator has incorrectly located the underground facility, he or she shall notify the center as soon as practical but no later than seventy-two hours after discovery Local permits; treatment; claims against political subdivisions. The One-Call Notification System Act shall not affect or impair any local ordinances or other provisions of law requiring permits to be obtained before an excavation. A permit issued by a governing body shall not relieve an excavator from complying with the requirements of the act. No claim shall be maintained under the One-Call Notification System Act against a political subdivision or its officers, agents, or employees except to the extent, and only to the extent, provided by the Political Subdivisions Tort Claims Act.

30 THE ONE CALL NOTIFICATION ACT (Continued) Emergency conditions; bar test survey; notification requirements; liability. (1) Sections and shall not apply to an excavation made under an emergency condition if all reasonable precautions are taken to protect the underground facilities. If an emergency condition exists, the excavator shall give notification in substantial compliance with section as soon as practical. Upon being notified that an emergency condition exists, each operator shall provide all reasonably available location information to the excavator as soon as possible. If the emergency condition has arisen through no fault of the excavator, sections and shall not apply and the excavator shall be liable for damage to any underground facility located in the area if the damage occurs because of the negligent acts or omissions of the excavator. (2) Sections and shall not apply to a bar test survey deemed necessary to address an emergency condition performed by the operator of the gas or hazardous liquid underground pipeline facility or a qualified excavator who has been engaged to work on behalf of the operator in response to a reported or suspected leak of natural gas, propane, or other combustible liquid or gas. If the emergency condition has arisen through no fault of the excavating operator, section shall not apply. (3) Sections and shall not apply to an excavation deemed necessary to address an emergency condition performed by the operator of the gas or hazardous liquid underground pipeline facility or a qualified excavator who has been engaged to work on behalf of the operator to address a leak of natural gas, propane, or other combustible liquid or gas. In such event, the operator shall give notification in substantial compliance with section prior to the excavation undertaken by the operator to address the emergency condition. Upon being notified that an emergency condition exists, each operator shall provide all reasonably available location information to the excavating operator as soon as possible, but the excavating operator need not

31 THE ONE CALL NOTIFICATION ACT (Continued) 28 wait for such location information prior to excavation or continuing excavation. If the emergency condition has arisen through no fault of the excavating operator, section shall not apply Center; duties. The center shall: (1) Maintain adequate records documenting compliance with the requirements of the One-Call Notification System Act, including records of all telephone calls and records of all locate requests for the preceding five years which will be made available and printed upon request of an operator or excavator; (2) Provide the notification service during normal working hours at a minimum; and (3) Provide procedures for emergency notification for calls received at other than normal working hours Underground natural gas transmission line; representative present; excavation; duties. Unless otherwise agreed by the operator and excavator in writing, no excavation shall be performed within twentyfive feet of an underground natural gas transmission line as defined in 49 C.F.R unless a representative of the operator of the underground natural gas transmission line is present at the planned excavation area. If the representative of the operator fails to appear at the proposed excavation area at the time work is scheduled to commence, the excavator shall notify the operator that the representative failed to appear and excavation operations can begin if reasonable precautions are taken to protect the underground facility. This section does not prohibit an operator from either voluntarily having its representative present during excavation or from entering into an agreement voluntarily with an excavator that allows an operator representative to be present during excavation.

32 CRIMINAL PENALTIES Criminal Penalties. (1) A person commits criminal mischief if he or she: (a) Damages property of another intentionally or recklessly; or (b) Intentionally tampers with property of another so as to endanger person or property; or (c) Intentionally or maliciously causes another to suffer pecuniary loss by deception or threat. (2) Criminal mischief is a Class IV felony if the actor intentionally or maliciously causes pecuniary loss of one thousand five hundred dollars or more, or a substantial interruption or impairment of public communication, transportation, supply of water, gas, or power, or other public service. (3) Criminal mischief is a Class I misdemeanor if the actor intentionally or maliciously causes pecuniary loss of five hundred dollars or more but less than one thousand five hundred dollars. (4) Criminal mischief is a Class II misdemeanor if the actor intentionally or maliciously causes pecuniary loss of two hundred dollars or more but less than five hundred dollars. (5) Criminal mischief is a Class III misdemeanor if the actor intentionally, maliciously, or recklessly causes pecuniary loss in an amount of less than two hundred dollars, or if his or her action results in no pecuniary loss. PENALTIES UNDER THE LAW There are fines for failure to do what the One Call Notification Act requires. For violations related to gas or hazardous liquid pipelines, fines up to $10,000 per day (to a maximum of $500,000) may be assessed. For violations related to any other underground facility, an amount up to $500 per day (to a maximum of $5,000) may be assessed. There are also criminal penalties for any person who willfully and maliciously interferes with underground facilities or interrupts the transmission of a public utility as provided in Section (see above).

33 NOTES 30

34 NOTES 31

35 COMMON GROUND NEBRASKA 32 Common Ground Nebraska (CGN) is a regionally organized version of its parent, the national Common Ground Alliance, or CGA. It is a member-driven association dedicated to ensuring public safety, environmental protection, and the integrity of services by promoting effective damage prevention practices in the great state of Nebraska. The association has established itself as the leading organization in an effort to reduce damages to all underground facilities in Nebraska through shared responsibility among all stakeholders. Purpose The purpose of Common Ground Nebraska (CGN) is to prevent damage to underground infrastructure by: Fostering a sense of shared responsibility for the protection of underground facilities Supporting research Developing and conducting public awareness and education programs Identifying and disseminating the stakeholder best practices such as those embodied in the latest version of the Common Ground Alliance (CGA) Best Practices Serving as a clearinghouse for damage data collection, analysis and dissemination Get Involved In promoting a spirit of shared responsibility, CGN welcomes all stakeholders who would like to be a part of the identification and promotion of best practices that lead to a reduction in damage; visit the website to learn more. Any best practices endorsed by the CGN come with consensus support from experts in the following stakeholder groups: Excavators, Locators, Road Builders, Electric, Telecommunications, Oil, Gas, Railroad, Water, One Call, Public Works, Equipment Manufacturing, State Regulators, Insurance, Pipeline Operators, Emergency Services and Engineering/Design.

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