NAC455.160. Duties of excavator: Causing or observing damage to subsurface installation during excavation or demolition.

     1. If an excavator causes or observes any damage, including, without limitation, a scratch, kink, stretch mark or any other unusual condition, to a subsurface installation during an excavation or demolition, the excavator shall:

     (a) Cease work on the excavation or demolition in the area around the damaged subsurface installation;

     (b) Inform the operator of the subsurface installation of the damage; and

     (c) Except as otherwise provided in subsection 2, not backfill the area around the damaged subsurface installation until the operator of the subsurface installation has had a reasonable amount of time to inspect, maintain and repair the subsurface installation.

     2. If the operator of a damaged subsurface installation consents, the excavator may backfill the area around a damaged subsurface installation without the inspection, maintenance or repair of the subsurface installation by the operator.

     3. If the damaged subsurface installation presents an emergency, the excavator:

     (a) In addition to the notification required pursuant to subsection 1, shall inform all appropriate local public service agencies or, if available, telephone emergency 911 services;

     (b) Except as otherwise provided in paragraph (c), shall take reasonable steps to ensure public safety and to minimize the hazard presented by the damaged installation; and

     (c) Shall not operate any valve or other device of the operator of the damaged subsurface installation while taking steps to ensure public safety and to minimize the hazard presented by the damaged installation.

     (Added to NAC by Pub. Utilities Comm’n by R156-03, eff. 8-25-2004)