Definitions. For the purposes of this Section and
enforcement thereof, the following terms shall mean:
APPROXIMATE LOCATION
A strip of land not wider than the width of the underground
facility plus two (2) feet on either side thereof. In situations where
reinforced concrete, multiplicity of adjacent facilities or other
unusual specified conditions interfere with location attempts, the
owner or operator shall designate to the best of his or her ability
an approximate location of greater width.
DESIGN REQUEST
A request from any person for facility location information
for design purposes only.
EMERGENCY
A sudden, unexpected occurrence, presenting a clear and imminent
danger demanding immediate action to prevent or mitigate loss or damage
to life, health, property, or essential public services. "Unexpected
occurrence" includes, but is not limited to, thunderstorms, high winds,
ice or snow storms, fires, floods, earthquakes, or other soil or geologic
movements, riots, accidents, water or wastewater pipe breaks, vandalism,
or sabotage.
EXCAVATION
Any operation in which earth, rock or other material in or
on the ground is moved, removed or otherwise displaced by means of
any tools, equipment or explosives and includes, without limitation,
backfilling, grading, trenching, digging, ditching, pulling material
from a ditch but not including routine road maintenance, drilling,
well drilling, augering, boring, tunneling, scraping, cable or pipe
plowing, plowing in, pulling in, ripping, driving, and demolition
of structures, except that the use of mechanized tools and equipment
to break and remove pavement and masonry down only to the depth of
such pavement or masonry on roads dedicated to the public use for
vehicular traffic, the tilling of soil for agricultural purposes when
such excavation does not exceed sixteen (16) inches in depth, the
installation of marking flags and stakes and the use of pressurized
air to disintegrate and suction to remove earth, rock, or other materials
for the location of underground facilities shall not be deemed excavation.
Backfilling or moving earth on the ground in connection with other
excavation operations at the same site shall not be deemed separate
instances of excavation. For railroads regulated by the Federal Railroad
Administration, excavation shall not include any excavating done by
a railroad when such excavating is done entirely on land that the
railroad owns or on which the railroad operates, or in the event of
an emergency, excavating done by a railroad on adjacent land.
EXCAVATOR
Any person making one or more excavations who is required
to make notices of excavation under the requirements of Sections 319.010
to 319.050, RSMo., as presently enacted.
LOCATE STATUS
The underground facility owner's designation of the
status of the locate request to the notification center which then
makes that information available to the person making the locate request
through electronic or other means.
MARKING
The use of paint, flags, stakes, or other clearly identifiable
materials to show the field location of underground facilities, or
the area of proposed excavation, in accordance with the marking standards
for underground facilities as designated by the Common Ground Alliance
Best Practices Version 10.0 except that approximate location shall
comply with the requirements as set forth in the definition of "approximate
location" in this Section.
NOTIFICATION CENTER
A statewide organization operating twenty-four (24) hours
a day, three hundred sixty-five (365) days a year on a not-for-profit
basis, supported by a majority of the underground facility owners
in the State of Missouri.
PERMITTED PROJECT
A project for which a permit for the work to be performed
is required to be issued by a local, State or Federal agency and,
as a prerequisite to receiving such permit, the applicant is required
to notify all underground facility owners in the area of the work
for purposes of identifying the location of existing underground facilities.
PERSON
Any individual, firm, joint venture, partnership, corporation,
association, cooperative, municipality, political subdivision, governmental
unit, department or agency and shall include a notification center
and any trustee, receiver, assignee or personal representative thereof.
PIPELINE FACILITY
Includes all parts of a facility through which a hazardous
liquid or gas moves in transportation, including, but not limited
to, pipe, valves and other appurtenances connected to pipe, pumping
units, fabricated assemblies associated with pumping units, metering
and delivery stations and fabricated assemblies therein, and breakout
tanks.
STATE PLANE COORDINATES
A system of locating a point on a flat plane developed by
the National Oceanic and Atmospheric Administration and utilized by
State agencies, local governments, and other persons to designate
the site of a construction project.
TRENCHLESS EXCAVATION
Horizontal excavation parallel to the surface of the earth
which does not use trenching or vertical digging as the primary means
of excavation, including but not limited to directional boring, tunneling,
or augering.
UNDERGROUND FACILITY
Any item of personal property which shall be buried or placed
below ground for use in connection with the storage or conveyance
of water, storm drainage, sewage, telecommunications service, cable
television service, electricity, oil, gas, hazardous liquids or other
substances, and shall include but not be limited to pipes, sewers,
conduits, cables, valves, vaults, lines, wires, manholes, attachments,
or appurtenances, and those portions of pylons or other supports below
ground that are within any public or private street, road or alley,
right-of-way dedicated to the public use or utility easement of record,
or prescriptive easement. If gas distribution lines or electric lines,
telecommunications facilities, cable television facilities, water
service lines, water system, storm drainage or sewer system lines,
other than those used for vehicular traffic control, lighting of streets
and highways and communications for emergency response, are located
on private property and are owned solely by the owner or owners of
such private property, such lines or facilities receiving service
shall not be considered underground facilities for purposes of this
Chapter, except at locations where they cross or lie within an easement
or right-of-way dedicated to public use or owned by a person other
than the owner of the private property. Water and sanitary sewer lines
providing service to private property that are owned solely by the
owner of such property shall not be considered underground facilities
at any location. A structure that transports only stormwater drainage
under roadways, driveways, or railways shall not be considered an
underground facility.
WORKING DAY
Every day, except Saturday, Sunday or a legally declared
State or Federal holiday.