Texas 811 - Call Before You Dig.

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1. Is it true that "Call Before You Dig" is a state law?


2. Does the Texas Railroad Commission also have a regulation that affects "Call before You Dig"?


3. Are all utilities required to be part of the One-Call system?


4. How would I know to call utilities that are not part of the One-Call system?


5. What constitutes an emergency locate under Texas law?


6. Is Texas811 the only call center operating in Texas? If not, would I have to call each call center separately?


7. Can we turn in locate request tickets by e-mail?


8. Can the notification center use X,Y coordinates, latitude/longitude and GPS readings to locate an excavation site?


9. What is "GeoRemote"?


10. Is it the law that we have to call updates in every 14 days?


11. What is considered a violation of the state law?


12. What is the definition of a damage?


13. May a general contractor call in locates for a subcontractor?


14. What do the paint marks or flags mean?


15. What is 811?


16. I've called 1-800-DIG-TESS before - will 811 replace this service?


17. Will the utility companies mark underground facilities on private property?


18. How can I learn more about utility damage prevention and the associated laws and regulations?


Question 1:
Is it true that "Call Before You Dig" is a state law?

Answer:
Yes - Texas Utilities Code Title 5 Chapter 251 UNDERGROUND FACILITY DAMAGE PREVENTION AND SAFETY was passed in 1998 and is the primary law that applies to all utilities except waterwastewater and applies to most excavators. This State law can be accessed at: http://tlo2.tlc.state.tx.us/statutes/ut.toc.htm

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Question 2:
Does the Texas Railroad Commission also have a regulation that affects "Call before You Dig"?

Answer:
YES - Effective September 1, 2007, Texas Administrative Code Title 16 Part 1 Chapter 18 UNDERGROUND PIPELINE DAMAGE PREVENTION is specific to any excavation done in the vicinity of an intrastate gas pipeline. This Rule is enforced by the Texas railroad Commission and can be accessed at: http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=4&ti=16&pt=1&ch=18&rl=Y

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Question 3:
Are all utilities required to be part of the One-Call system?

Answer:
No - Water, wastewater, and slurry are not required to participate in One-Call but many do so voluntarily. There are a significant number of water/wastewater utility operators that are members of DIG-TESS and recieve notification of your intent to excavate. It is our goal to achieve a true 'One-Call' system in the State of Texas for the benefit of all utility damage prevention stakeholders. As such, it is part of our industry outreach program to heighten the awareness of water/wastewater utility operators to the many benfits of protecting their lines from damage by participating in the One-Call system.

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Question 4:
How would I know to call utilities that are not part of the One-Call system?

Answer:
When an excavator calls the Texas811 Center they will hear a recording which informs the caller that water/wastewater operators in the area to be excavated may have to be contacted separately. When the locate ticket is submitted, the Texas811 customer service representative will tell the caller which utilities will be notified. If you are aware of the water/wastewater utility serving that area and they are not on the notification list, you will need to take steps to contact them directly.

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Question 5:
What constitutes an emergency locate under Texas law?

Answer:
Texas damage prevention law Sec. 251.155. EXCEPTION IN CASE OF EMERGENCY. (a) Section 251.151 does not apply to an emergency excavation that is necessary to respond to a situation that endangers life, health, or property or a situation in which the public need for uninterrupted service and immediate reestablishment of service if service is interrupted compels immediate action. (b) The excavator may begin emergency excavation under Subsection (a) immediately and shall take reasonable precautions to protect underground facilities. (c) When an emergency exists, the excavator shall notify a notification center as promptly as reasonably possible.

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Question 6:
Is Texas811 the only call center operating in Texas? If not, would I have to call each call center separately?

Answer:
While Texas811 is the only call center that actually resides in Texas, there are two other call centers that take locate requests in our state. All three call centers participate in a ticket sharing system so that all Class A utilities are notified. Here is how it works. The notification center first receiving the Call transmits the locate request to its members and to any other notification centers operating in the area. The first center has two hours in which to do this. The next center(s) also have up to two hours to transmit the message to their members. If an excavator requests it, a list of all facility owners notified by all notification centers will be faxed to the excavator.

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Question 7:
Can we turn in locate request tickets by e-mail?

Answer:
Yes! The "eLOCATE" system is very popular with excavators that submit requests for utility locates on a frequent basis.

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Question 8:
Can the notification center use X,Y coordinates, latitude/longitude and GPS readings to locate an excavation site?

Answer:
Yes - the Texas811 Center operators are able to use the latitude and longitude of your work location to determine the work area and notify our members. You will still need provide driving directions or an address so that the utility locators can find the location.

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Question 9:
What is "GeoRemote"?

Answer:
GeoRemote is a web based interface that allows the excavator to submit a locate request into GeoCall from their own offices. GeoRemote is the most efficient way to request utility locates since it allows the requester to select the precise area to be excavated from the grid map. The excavator can complete the request without any interaction with a Texas811 customer service representative and recieve the confirmation number and utilities that will be notified immediately. If you would like more information about GeoRemote please contact The Remote Applications Department.

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Question 10:
Is it the law that we have to call updates in every 14 days?

Answer:
Utilities Code Title 5 Chapter 251 Sec. 251.151. DUTY OF AN EXCAVATOR (a) states that a locate request should be submitted ?not earlier than the 14th day before the date the excavation is to begin?. The law does not address or require updates every 14 days thereafter. TAC Title 16 Part 1 Chapter 18 applies to any excavation in the vicinity of a gas pipeline: RULE ?18.6 GENERAL MARKING REQUIREMENTS (b) Markings shall be valid for an excavation site for 14 days from the time a positive response is given, unless the markings were placed in response to an emergency and the emergency condition has ceased to exist. If a line locate ticket has been refreshed pursuant to ?18.3(e) of this title, relating to Excavator Notice to Notification Center, then the operator shall either ensure that markings are still visible and valid or shall re-mark. RULE ?18.3 EXCAVATOR NOTICE TO NOTIFICATION CENTER (e) If an excavation project is not completed at the time a line locate ticket expires, the excavator shall refresh the ticket by giving the notice described in subsection (a) of this section. A request to refresh shall be limited to the area yet to be excavated.

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Question 11:
What is considered a violation of the state law?

Answer:
Utilities Code Title 5 Sec. 251.201. CIVIL PENALTY OR WARNING LETTER. (a) An excavator that violates Section 251.151, 251.152, or 251.159 Sec. 251.151. DUTY OF AN EXCAVATOR. (a) Except as provided by Sections 251.155 and 251.156, a person who intends to excavate shall notify a notification center not earlier than the 14th day before the date the excavation is to begin or later than the 48th hour before the time the excavation is to begin, excluding Saturdays, Sundays, and legal holidays. (b) Notwithstanding Subsection (a), if an excavator makes a Saturday notification, the excavator may begin the excavation the following Tuesday at 11:59 a.m. unless the intervening Monday is a holiday. If the intervening Monday is a holiday, the excavator may begin the excavation the following Wednesday at 11:59 a.m. (c) To have a representative present during the excavation, the operator shall contact the excavator and advise the excavator of the operator's intent to be present during excavation and confirm the start time of the excavation. If the excavator wants to change the start time, the excavator shall notify the operator to set a mutually agreed?to time to begin the excavation. Sec. 251.152. INFORMATION INCLUDED IN NOTICE. The excavator shall include in the notice required under Section 251.151: (1) the name of the person serving the notice; (2) the location of the proposed area of excavation, including: (A) the street address, if available, and the location of the excavation at the street address; or (B) if there is no street address, an accurate description of the excavation area using any available designations such as the closest street, road, or intersection; (3) the name, address, and telephone number of the excavator or the excavator's company; (4) the excavator's field telephone number, if one is available; (5) the starting date and time and the anticipated completion date of excavation; and (6) a statement as to whether explosives will be used. Sec. 251.159. EXCAVATION DAMAGE. (a) If an excavation operation results in damage to an underground facility, the excavator shall immediately contact the underground facility operator to report the damage. (b) If the excavator is not certain of the operator's identity, the excavator shall contact a notification center to report the damage, and the notification center shall immediately notify all other affected notification centers. Immediately on receiving notification, each notification center shall contact each member operator that has underground facilities in or near the area in which the damage occurred. (c) Only the operator or a person authorized by the operator may perform repairs, and the repairs must be made in an expeditious manner. (d) An excavator shall delay backfilling in the immediate area of the damage until the damage is reported to the operator and a repair schedule is mutually agreed to by the excavator and the operator. (e) If damage endangers life, health, or property because of the presence of flammable material, the excavator shall keep sources of ignition away.

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Question 12:
What is the definition of a damage?

Answer:
Utilities Code Title 5 Sec. 251.002. Damage" means: (A) the defacing, scraping, displacement, penetration, destruction, or partial or complete severance of an underground facility or of any protective coating, housing, or other protective device of an underground facility; (B) the weakening of structural or lateral support of an underground facility; or (C) the failure to properly replace the backfill covering an underground facility.

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Question 13:
May a general contractor call in locates for a subcontractor?

Answer:
Utilities Code Title 5 Sec. 251.002 Excavator" means a person that excavates or intends to excavate in this state. Utilities Code Title 5 Sec. 251.152. INFORMATION INCLUDED IN NOTICE. The excavator shall include in the notice required under Section 251.151: (1) the name of the person serving the notice; (2) the location of the proposed area of excavation, including: (A) the street address, if available, and the location of the excavation at the street address; or (B) if there is no street address, an accurate description of the excavation area using any available designations such as the closest street, road, or intersection; (3) the name, address, and telephone number of the excavator or the excavator's company; (4) the excavator's field telephone number, if one is available; (5) a telephone facsimile number, email address, or another electronic number or address approved by the board to which an operator may send the notification required by Section 251.157(d); (6) the starting date and time and the anticipated completion date of excavation; and (7) a statement as to whether explosives will be used.

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Question 14:
What do the paint marks or flags mean?

Answer:
APWA Color Code White = Purposed Excavation Pink = Temporary Survey Markings Red = Electric Yellow = Gas, Oil or Steam Orange = Communications Blue = Water Green = Sewers, Drains or Wastewater Purple = Reclaimed Water or Slurry Lines Utilities Code Title 5 Sec. 251.157. (b) An operator shall refer to the American Public Works Association color coding standards when marking.

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Question 15:
What is 811?

Answer:
811 is a new national number assigned by the FCC for use in contacting your local One Call Center. The effective date of this number is April 13th 2007. The purpose is to provide an easily remembered number for accessing the One Call System.

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Question 16:
I've called 1-800-DIG-TESS before - will 811 replace this service?

Answer:
811 will not replace 1-800-DIG-TESS. The One Call process will remain the same and continue to notify your local affected utility companies, who will continue to mark your underground lines for free. With more than 62 local one call numbers across the country, 811 eliminates the confusion of multiple "Call Before You Dig" numbers by providing one national number you can call to get your lines marked. 811 is merely a different way of accessing the One Call Centers.

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Question 17:
Will the utility companies mark underground facilities on private property?

Answer:
Utility operators will mark the underground facilities that they own and operate up to the point of delivery to the consumer. For example a gas meter or electric meter is considered the point of delivery. Any piping or cable that is beyond the point of delivery is the responsibility of that property owner.

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Question 18:
How can I learn more about utility damage prevention and the associated laws and regulations?

Answer:
Texas811  provides free safety meetings which cover Chapter 251 and Chapter 18 as well as industry accepted safe excavation practices. Contact Doug Meeks, JimBob Sims, or Jaime Medina to schedule a safety meeting for your employees.

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Texas Excavation Safety System, Inc.
11880 Greenville Avenue, Suite 120
Dallas, Texas 75243-3568
(972) 231-5497

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