8002 Rules to Establish an Excavation Damage Prevention Program - 3.0 Duties of Operators

3.1Operators shall comply with the requirements of 26 Del.C. §803. Operators of underground pipeline facilities shall also comply with the requirements of 26 Del.C. §804.#

3.2When providing notice of excavation damage to the Commission pursuant to 26 Del.C. §803(9) and (10), operators must complete the Commission's "Underground Facility Damage Report," which can be accessed via the Commission's website at this address: https://depsc.delaware.gov/underground-facility-damage-report/. Operators may provide photographic evidence by email to DOSPSC_DAMAGES@delaware.gov.#

3.3Operators of utility lines shall comply with the requirements of 26 Del.C. §803(9) by providing notice to the Commission within 15 working days, or as soon as practicable thereafter if notification cannot be provided within 15 working days, of any excavation damage to utility lines which results in damage as defined in 26 Del.C. §802(2)c exceeding $3,000. An operator's uncertainty regarding whether the damage exceeds $3,000 will not justify a delay in notification beyond 15 working days. If, after reporting excavation damage an operator determines that the damage did not exceed $3,000, the operator may notify staff with an updated accounting of the actual damages. After receiving such notice, staff will not consider the damage to be reportable and will not consider such damage when evaluating whether multiple, similar violations by a respondent warrant the issuance of an NOPV.#

3.4Operators of underground pipeline facilities shall comply with the requirements of 26 Del.C. §803(10) by providing notice to the Commission as soon as practicable of any facilities damage caused by excavation which results in damage as defined in 26 Del.C. §802(2) to gas distribution and transmission lines; oil and petroleum products distribution and transmission lines; or dangerous materials, product lines or steam lines.#