55-2208. DAMAGE TO UNDERGROUND FACILITIES — DUTIES OF EXCAVATOR AND OWNER — REPORTING OF DATA. (1) An excavator who, in the course of excavation, contacts or damages an underground facility shall notify the underground facility owner and the one-number notification service. If the damage causes an emergency condition or an actual breach of an underground facility that releases gas or hazardous liquids into the surrounding environment, the excavator causing the damage shall also alert the appropriate local public safety agencies by, at a minimum, calling 911, and take all appropriate steps to ensure the public safety. No damaged underground facility may be buried until it is repaired or relocated.

(2) The owner of the underground facilities damaged shall arrange for repairs or relocation as soon as is practical or may permit the excavator to do necessary repairs or relocation at a mutually acceptable price.

(3) Any party responsible for damages to an underground facility shall be liable for the cost of repairs.

(4) The board shall adopt by rule a procedure for the processing of claims related to damages to underground facilities.

(5) Underground facility owners who observe or suffer damage to an underground facility and excavators who observe or suffer excavator downtime related to a failure of one (1) or more stakeholders to comply with applicable damage prevention regulations shall report such information to the board in accordance with the rules promulgated by the board. Reporting of such data does not constitute a complaint provided for in section 55-2211, Idaho Code.

History:

[(55-2208) 55-2206, added 1990, ch. 351, sec. 1, p. 943; am. 2002, ch. 351, sec. 2, p. 1003; am. and redesig. 2016, ch. 325, sec. 8, p. 901; am. 2019, ch. 182, sec. 3, p. 589.]