48:2-78. Appropriate waiver conditions
6. The board may grant a waiver from the requirements of section 8 of this act for such reasons as it deems appropriate. The board shall have sole jurisdiction and authority for reviewing and granting or denying any waiver requested pursuant to this section. However, a waiver shall be deemed appropriate in those instances when an operator demonstrates that:
a. Damage to the underground facilities owned, operated, or controlled by the operator would pose no threat to the public safety; or
b. There is no possibility that an underground facility owned, operated or controlled by the operator will be damaged by excavating activities.
An operator who has requested a waiver pursuant to this section shall participate in the One-Call Damage Prevention System while the request is being considered by the board.
L.1994,c.118,s.6.
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