46th legislature - STATE OF NEW MEXICO - first session, 2003
RELATING TO UTILITIES; CREATING ADDITIONAL CONDITIONS FOR AN EXCAVATION REQUEST.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 62-14-3 NMSA 1978 (being Laws 1973, Chapter 252, Section 3, as amended) is amended to read:
"62-14-3. EXCAVATION.--
[Every] A. A person who prepares engineering plans
for excavation or who engages in excavation shall:
[A.] (1) determine the location of any
underground facility in or near the area where the excavation
is to be conducted [including a] and request [to] the owner or
operator of the underground facility to locate and mark the
underground facility pursuant to Section 62-14-5 NMSA 1978 if:
(a) excavation is scheduled to commence within ten working days of the initial locate request;
(b) the locate request clearly identifies the proposed excavation area; and
(c) the locate request is limited to the specific area in which the requester intends to excavate;
[B.] (2) plan the excavation to avoid or
minimize interference or damage to underground facilities in or
near the excavation area;
[C.] (3) provide telephonic advance notice of
the commencement, extent and duration of the excavation work to
the one-call notification system operating in the intended
excavation area, or the owners or operators of any existing
underground facility in and near the excavation area that are
not members of the local one-call notification center, in order
to allow the owners to locate and mark the location of the
underground facility as described in Section 62-14-5 NMSA 1978
prior to the commencement of work in the excavation area and
shall request reaffirmation of line location every ten working
days after the initial locate request;
[D.] (4) prior to initial exposure of the
underground facility, maintain at least an estimated clearance
of eighteen inches between existing underground facilities for
which the owners or operators have previously identified the
location and the cutting edge or point of any mechanical
excavating equipment utilized in the excavation and continue
excavation in a manner necessary to prevent damage;
[E.] (5) provide such support for existing
underground facilities in or near the excavation area necessary
to prevent damage to them;
[F.] (6) backfill all excavations in a manner
and with materials as may be necessary to prevent damage to and
provide reliable support during and following backfilling
activities for preexisting underground facilities in or near
the excavation area;
[G.] (7) immediately notify by telephone the
owner of any underground facilities [which] that may have been
damaged or dislocated during the excavation work; and
[H.] (8) not move or obliterate markings made
pursuant to Chapter 62, Article 14 NMSA 1978 or fabricate
markings in an unmarked location for the purpose of concealing
or avoiding liability for a violation of or noncompliance with
the provisions of Chapter 62, Article 14 NMSA 1978.
B. A person who prepares engineering plans for excavation or who engages in excavation and who willfully fails to comply with Paragraph (1) of Subsection A of this section shall be liable to the owners or operators of underground facilities for the cost of the facility owner or operator locating and marking the underground facility, not to exceed two thousand five hundred dollars ($2,500)."
Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.