Part I. General Provisions
20VAC5-309-10. Purpose.
These rules delineate procedures used by the State Corporation Commission (commission) to enforce the provisions of Chapter 10.3 (§ 56-265.14 et seq.) of Title 56 of the Code of Virginia, also known as the Underground Utility Damage Prevention Act (Act). The rules further detail certain standards and requirements for the protection of underground utility lines to facilitate the commission's enforcement of the Act.
Statutory Authority
§§ 12.1-13 and 56-265.30 of the Code of Virginia.
Historical Notes
Derived from Case No. PUE940071 § 1, eff. December 30, 1994; amended, Virginia Register Volume 17, Issue 9, eff. July 1, 2001, and Volume 17, Issue 18, eff. July 1, 2001.
20VAC5-309-15. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Act" means the Underground Utility Damage Prevention Act (Chapter 10.3 (§ 56-265.14 et seq.) of Title 56 of the Code of Virginia).
"Clear evidence" as used in § 56-265.24 C of the Code of Virginia shall include visual evidence of an unmarked utility line, knowledge of the presence of a utility line, or faded marks from previous marking of a utility line.
"Division" means the State Corporation Commission's Division of Utility and Railroad Safety.
"GPS" means global positioning system.
"Installation records of a utility line" means maps, drawings, diagrams, sketches, or any other depictions or descriptions of an underground utility line that reflect the location at the time of installation in a reasonably accurate manner.
"Locate" or "marking" means an operator's or an operator's contract locator's markings of an underground utility line.
"Parcel" means land description that records the boundaries of property, including the entire property without regards to easements.
"Person" means any individual, operator, firm, joint venture, partnership, corporation, association, municipality, or other political subdivision, governmental unit, department, or agency and includes any trustee, receiver, assignee, or personal representative thereof.
"Serious impact on public health" means any condition involving a water or sewer utility line that creates, or may create, a danger to the health and well-being of the public.
Statutory Authority
§§ 12.1-13 and 56-265.30 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 17, Issue 9, eff. July 1, 2001; amended, Virginia Register Volume 17, Issue 18, eff. July 1, 2001; Volume 20, Issue 15, eff. March 12, 2004; Volume 29, Issue 4, eff. October 1, 2012; Volume 40, Issue 16, eff. April 1, 2024.