§87-101. (Repealed effective October 1, 2014 - see note) Definitions

As used in this Article:

(1)        "Association" means an association, sponsored by utility owners, that provides for receipt of notification of excavation operations and surveyor operations in a defined geographical area, and that maintains the records of the notifications.

(2)        "Damage" includes the substantial weakening of structural or lateral support of an underground utility, penetration or destruction of protective coating, housing, or other protective device of an underground utility, and the partial or complete severance of an underground utility.

(3)        "Excavate" or "excavation" means an operation for the purpose of the movement or removal of earth, rock, or other materials in or on the ground by use of equipment operated by means of mechanical power and/or an operation by which a structure or mass of material is wrecked, razed, moved, or removed by means of any tools, equipment, or discharge of explosives. This term includes road construction but does not include road maintenance activities within rights-of-way of a highway, including those maintenance activities defined by the rules and regulations of the North Carolina Department of Transportation.

(4)        "Highway" has the meaning set out in G.S. 20-4.01 as the same shall be amended from time to time.

(5)        "Location of underground utilities" means a strip of land not wider than the width of the underground utility plus two and one-half (2½) feet on either side of the underground utility.

(6)        "Person" means a corporation, individual, copartnership, company, association, or any combination of individuals or organizations doing business as a unit, any subdivision or instrumentality of the State, and includes any officer, agent, trustee, receiver, assignee, lessee, or personal representative of any of the above entities.

(7)        "Person financially responsible" means that person who ultimately receives the benefits of any completed excavation activities, including a person owning or leasing real property or holding an easement or interest in an easement.

(8)        "Public spaces" means any area owned by the State or any of its political subdivisions or dedicated for public use.

(9)        "Road construction" means the actual building of a new highway; or the paving, grading, widening, relocation, reconstruction, or other major improvement of a substantial portion of an existing highway.

(10)      "Road maintenance" means preservation, including repairs and resurfacing of a highway, not amounting to road construction.

(10a)    "Small water or wastewater utility owner" means any person who owns or operates any underground line, system, or facility that is used for producing, storing, conveying, transmitting, or distributing water under pressure or sanitary sewage and that serves 100 or fewer service connections.

(11)      "Street" has the meaning set out in G.S. 20-4.01 as the same shall be amended from time to time.

(11a)    "Surveyor" means a person who is responsible for surveying underground utilities or requires a general description and location of existing underground utilities in an area, and who has been retained by an engineer, architect, or property owner.

(12)      "Underground utility" means any underground line, system or facility used for producing, storing, conveying, transmitting, or distributing communication or telecommunication, electricity, gas, petroleum and petroleum products, coal slurry, hazardous liquids, water under pressure, steam, or sanitary sewage, but not including traffic signal control cables and vehicle detection cables of the North Carolina Department of Transportation.

(13)      "Utility owner" means any person who owns or operates an underground utility.

(14)      "Work day" means every day except Saturday, Sunday, national legal holidays and State legal holidays.

(1985, c. 785, s. 1; 2013-142, s. 1; 2013-407, s. 1.)