(a) Compliance with notice requirements of § 14-271-112 is not required for:
(1) The moving of earth that is not on a right-of-way or within an easement of an operator by tools manipulated only by human or animal power;
(2) The moving of earth by an operator that is on a right-of-way or within an easement of the operator by tools only manipulated by human power and exclusively for the purposes of system maintenance and leak detection;
(3) Any agricultural purposes, including any form of cultivation for agricultural purposes, digging for postholes on private property, construction and maintenance of farm ponds, land clearing, or other normal agricultural purposes that are not on a right-of-way of an operator;
(4) The opening of a grave in a cemetery that is not on a right-of-way of an operator; or
(5) Routine road work and general maintenance as performed in the right-of-way by state or county maintenance departments, but excluding any work or maintenance involving any demolition or excavation.
(b)
(1) Compliance with notice requirements of § 14-271-112 is not required of persons responsible for repair or restoration of service, or to ameliorate an imminent danger to life, health, property, or public safety.
(2) However, those persons shall give, as soon as practicable, oral notice of the emergency excavation or demolition to the One Call Center and request emergency assistance from the One Call Center in locating and providing immediate protection to its underground facilities.
(3) An imminent danger to life, health, property, or public safety exists whenever there is a substantial likelihood that loss of life, health, or property will result before the procedures under § 14-271-112 can be fully complied with.
Structure Arkansas Code
Subtitle 16 - Public Health And Welfare Generally
Chapter 271 - Underground Facilities Damage Prevention
§ 14-271-104. Penalties — Civil remedies
§ 14-271-106. Permittees to comply
§ 14-271-107. Membership in One Call Center
§ 14-271-108. Notice to One Call Center — Changes — Files
§ 14-271-109. Notice to One Call Center — Exceptions
§ 14-271-110. Notifying operators of underground facilities — Identification of location
§ 14-271-111. Color code for marking facility and excavation or demolition locations
§ 14-271-112. Notice of intent to excavate or demolish
§ 14-271-113. Notice of damage required — Exception