Georgia Code
Chapter 9 - Blasting or Excavating Near Underground Facilities
§ 25-9-7. Determining Whether Underground Facilities Are Present; Information to Upc; Noncompliance; Future Underground Facilities; Abandoned Underground Facilities

History. Ga. L. 1969, p. 50, § 6; Ga. L. 1975, p. 417, § 4; Code 1981, § 25-9-6 ; Ga. L. 1986, p. 1069, § 1; Ga. L. 1990, p. 805, § 1; Ga. L. 2000, p. 780, § 1; Ga. L. 2005, p. 1142, § 6/SB 274; Ga. L. 2014, p. 652, § 4/SB 117; Ga. L. 2022, p. 325, § 1/HB 1372.
The 2014 amendment, effective July 1, 2014, deleted “after the business day” following “business day” throughout this Code section; in the second sentence of subsection (f), inserted “strictly” and added “and any associated downtime” at the end; substituted “designate” for “locate and mark” in the third sentence of subsection (h); and substituted the present provisions of subsection (j) for the former provisions, which read: “By January 1, 2006, the advisory committee shall propose to the Public Service Commission rules and processes specific to the locating of large projects. These rules shall include, but shall not be limited to, the establishment of detailed processes. Such rules may also include changes in the time period allowed for a facility owner or operator to comply with the provisions of this chapter and to the time period for which designations are valid. The commission shall promulgate rules addressing this subsection no later than June 1, 2006.”
The 2022 amendment, effective September 1, 2022, substituted “underground” for “utility” throughout this Code section; in paragraph (a)(1), substituted “Prior to 7:00 A.M. on the effective date,” for “Within 48 hours beginning the next business day following receipt by the UPC of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days,” at the beginning of the first sentence and inserted “such” in the second sentence; substituted “blasting or excavating” for “excavating or blasting” in the first sentences of paragraphs (a)(1) and (b)(1), and in the second sentence in subsection (e); substituted “commission” for “Public Service Commission” at the end of paragraph (a)(2) and in subsection (j); substituted “pursuant to the time frame set out in paragraph (1) of this subsection” for “within 48 hours” in paragraph (a)(3); in paragraph (b)(1), substituted “Prior to 7:00 A.M. on the effective date indicated in a locate request submitted in accordance with Code Section 25-9-6,” for “Within 48 hours beginning the next business day following receipt by the UPC of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days,” at the beginning, and “whether sewer” for “whether or not sewer”; substituted “Such” for “This” at the beginning of the second sentence in the introductory language of paragraph (b)(2); substituted “submitted” for “filed” in subparagraph (b)(2)(B); in subsection (c), substituted “provide such” for “provide this” in the first sentence and “information” for “notice” and “business day prior to the effective date of the locate request submitted” for “second business day following receipt by the UPC of actual notice filed” in the second sentence; in subsection (d), substituted “circumstances, such” for “circumstances, the” in the first sentence and added the second sentence; substituted “such second” for “this additional” and “that submitted the locate request” for “providing notice” in the second sentence in subsection (e); substituted “underground sewer” for “sewer utility” in the second sentence in subsection (g); and substituted “the notice period of the locate request submitted” for “48 hours beginning the next business day following receipt by the UPC of the locate request filed” in the first sentence of paragraph (k)(1).
Editor’s notes.
This Code section formerly provided for treatment to be given gas pipes and facilities by persons undertaking blasting or excavating. Ga. L. 1986, p. 1069, § 1 in effect renumbered the former Code section as Code Section 25-9-8.
Ga. L. 1986, p. 1069, § 1 in effect renumbered former Code Section 25-9-6 as this Code section.

Structure Georgia Code

Georgia Code

Title 25 - Fire Protection and Safety

Chapter 9 - Blasting or Excavating Near Underground Facilities

§ 25-9-1. Short Title

§ 25-9-2. Purpose of Chapter

§ 25-9-3. Definitions

§ 25-9-4. Design Locate Request and Response

§ 25-9-5. Cooperation With Upc; Permanent Markers for Water and Sewer Facilities; Accurate Placement; Point of Contact List

§ 25-9-6. Prerequisites to Blasting or Excavating; Marking of Sites

§ 25-9-7. Determining Whether Underground Facilities Are Present; Information to Upc; Noncompliance; Future Underground Facilities; Abandoned Underground Facilities

§ 25-9-8. Treatment of Underground Facilities by Blasters and Excavators; Emergency Notifications

§ 25-9-9. Degree of Accuracy Required in Underground Facility Location Information; Effect of Inaccurate Information on Liability of Blaster or Excavator; Liability of Facility Owners for Losses Resulting From Lack of Accurate Information

§ 25-9-10. Effect of Chapter Upon Rights, Titles, Powers, or Interests of Facility Owners or Operators

§ 25-9-10.1. Cooperation With the Department of Transportation

§ 25-9-11. Effect of Chapter Upon Rights, Powers, etc., of State, Counties, or Municipalities Concerning Facilities Located on Public Road or Street Rights of Way

§ 25-9-11.1. Local Governing Authorities Prohibited From Enforcing Ordinances or Resolutions Imposing Fines for Violations of Certain Marking or Location Requirements

§ 25-9-12. Notice Requirements for Emergency Excavations

§ 25-9-13. Appropriate Notice Required

§ 25-9-14. Liability; Bonds; Enforcement; Advisory Committee; Civil Penalties; Settlement Recommendations