(A) The excavator performing an excavation or demolition that results in any damage to a facility must, immediately upon discovery of such damage, notify the notification center and the facility operator, if known, of the location and nature of the damage. The excavator must allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of such facility. The excavator shall delay any backfilling in the immediate area of the damaged facility until authorized by the operator. The repair of any damage shall be performed by the operator or by qualified personnel authorized by the operator.
(B) An excavator responsible for any excavation or demolition that results in damage to a facility where damage results in the escape of any flammable, toxic, or corrosive gas or liquid, or electricity, or endangers life, health, or property, immediately shall notify emergency services, including 911, the notification center and the operator, if known. The excavator must take reasonable measures to protect themselves, those in immediate danger, the general public, property, and the environment until the operator or emergency responders have arrived and completed their assessment.
HISTORY: 2011 Act No. 48, Section 1, eff June 7, 2012.
Structure South Carolina Code of Laws
Title 58 - Public Utilities, Services and Carriers
Chapter 36 - Underground Facility Damage Prevention Act
Section 58-36-10. Short title.
Section 58-36-20. Definitions.
Section 58-36-30. Ordinances superseded and preempted; effect of permit on liability.
Section 58-36-40. Costs or expenses of compliance; liability for damage or injury.
Section 58-36-70. Information to be supplied by operators.
Section 58-36-90. Notice of damages.
Section 58-36-100. Design requests; operator response.
Section 58-36-110. Exemption from notice requirements.
Section 58-36-120. Penalties; actions; effect on civil remedies.