Section 761. One-call notification systems

1. Participation. Every operator
  shall  participate  in  and  be  responsible for the administration of a
  one-call notification system. Any other persons interested in protection
  of underground facilities may also participate in the system.
    2. Duties. The system shall:
    a.  Receive  notices  from  excavators  of  proposed  excavation   and
  demolition  activities  and  transmit  the information contained in such
  notices to every member that operates an  underground  facility  in  the
  area of the proposed activities;
    b.  Establish  operating  procedures,  the  technology  needed for the
  system, a toll-free telephone number  that  operates  on  a  twenty-four
  hour,  seven  days a week basis, a notification process and a method for
  assessing costs;
    c.  Maintain  adequate  records  to  document  compliance   with   the
  requirements of this article, including records of notices, which can be
  obtained upon request of any person;
    d.  Provide  local  governing  bodies with the telephone number of the
  system and a sample or model notice informing operators  and  excavators
  of  the  system  and  their  responsibilities  relating to protection of
  underground  facilities;  cooperate  with  local  governing  bodies   to
  encourage  their participation in the system to assure that when permits
  involving excavation and demolition are issued, excavators and operators
  receive information about the system  and  about  their  obligations  to
  protect underground facilities;
    * e.  Conduct  a  customer education program that includes publicizing
  the purpose of the one-call system and its programs, and the obligations
  of excavators and operators to protect underground facilities;
    * NB Effective until October 1, 2010
    * e. Conduct a customer education program  that  includes  publicizing
  the purpose of the one-call system and its programs, and the obligations
  of excavators and operators to protect underground facilities; and
    * NB Effective October 1, 2010
    * f.  Provide  services  and  programs  applicable in all areas of the
  state in which underground facilities are located; and
    * NB Effective until October 1, 2010
    * f. Provide services and programs applicable  in  all  areas  of  the
  state in which underground facilities are located.
    * NB Effective October 1, 2010
    * g.  Conduct  programs to provide training and education to operators
  and excavators on the requirements  and  procedures  for  protection  of
  underground facilities.
    * NB Repealed October 1, 2010
    3.  Costs.  The  costs  of  operating  the system shall be apportioned
  equitably among the  members  of  the  system,  with  the  exception  of
  municipalities  and  authorities that operate underground facilities and
  any operator of underground facilities that provides  water  service  to
  less  than  four  thousand  customers.  In  apportioning such costs, the
  system shall take into  account  the  number  of  customers,  extent  of
  underground facilities and frequency of use.
    4.  Consumer  education  programs. Each operator of an underground gas
  pipeline or  hazardous  liquid  petroleum  facility  shall  on  its  own
  initiative,  or  through  a  one-call  identification  system, conduct a
  program to educate the public on the possible  hazards  associated  with
  damage  to  facilities  and on the importance of reporting gas odors and
  leaks. The system  may  develop  materials  suitable  for  use  in  such
  programs.