Always remember that contacting 811 is only the first step in protecting you and underground facilities. Frequent communication between an excavator and facility operator as well as continued cooperation between all parties is an essential part of the entire process of conducting a safe and successful excavation.
Engineering locate policy
An engineering request is intended for persons designing excavation who require general information as to the description and location of existing underground facilities in the area of proposed excavation. They are never to be used for excavating activities.
Locate requests for excavation purposes take precedence over engineering requests.
Upon receipt of an engineering locate request, our locators will provide general information to the requestor by:
- Marking and sketching all utility mains in the designated area within two weeks of request date, unless otherwise arranged by the requestor.
- Request a FIMS map.
Excavating civil penalties
The increasing volume of damage resulting from a failure to obtain locates has forced us to enforce civil penalties as spelled out in the Excavation Statute, C.R.S. 9-1.5-101 et seq as a means to protect our citizen-owners.
The Excavation Statute was enacted to create a one-call network in Colorado - COLORADO 811. The free location service is designed to help excavators prevent injuries and damage to underground facilities. The one-call notification system is user friendly and simply requires three business days notice prior to the start of any excavation. COLORADO 811 then notifies the facility owner of the request and the owner marks their facilities.
Under certain delineated circumstances the facility owner can pursue an award of civil penalties against an excavator who fails to operate in accordance with the statute. These situations include:
- Failing to call COLORADO 811 and request a locate ticket.
- Excavating outside the original reported dig area.
- Excavating prior to the ticket locate date.
- Excavating on another excavator's requested locates.
- Excavating more than 30 days after the locate date.
The civil penalties can be significant, including court costs and reasonable attorney fees.
We pursue an award of civil penalties when a failure to follow the statutory requirements results in damages to our facilities. Our motivation is the minimization of damages to facilities and injury to persons. Although we recognize that the possibility of a civil penalty assessment can motivate compliance, we also believe that a better understanding of the purpose and requirements of the Excavation Statute can also help to minimize damages and injury. For first violations, we will generally offer excavators an opportunity to pay $1,000 in lieu of a civil penalty, provided the excavator also completes our “Call Before You Dig” training program. Otherwise first-time violators are subject to a $5,000 civil penalty, plus court costs and attorney fees.
For more information, email communityrelations@maitung.com.