ONE-CALL
OF
WYOMING
Excavator’s Handbook

www.onecallofwyoming.com
811
1-800-849-2476

CONTENTS
Regular Business Hours and Holidays
Who And When To Call 811
Routine Utility Locate Requests
Survey Requests
Emergency Locate Requests
Marking Dig Area And Facilities
How To Make A Routine Locate Request
Web Tickets
Information Required For a Locate Request
Excavator Responsibilities
Damage Report by Excavator
Best Practices For Exposing Facilities
Facility Operator Responsibilities
Damage Report by Facility Operator
Depth of Facilities
Recognizing and Responding To Emergencies:
Natural Gas/Petroleum
Electricity
Water/Sewer
Fiber/Communications
Best Practices and Procedures by OCW
Wyoming State Law
OSHA Regulations
Federal Law

REGULAR BUSINESS HOURS & HOLIDAYS

One-Call of Wyoming handles locate requests twenty–four (24) hours a day, three hundred sixty-five (365) days a year. If a holiday falls on a Saturday, Friday is the observed holiday. If a holiday falls on a Sunday, Monday is the observed holiday.

The following holidays are not considered “Business Days” when determining the legal day and time an excavation may begin.

New Year’s Day

Martin L. King Day

Presidents’ Day

Memorial Day observed

Independence Day

Labor Day

Columbus Day observed

Veterans’ Day

Thanksgiving Day

Christmas Day

APWA UNIFORM COLOR CODE 

(Uses ANSI Standard Z535.1 Safety Color Code)

WHITE Proposed Excavation 

PINK Temporary/Survey Markings 

RED Electric Power Lines, Cables, Conduit  and Lighting Cables 

YELLOW Gas, Oil, Steam, Petroleum or Gaseous Materials 

ORANGE Communications, Alarm or Signal Lines, Cables or Conduit 

BLUE Potable Water 

PURPLE Reclaimed Water, Irrigation and Slurry  Lines 

GREEN Sewers and Drain Lines 

Revised Edition– November 2022

Please discard and recycle older, out of date versions 

DISCLAIMER
It is important for anyone using One-Call of Wyoming be familiar with Wyoming State Statue 37-12-301-307 known as the Wyoming Underground Facilities Notification Act. This Act created the One-Call system in Wyoming and governs how the Notification Center (One-Call of Wyoming) operates. This Act outlines the requirements of Facility Operators in the state of Wyoming to participate in the One-Call system, and it defines the requirements for anyone making an excavation in the state. The entire statute is included in this booklet. Please take the time to read and understand it.

Excerpts from Federal Law pertaining to the civil penalties that may be assessed for the violation of the Federal One Call Notification System (49USC60122 & 49USC60123) are included in this booklet, as well as excerpts from the OSHA regulations governing underground installations in 1926.651 (b) of the Occupational Safety and Health Administration Labor standards.

Excavation technology and industry practices continue to evolve. The information in this Excavator’s Handbook is provided as guidance, and to help you understand the One Call Law. One-Call of Wyoming was established as a means to protect underground facilities, and assist excavators and utilities operators in complying with Wyoming Statute and to protect the general public as well as the environment. 

Please refer to Common Ground Alliance (CGA) at www.commongroundalliance.com for additional information on damage prevention industry best practices.

Information provided in this Excavator’s Handbook is not intended to change or supersede governing regulations and laws.

WHO and WHEN TO CALL 811

The Wyoming Underground Facilities Notification Act required the creation of a Notification Center, which is required to receive “notice from excavators of planned excavation or other requests for location and transmit this notice to participating operators” (W.S. 37-12-301).

In Wyoming, One-Call of Wyoming’s Notification Center is the communication link between the excavator and the underground facility operator. One-Call of Wyoming provides excavators and the general public with the ability to inform multiple operators of underground facilities of intended excavation in just ONE FREE STEP. 

Before beginning any excavation, the excavator is required by state law to give advance notice to the One-Call of Wyoming Notification Center (W.S. 37-12-302). This can be done on line utilizing the web ticket system at www.onecallofwyoming.com or by dialing 811.

Any person or entity planning an excavation is required to notify the Notification Center (One-Call of Wyoming) even if they own the underground facility being exposed during the excavation.

Only a person with the appropriate level of understanding for the detailed location description and work details should be assigned to make locate requests. Any person or entity planning an excavation is required to notify the Notification Center (One-Call of Wyoming). This includes, but not limited to; professional contractors, underground facility owners/operators, homeowners and personal property owners. 

Before you dig, you must dial 811, One-Call of Wyoming, or submit your locate request at www.onecallofwyoming.com.

It’s FREE and It’s the LAW.  

Notice of intended excavation is to be given at least two (2) full business days, but not more than fourteen (14) business days, prior to beginning the excavation project. (W.S. 37-12-302 (c)).

NOTE: Neither One-Call of Wyoming nor its Notification Center does the actual work of locating any underground facilities. 

Operators are responsible for locating their underground facilities 

(W.S. 37-12-302 (d)).

Please be advised that calling One-Call of Wyoming does not affect or impair local ordinances, charters or other provisions of law requiring permits to be obtained before excavating. 

The Wyoming Underground Facilities Notification Act requires the operators of underground facilities to pay for the operating costs of the Notification Center. Therefore, the services provided by One-Call of Wyoming are FREE of charge to anyone engaged in an excavation. 

ONE-CALL OF WYOMING IS NOT RESPONSIBLE FOR SOME SERVICES. PLEASE 

DO NOT CONTACT ONE-CALL OF WYOMING TO: 

· Report any type of service outage 

· Resolve any type of utility billing problem 

· Report any excavation outside the state of Wyoming 

· Request any type of facility removal or relocation including meter removals prior to demolition of buildings

· Request any service regarding overhead lines  

· Request initiation OR cancellation of any type of utility service

TYPES OF TELEPHONE CALLS AND OTHER ELECTRONIC NOTIFICATIONS HANDLED BY THE NOTIFICATION CENTER 

The center primarily accepts and processes four (4) types of locate requests: 

· Routine Utility Locate Requests 

· Survey Requests for planning purposes 

· Emergency Locate Requests 

· Damage Reports 

ROUTINE UTILITY LOCATE REQUESTS

A routine utility locate request is an advance notice given to operators of planned excavation by the excavator. Wyoming State law requires that excavators give at least two (2) full business days’ notice in advance of the intended excavation (W.S. 37-12-302 (c)). 

MULTIPLE EXCAVATORS ON THE SAME SITE

If multiple contractors or excavators are working on a single site or large project, each excavator/contractor shall request a separate locate ticket. Wyoming Law clearly states in W.S. 37-12-306 (h) (i) “Every excavator shall notify the Notification Center pursuant to W.S. 37-12-302 (c) prior to commencing any excavation activity.” 

Current industry best practices for safe excavation require each excavator have a separate locate ticket for the work site to assure the operator of the affected underground facility is aware of every excavator working on a site. 

REQUEST A TICKET FOR EACH STREET ADDRESS

When requesting the location of buried facilities in an area where excavations will take place on several lots, and each lot has a street address, OCW best practice and policy, as well as state law, requires that excavators/contractor request a separate locate ticket for each lot or site with an individually assigned address, where ground disturbance will occur. 

HOMEOWNERS please be advised and aware, IF YOU are doing the physical digging, this makes YOU the excavator and therefore YOU are responsible for requesting a locate. IF an excavator or contractor, is doing the work THEY are responsible for requesting a locate. Some homeowners insurance will not cover damage claims should a locate request not be made prior to excavation.

SURVEY REQUESTS

Survey requests are for excavation projects that are in the planning stage and for which information on the location of existing facilities is being sought. Anyone needing this information may make a request to the Notification Center who will inform the facility operators of such request (W.S. 37-12-302 (b)). 

EMERGENCY LOCATE REQUESTS

The Notification Center call representatives request the same information for emergency requests as routine requests. The Notification Center call representatives will prepare the request for immediate transmission and will issue a start date equal to the time the emergency excavation is scheduled to begin. Emergency excavations are exempt from the (2) full business day notification time constraints required when making an excavation (W.S. 37-12-302 (e)). 

When calling in an emergency request, inform the Notification Center call representative that an emergency situation exists. Be prepared to verify the situation meets the Wyoming State Statute definition of “emergency” as stated in the next paragraph.

EMERGENCY AS DEFINED BY STATE LAW 

(W.S. 37-12-301) 

(b) (ii) “Emergency” means a sudden, unforeseen occurrence, including a loss of communications, which demands immediate action to protect the health, safety and welfare of the public and to prevent loss of life, health, property or essential public services and advance notice to the Notification Center prior to excavation is impracticable under the circumstances. “Emergency” shall include ruptures and leakage of pipelines, explosions, fires and similar instances where immediate action is necessary to prevent loss of life or significant damage to underground facilities or the environment. 

For false emergency locate incidents, excavators may be fined up to $5000.00 as described within (W.S. 37-12-306) (h) (iii). 

EMERGENCY LOCATE PRIORITY 

Emergency tickets are given top priority. While there is not a required response time within the state law for an emergency locate, facility operators give emergency requests high priority and will respond as soon as practical. Even in an emergency, excavators are responsible for damage to facilities when excavating prior to facilities being marked by facility operators. Excavators must weigh the urgency to excavate versus the potential to damage any unmarked underground facilities. 

MARKING OF DIG AREA AND FACILITIES

In order to ensure facility operators can identify exactly where the proposed excavation will take place, industry best practices recommend the excavator mark the proposed excavation with white marks or white flags to show the location, route and boundary of the work area. In Wyoming, pre-marking/white lining is required by law. Marking guidelines are available in the Guidelines of the American Public Works Association (APWA). Within two (2) full business days after receiving the proposed excavation location, facility operators are required to mark the location of their existing facilities (W.S. 37-12-302 (d)). Location markings are only approximate. The actual facility locations vary up to 24 inches from the marks. If excavation is required within 24 inches horizontally of any mark, the excavation should be performed with extreme care and without damage to facilities. Most facility owners require excavators to use hand tools or hydro/vacuum excavation when in close proximity to buried facilities. Use of hand tools and hydro/vacuum excavation methods to expose buried facilities are considered industry best practices and required by law in Wyoming.  

HOW TO MAKE A ROUTINE UTILITY LOCATE REQUEST

A minimum of two (2) full business days prior to excavating, request a utility locate ticket, electronically by visiting www.onecallofwyoming.com and submitting a web ticket or by contacting the Notification Center by dialing the nationally recognized, easy to remember three digit number, 811 or 1-800-849-2476. The   Notification Center staff is available for free training for both excavators and members on use of the web tools.

WEB TICKETS

On the web site, www.onecallofwyoming.com, click button labeled, Web Ticket Portal. This accesses the form where you will enter the required information to complete the locate request. The web site has internal controls to ensure that the information you enter is accurate and complete. The Notification Center staff is available for free training for both excavators and members on use of the web tools.

Web Tickets are limited. Web Ticket entry cannot be used for emergency locate requests or damage Reports. For emergency locates or damage reports please call the Notification Center by dialing 811 or 1-800-849-2476.

SPECIFIC INFORMATION REQUIRED FOR A LOCATE REQUEST

You will always give the following information to the Notification Center, whether you process a web ticket or by calling:

• Your name, company phone number, your company address, company contact and phone number. 
• Your email address
• Start date, time and duration of excavation.  
• The town or nearest town to the intended excavation. 
• Specific location by legal description or other 

reliable method that allows for current and accurate means of identifying geographic location, this may include street name and number, GPS coordinates, Township, Range, Section.  

Identify the nearest intersecting streets, provide comprehensive driving directions, footages to be marked, work area and scope of project so that work area can be located.

• Type of work
• Depth of excavation
• Activity
• Work being done for
• Description of work site

Again, this will include as much marking instructions, footages and driving directions as possible, so the locators know where to mark and that the correct utilities are notified. It is preferred to use white paint or white flags to indicate the work area. Locators use this ticket information to mark facilities in the area. If the scope of work changes, if the location changes or other changes occur, call the Notification Center and request a new or corrected ticket be issued. Never excavate outside the area that has been described on the locate ticket. Avoid using ticket renewals to make a ticket valid for the duration of a large, lengthy project. Instead, break a large project into smaller tasks or phases that can reasonably be completed in about fourteen (14) business days, and request a separate locate ticket for each phase.

WAIT TWO (2) BUSINESS DAYS

After the excavator provides information to the Notification Center to complete the locate ticket, the excavator is provided with the legal start day and time for the excavation, names of the operators who will be notified, and a confirmation number (ticket number). The ticket number is very important. Excavators should retain this ticket number and reference it on any follow-up calls or correspondence. 

LOCATION REQUEST PROCESS

The one-call process is not complete until the excavator has received a ticket number from One-Call of Wyoming by the electronic web ticketing system, phone.  

OTHER UNDERGROUND FACILITIES 

Excavators are advised there may be other underground facilities in the proposed excavation area that are owned or operated by parties that are not members of One-Call of Wyoming. If an excavator is aware of any facility operators in the area of the proposed excavation who are not members of One-Call of Wyoming, it is recommended the excavator contact the operator and inform them of the proposed excavation.   

EXCAVATOR RESPONSIBILITIES 

(After making the Locate Request) 

NOTE: One-Call of Wyoming operates a Notification Center whose primary responsibility is to convey your locate request to the underground facility operators, members of One-Call of Wyoming, who in turn are responsible for sending out locators to properly mark their facilities in your defined excavation area. The excavator should wait at least the prescribed two (2) business days after notifying the Notification Center (One-Call of Wyoming) of a planned excavation to allow the operators time to respond and mark the location of the underground facilities. If the excavator is aware of underground facilities that have not been marked, the excavator should contact the facility operator directly. Some facility operators will want to be present during the excavation. Excavators shall cooperate with operators to allow for observation of the excavation, on-site work and backfill activities. If, during the course of excavation, a facility has been exposed, it is recommended the excavator work with the operator to ensure the exposed facilities are supported sufficiently to prevent any damage. The excavator also must be certain the facilities have not been contacted or damaged in any capacity, including being pulled or “kinked.” Even damage to the outer coating/sheath/jacket on a buried facility is serious and will lead to future problems. If damage of any kind is discovered, or if a facility has been physically contacted with the excavating equipment, it is the excavator’s responsibility to directly and immediately notify the facility operator and the Notification Center. 

Damage Report – Excavator Responsibility

In case of any contact with, or damage to, any underground facility, the excavator shall immediately notify the facility operator and the Notification Center. Call 911 when needed and as required by law based on the type of utility or underground facility. Notification Center call representatives will assist with filing a Damage Report and will use the ticket notification process to promptly notify facility operators of the continuing work at the damage location based upon information provided at the time of the call. The excavator should cooperate with the facility operator to mitigate damages. The excavator must not conceal damage and must not attempt to repair the damaged facility unless authorized by the facility operator (W.S. 37-12-302 (h)).

Respect the Marks – Excavator Responsibility

Paint markings, flags and other markings are very important to excavators. Excavators should plan their work so as to minimize damage to markings. If an excavation on a single project lasts more than fourteen (14) business days, the excavator shall give notice at least once each succeeding fourteen (14) business day period (W.S. 37-12-302 (c)). When there is concern that the locate marks may be or are destroyed during excavation work, excavators are required to request a remark.

FACILITY OPERATOR RESPONSIBILITIES (After receiving the locate)

After being notified by One-Call of Wyoming of a pending excavation, each underground facility operator with facilities in the excavation area will mark the location of facilities to enable the excavator to easily recognize the location of buried facilities.

Positive Response Requirement – Facility Operator Responsibility 

Facility Operators notified by the Locate Request but not affected by the excavation are still required to provide a response to the request (W.S. 37-12-302 (d)). Facility owners may respond by marking the location appropriately, such as “gas clear” or “no power.” Markings may include the facility owner’s name. Facility owners may respond to the requestor with a phone call, email, on site discussion, through The preferred method is through the FREE electronic positive response reporting feature within the OCW ticketing system.

Operators are only required to mark those facilities which they own and/or operate. Operators shall use stakes, flags, paints, or other clearly identifiable marking within twenty-four (24) inches horizontally from the exterior sides of the operator’s underground facilities (W.S. 37-12-302 (d)). These marks should be made according to the APWA recommended marking guidelines and in sufficient quantity to clearly identify the routes of the facility.

DAMAGE REPORT – Facility Operator Responsibility

The operator of the underground facility shall respond to the damage notification in a manner appropriate to the circumstances. 

DEPTH OF FACILITIES

Facility operators may not be able to provide depth information to the excavator. Most operators follow certain depth requirements or guidelines when initially installing lines. They have no control over depth variation caused by human intervention, effects of weather such as erosion, or other circumstances. For example, if a facility is buried four (4) feet below the surface of a given area and following installation, a landscaper adds one (1) foot of topsoil over the top of the buried facility, the facility would now be five (5) feet deep. On the other hand, if the landscaper were to remove one (1) foot of dirt, that facility would only be three (3) feet below the surface. 

RECOGNIZING AND RESPONDING TO EMERGENCIES INVOLVING DAMAGED FACILITIES

Emergency situations include, but no limited to: leaks, ruptures, explosions, fires, severe settling or soil movement, weakened or damaged facilities and similar instances where immediate action is necessary to prevent loss of life, injury to persons, or damage to property. The following actions should be taken in response to various emergency/damage situations involving underground facilities.

Natural Gas

1. Avoid any open flames or anything that might start a fire. Do not start motor vehicles or electrical equipment. Remove ignition sources (cigarettes, cell phones, or anything that could create a spark or static electricity).
2. Shut off and abandon any equipment being used in the area.
3. Evacuate the area and try to keep uninformed people out.
4. Call 911 or your local fire, police or sheriff’s office. Give your name, phone number, a description of the leak and its location.
5. Do not try to put out a fire. If it is burning, let it burn; ask local fire fighters to observe and protect adjacent property.
6. Do not attempt to operate any pipeline valves yourself.
7. Never bury the broken or damaged line.
8. Call the facility operator and the Notification Center.

Petroleum

1. Do not light a match, start an engine, use a telephone. Do not even switch on/off an electric light.
2. Turn off running machinery (engines).
3. Leave the leak area immediately. Warn others, if necessary.
4. Do not make contact with the escaping liquids.
5. Avoid creating sparks or sources of heat that could cause the vapors or liquids to ignite.
6. If you come upon a leak or vapor cloud while in a vehicle, do not drive into the area.
7. Call 911 or your local fire, police or sheriff’s office. Give your name, phone number, a description of the leak and its location.
8. Call the facility operator and the Notification Center.

Electricity

1. Move equipment only if safe to do so.
2. If safe, stay on equipment/machine (unless on fire) until rescue workers arrive. Keep others away. If buried electrical line is struck in wet soil/conditions, the ground may become energized for a large area around the strike.
3. Call 911 or your local fire, police or sheriff’s office. Give your name, phone number, a description of the problem and its location.
4. Call the facility operator and the Notification Center.

Water / Sewer

1. Do not close any valves in order to stop flooding. (Closing the wrong valve may affect fire flows and/or possible contamination of potable water systems.)
2. If the water leak is from a sewer or septic line or system, do not come in contact with the water. This could be a health risk; don not wade in or work around this.
3. Be careful of high-pressure water. Sometimes the slightest scratch or vibration can let loose that pressure; it can blow you away.
4. Water can quickly fill a trench or hole, making exit impossible.
5. Be careful moving around trench areas with wet walls. They can easily cave in around you and suffocate you.
6. Sewer gas is highly flammable! Do not ignite it with cigarettes, matches, etc.
7. Call the facility operator and the Notification Center.

Fiber/Communications

1. If fiber optic cable is cut, do not look into the end of it. It can cause serious eye damage.
2. Call the facility operator and the Notification Center. Any scrape, nick, pull, cut, tear, break, bend, kink, dent, etc., to a facility or line, must be reported. If not promptly repaired, any damage could result in a failure for that operator of the facility as well as the community and customers it serves. 

Ticket Processing Guidelines and Best Practices by OWC and the Notification Center.  

DEFINITIONS:

Public Right of Way (ROW): The area on, or above a public roadway, highway, street, alley, cartway, bicycle lane, and back of sidewalk in which a government unit has an interest, including other rights-of-ways dedicated for travel purposes and utility easements.

Address or Lot: A single family home or business defined by the property lines including all adjoining Public Rights of Way.

White Lining: You are required to pre-mark to define the dig area where excavation will occur. If you as the excavator create your notification ticket via the web portal, by correctly and accurately drawing your intended excavation area via the polygon, this serves as electronic white lining or digital white lining. If you call into the Notification Center to have a center representative create your notification ticket for you, then you as the excavator must physically white line your intended excavation area.

Urban Area: All land either inside or surrounding city limits, as defined by it’s governing township.

Rural Area: All not included within an urban area.

LOCATE TICKET SIZES:

URBAN AREA

Public ROW (Work being done solely within the Public Right of Way): The maximum size of a locate ticket shall be 100,000 (one-hundred thousand) square feet or (500’ x 200’).

Address or Lot (Work being done solely on a single parcel): Each legally addressed property must have it’s own locate ticket, i.e. one (1) address per notification ticket.

RURAL AREA

The maximum size of a locate ticket shall be 3,168,000 (three million, one hundred and sixty-eight thousand) square feet or (2 linear miles by 300’).

REPROCESSING OF TICKETS:

CORRECTIONS: PLEASE NOTE:

By using the ticket edit button to make corrections to your issued ticket, causes that original ticket to be cancelled and send out a new ticket, ticket number with a new legal start date and time. 

CANCELLATIONS:

An excavator may cancel an existing live/open ticket if they no longer plan on performing the excavation or no longer need the ticket, at no charge. The cancelled ticket will have the same ticket number as the original ticket and will be labeled CANCELLATION.

RELOCATE TICKET:
An update to a valid, live locate ticket may be submitted for the following:

UPDATE ONLY: Extend the life of a ticket past 14 business days. OCW must be notified at least 2 (two) business days (excluding weekends and holidays) before the expiration date and time on the current valid ticket and where the marks are still visible and the scope, type and location of the work has not changed. Excavators must put an UPDATE ONLY in the notes section of the notification ticket.

UPDATE RE-MARK: Requests to refresh the paint marks in the field. If the markings are no longer visible, or the excavator has reason to believe the markings are incorrect, the excavator must notify OCW at least 2 (two) business days (excluding weekends and holidays) before the expiration date and time on the current valid ticket. Excavators must put UPDATE/REMARK in the notes section of the notification ticket.

***PLEASE REMEMBER***

All updates, corrections or changes to tickets will be issued a new ticket number and the original ticket number will be included on the new ticket for reference, as well as a new legal start date and time. All tickets must have a start date and time at least 2 (two) business days (excluding weekends and holidays) after the update ticket is processed.

Pre-mark/White Lining:

As per W.S. 37-12-307 (m); a locate ticket request MUST include site identification information by one (1) or more of the following means: physically white marking, digital white lining (drawing accurate and correct polygon), project staking, geographic information system shape file, GPS coordinates detailed drawing or map.

The “Protecting Public Safety” study conducted in 1997 by the NTSB reached the conclusion that pre-marking is an industry safety practice that aides in preventing excavation damages to underground facilities and injuries to excavators and the public. It also assists facility owners/operators in avoiding unnecessary work when locating facilities that are not associated with the planned excavation. 

WYOMING STATE LAW REQUIRES WHITE LINING/PRE-MARKING OF ALL INTENDED EXCAVATION SITES.

This best practice allows the excavator to accurately communicate to the facility owners/operators as well as their designated representative where the intended excavation is to occur. An excavator will provide adequate information to the owners of underground facilities to locate and mark the location of underground facilities when making a locate request for the planned excavation. Adequate information must allow the person who is completing the locate to be able to determine the area where the proposed excavation will occur. The information provided by the excavator may include but is not limited to marking the path of the proposed excavation with white paint, marking the path of the proposed excavation with white flagging, or other clear markings that allow a person to determine the path of the proposed excavation. If the person completing the locate request is unable to determine the path of the proposed excavation based on the markings or other reliable communications with the excavator, the excavator will meet with the persons completing the locate request at the proposed excavation site.

IMPORTANT:

One-Call of Wyoming does not provide nor perform the actual locate of any underground utilities. One-Call of Wyoming only provides the notice of intended excavations to underground facility owners when notified by the excavator. One-Call of Wyoming is a FREE SERVICE and you are required by law to contact One-Call of Wyoming at least 2 (two) business days prior to your intended excavation.

PRIVATELY OWNED UTILITES:

There may be PRIVATELY OWNED UTILITIES within your intended dig area. Private utilities are owned by the owner of the property and these utilities WILL NOT be notified or marked when you contact One-Call of Wyoming. It is your responsibility, as the excavator to have private utilities located and it is required by law. You can view a list (not all encompassing) of companies who perform locates for privately owned utilities in Wyoming, on our website, www.onecallofwyoming.com. This is located under the Resources tab, Private Locate Education.

CWYOMING STATE LAW

Title 37 Public Utilities Chapter 12 Article 3. DAMAGE TO UNDERGROUND PUBLIC UTILITY FACILITIES

37-12-301. Short title; definitions.

This act may be known and shall be cited as the “Wyoming Underground Facilities Notification Act.”

(b) As used in this act:

(i) “Business day” means any twenty-four (24) hour period other than Saturday, Sunday or legal holiday;

(ii) “Emergency” means a sudden, unforeseen occurrence, including a loss of communications, which demands immediate action to protect the health, safety and welfare of the public and to prevent loss of life, health, property or essential public services and advance notice to the Notification Center prior to excavation is impracticable under the circumstances. “Emergency” shall include ruptures and leakage of pipelines, explosions, fires and similar instances where immediate action is necessary to prevent loss of life or significant damage to underground facilities or the environment;

(iii) “Excavation” or “excavates” means any operation in which earth, rock or other materials on or below the ground is moved or otherwise displaced by means of hand or power tools, power equipment or explosives or other means, and includes grading, trenching, digging, ditching, drilling, auguring, tunneling, boring, plowing-in, pulling-in, ripping, scraping and cable or pipe installing, except tilling of soil and gardening or agricultural purposes;

(iv) “Excavator” means any person or entity that excavates or conducts excavation activities;

(v) “Impoundment” means a closed basin formed naturally, or artificially built, which is dammed or excavated for the retention of water, slurry or other liquid or semi-liquid material;

(vi) “Notification Center” means a center that receives notice from excavators of planned excavation or other requests for location and transmits this notice to participating operators; 

(vii) “Operator” means any person, including public utilities, municipal corporations, political subdivisions or other persons having the legal authority to bury, operate, maintain, repair and replace underground facilities;

(viii) “Person” means an individual, partnership, municipality, state, county, political subdivision, utility, joint venture, corporation, limited liability company, statutory trust or other business entity and includes the employer of an individual;

(ix) “Secured facility” means a parcel of land used for commercial or industrial purposes that is surrounded entirely by a fence or other means of preventing access, including a fence with one (1) or more gates that are locked at all times or monitored by a person who can prevent unauthorized access;

(x) “Sump” means a surface pit into which drilling mud flows on reaching the surface of the well after being pumped through the drill pipe and bit, then up through the annular opening between the walls of the hole and the drill pipe, carrying with it cuttings from the well, which settle out of the mud in the sump pits;

(xi) “Underground facility” means any item of personal property buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic or other form of electronic communications, cable television, electric energy, oil, gas, hazardous liquids or other substances and including but not limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes and attachments;

(xii) “Government entity” means any agency, department, board, commission, authority, institution or instrumentality of the state and any county, municipality or other political subdivision of the state;

(xiii) “Public right-of-way” means any public street, road, highway or sidewalk;

(xiv) “Soft digging” means any excavation using tools or equipment that utilize air or water pressure as the direct means to break up soil or earth for removal by vacuum excavation;

(xv) “Area of risk” means an area not to exceed fifty (50) feet from each side of an underground facility that is located under or near a county road and that:

(A) Contains hazardous materials that present an extreme risk to the health and safety of persons; or

(B) Is buried at a depth of less than twenty‑four (24) inches.

(xvi) “County road” means a road that is:

(A) pursuant to W.S. 24-3-101 through 24-3-127, identified pursuant to W.S.    24-3-201 through 24-3-206 or for which the county is responsible for improvements and maintenance as designated by resolution of a board of county commissioners;

(B) Open to the public;

(C) Depicted on county road maps; and

(D) Identified with county road signage.

(xvii) “Routine county road maintenance” means the regular grading of a county road for the purpose of maintaining the surface condition of the road or a roadside drainage ditch, that does not extend more than four (4) inches below the surface and does not result in alteration of the original grade, width or flow line;

(xviii) “This act” means W.S. 37‑12‑301 through 37‑12‑307. § 37-12-302. Notice of excavation by excavator; information to be supplied upon notice; exceptions; penalty. Every operator shall file with the Notification Center a general description of the area served together with the name, address and telephone number of the person from whom necessary information may be obtained concerning the location of underground facilities.

(b) Any person preparing or designing architectural or engineering design drawings that call for excavation shall comply with W.S. 37-12-307. 

(c)  Except as hereafter provided, no excavator shall make or begin excavation without first notifying the Notification Center of the proposed excavation. Notice shall be given by telephone, email, or other electronic medium approved by the Notification Center at least two (2) full business days, but not more than fourteen (14) business days prior to any excavation to the Notification Center pursuant to W.S. 37-12-304. If an excavation on a single project lasts more than fourteen (14) business days, the excavator shall give notice at least once each succeeding fourteen (14) business day period. Notice to the Notification Center is notice to each member thereof in the area. Notification of the following information to the Notification Center shall be required and shall include the following:

(i) Name of the person notifying Notification Center;

(ii) Name, address and telephone number of the excavator;

(iii) Specific location by legal description or other reliable method that allows for current and accurate means of identifying geographic locations, and starting date and description of the intended activity.

(d) An operator shall at its expense, upon receipt of the notice provided for in subsection (c) of this section, use reasonable care to mark the location of the underground facilities with stakes, flags, paint or by other clearly identifiable marking within twenty-four (24) inches horizontally from the exterior sides of the operator’s underground facilities. The location shall be marked using American Public Works Association uniform color standards. If requested by the excavator, the operator receiving the notice shall advise the excavator of the nature, location, size, function and depth if known, of underground facilities in the proposed excavation area. The operator shall respond no later than two (2) full business days after receipt of the notice from the Notification Center or at a time otherwise mutually agreed to by the operator and excavator.

(e) Emergency excavations are exempt from the time constraints of the provisions of subsections (c) and (d) of this section. If an emergency excavation is undertaken to suppress wildfires, the excavator shall notify the Notification Center as soon as practical. The excavator and operator shall not be required to mark the area being excavated for wildfire suppression.

(f) If information required pursuant to subsection (d) of this section is not provided within the time specified therein, or if the information provided fails to identify the location of the underground facilities in accordance with subsection (d) of this section, then any excavator damaging or injuring underground facilities shall not be liable for such damage or injury except when failing to utilize reasonable care. However, if information required pursuant to subsection (d) of this section is provided within the time specified therein, and if the information provided sufficiently identifies the location of the underground facilities in accordance with subsection (d) of this section, then any excavator damaging or injuring underground facilities shall be liable for all damage or injury to persons or property.

(g) Compliance with this section does not excuse an excavator from exercising reasonable care in complying with this act nor does compliance with this section excuse an excavator from liability for damage or injury for failure to so act. When excavating, reasonable care shall require hand digging or soft digging, as necessary, to protect the underground facility.

(h) When any contact with or damage to any underground facility occurs, the excavator shall first immediately call a 911 emergency reporting system as defined by W.S. 16-9-102 (a) (iv) and request emergency services if the contacted or damaged underground facility releases gas or a hazardous liquid. In all cases the excavator shall immediately notify the operator of the facility and the Notification Center, of the location of and extent of damage to the underground facility and shall cooperate with the operator of the damaged underground facility to mitigate the damages incurred to the extent reasonably possible, including the provision of in-kind work where technical or special skills are not required according to the nature of the underground facility. An excavator shall not conceal or attempt to conceal any dislocation, disturbance or damage to an underground facility and shall not repair or attempt to repair the underground facility unless authorized by the operator of the underground facility. Upon notification of damage to an underground facility from an excavator, the operator of the underground facility shall respond to the notification in a manner reasonably appropriate to the circumstances. The operator shall file a report with the Notification Center describing the response within seventy-two (72) hours of the initial notification. This requirement of notification shall not relieve the excavator and the operator from compliance with any other state or federal notification obligation. In any dispute concerning the liability for damages to any underground facility, the excavator shall bear the burden of proof concerning its use of reasonable care in conducting the excavation.

(m)Unless an exception in this subsection is applicable, an excavator shall mark the location of the area or path of excavation before the arrival of an operator or agent of an operator to locate their underground facility. The obligations of an operator specified by W.S. 37-12-302 (d) shall not apply until an excavator has complied with the requirements of this subsections. Markings may include stakes, flags, marking whiskers, white paint, signage, electronic white lining on digital mapping or any other identifiable marking that clearly marks the location of the area or path of excavation, provided that any marking used cannot be confused with the accepted American National Standards Institute Standard Z535.1 safety color code. An excavator need not pre-mark the location as required by this section if any of the following apply:

(i) There is only one (1) operator with underground facilities in the proposed excavation area and the operator or the operator’s agent can determine the location of the area or path of 

excavation by street address, lot number, global positioning system, latitude and longitude 

coordinates, mapping or other method agreed to by the excavator and operator;

(ii) The excavator and operator had a meeting at the proposed excavation area before beginning the proposed excavation and exchanged the information on the location of the area or path of excavation as specified in paragraph (i) of this subsection;

(iii) The proposed excavation is of an emergency nature;

(iv) A different method of locating or defining the area or path of excavation has been agreed to by the excavator and all operators within the proposed excavation area.

(n) An operator of an underground facility that the operator determines to be within an area of risk may provide to the county in which the underground facility is located written notice that includes a description of the underground facility and the specific location of the underground facility by map, legal description or other reliable method that allows for a current and accurate means of identifying the geographic location of the underground facility. Any notice under this subsection shall be provided:

(i) As specified in paragraph (ii) of this subsection, not later than June 1, 2020 and then January 31 of each year thereafter;

(ii) An operator of a newly installed underground facility, within sixty (60) days of installation of the underground facility.

W.S. 37-12-302 (j) and (k) is repealed.

(a) All operators having underground facilities shall join the Notification Center and shall participate in the Notification Center providing for mutual receipt of notification of excavation activities in a specified area and pay their share of the cost for the service provided.

(b) The Notification Center shall:

(i) File with the county clerk the statewide toll-free telephone number;

(ii) Repealed by Laws 2003, Ch. 59, § 2.

(iii) Maintain adequate records documenting compliance with the requirements of this act, including the following:

Records of all telephone calls and other notifications received electronically;

(B) Records of all location requests which shall be retained for fifty (50) months and can be printed through use of a unique file numbering system developed by the Notification Center.

(C) Written records related to all complaints and responses alleging noncompliance with this act.

(iv) Provide the service at a minimum during normal business hours, Monday through Friday, excluding legal holidays;

(v) For calls received after normal business hours for the Notification Center, provide a recording for callers which explain emergency notification and excavation procedures;

(vi) Provide a timely method for notifying participating members of the information received regarding proposed excavation activities. The method of notification shall be determined by each notification system;

(vii) Upon request, provide to excavators giving notice of an intent to engage in an excavation activity the names of participating operators of underground facilities to whom the notice will be transmitted;

(viii) Repealed by Laws 2003, Ch. 59, § 2.

(ix) Offer an excavation safety training program.

(x) Upon request, provide to any person preparing or designing architectural or engineering design drawings that call for excavation the names and contact information of operators of underground facilities within the proposed excavation area;

(xi) Provide a monthly report to the Wyoming Attorney General on recent complaints alleging noncompliance with this act, including the contact information of any person or entity alleged to be in noncompliance with this act.

(c) Repealed by Laws 2003, Ch. 59, § 2.

The following oil and gas production facilities are not subject to this act:

(i) Aboveground or underground storage tanks, sumps, impoundments or piping connected to aboveground or underground storage tanks, sumps or impoundments located in the same tract of land as the storage tanks, sumps or impoundments;

(ii) Underground production facilities operated by the operator of a secured facility which are located entirely within the secured facility;

(iii) Piping within a well bore;

(iv) Underground facilities which are located on a production lease or unit and which are operated by a person:

(A) Who owns, in whole or in part, the mineral lease rights to that production lease or unit; and

(B) Who operates the underground facility only for their own use.

(b) An underground facility which extends beyond the boundaries of a production lease or unit is exempt only for that portion of the facility which is located within the boundaries of the lease or unit.

(c) An underground facility which contains gas or hazardous liquid shall not be exempted under the provisions of this act as provided by paragraph (a) (iv) of this section if the facility is located within the boundaries of, or within one-eighth (1/8) of a mile of, an incorporated or unincorporated city or town, or any residential or commercial area, subdivision, business or shopping area, community development or any similarly populated area, or on an established surface or underground easement or if it contains more than one hundred (100) parts per million of hydrogen sulfide.

(d) Underground facilities located on private property owned by and existing for the exclusive use of that private property operator are exempt from the provisions of this act.

(e) Private domestic water and sewer lines located outside any incorporated area and serving nine (9) or fewer service hook-ups, private irrigation and drainage lines and ditches, irrigation district and drainage district lines and ditches, and private livestock water pipelines and facilities are exempt from the provisions of this act.

(f) Nothing in this section shall prohibit an operator of an underground facility which is exempted under this section to voluntarily register that facility under this act.

(g) Underground facilities operated by the operator of a secured facility which are located entirely within the secured facility are exempt from the provisions of this act.

(h) The following routine maintenance activities in a government entity’s public right-of-way are exempt from the following provisions of this act:

(i) Snowplowing;
(ii) Adding of granular material to unpaved roads;
(iii) Removal and application of patches to the surface of pavement;
(iv) Cleaning and sealing of road or pavement cracks or joints.

(j) Routine county road maintenance is exempt from the provisions of this act, provided that the maintenance is not within an area of risk as specified in a notice provided under W.S. 37‑12‑302(n).

(a) An action to recover a civil penalty under this section may be brought by an operator, excavator, aggrieved party, the Notification Center, county attorney, district attorney or the attorney general. Venue for an action shall be in the district court for the county in which the operator, excavator, aggrieved party or the Notification Center resides or maintains a principal place of business in this state or in the county in which the conduct giving rise to a civil penalty occurred. The action provided in this subsection may be by jury trial if a jury is demanded by either party.

(b) In determining the liability for or the amount of any damages or civil penalty pursuant to this section, a court shall consider the nature, circumstances and gravity of the alleged violation, the alleged violator’s degree of culpability and the alleged violator’s history of prior violations.

(c) The penalties provided in this section are in addition to any other remedy available at law or equity.

(d) No civil penalty shall be imposed under this section against an excavator or operator who violates any of the provisions of this article if the violation occurred while the excavator or operator was responding to a service outage or other emergency, except that such penalty shall be imposed if such violation was willful or malicious.

(e) This section shall not apply to any governmental entity as defined by W.S. 1-39-103 (i), which participates in the Notification Center as provided by this act. Nothing in this article shall affect any provision of the Wyoming Governmental Claims Act, W.S. 1-39-101 through 1-39-120.

(f) Any civil penalty received under subsection (g) or (h) of this section shall be deposited into the county public school fund of the county in which the violation occurred.’

(g) With respect to operators:

(i) Every operator in Wyoming shall join and participate in the Notification Center pursuant to W.S. 37-12-304 (a). Any operator who does not join or participate in the Notification Center shall be liable for a fine of five thousand dollars ($5000.00) each year it is not in compliance with this subsection;

(ii) If any underground facility located in the service area of an operator is damaged as a result of the operator’s failure to join or participate in the Notification Center pursuant to W.S. 37-12-304 (a), the court shall impose upon such operator a civil penalty up to the amount of five thousand dollars ($5,000.00) for the first offense and up to twenty-five thousand dollars ($25,000.00) for a second offense within a twelve (12) month period after the first offense. If any underground facility located in the service area of an operator is damaged as a result of the operator’s failure to join or participate in the Notification Center pursuant to W.S. 37-12-304 (a) on more than two (2) separate occasions within a twelve (12) month period from the date of the first failure to comply with W.S. 37-12-304 (a), then the civil penalty shall be up to seventy-five thousand dollars ($75,000.00). Upon a first offense, the operator may be required by the court to complete an excavation safety training program with the Notification Center;

(iii) If any underground facility is damaged as a result of the operator’s failure to comply with W.S. 37-12-304 (a), the operator’s failure to use reasonable care in the marking of the damaged underground facility or the operator’s failure to mark the location of its underground facilities within the time period specified in W.S. 37-12-302 (d) unless that failure is due to circumstances beyond the operator’s control, the operator shall be liable for:

(A) Any cost or damage incurred by the excavator as a result of any delay in the excavation project while the underground facility is restored, repaired or replaced, together with reasonable costs and expenses of suit, including reasonable attorney fees; and

(B) Any injury or damage to persons or property resulting from the damage to the underground facility. The operator shall also indemnify and defend the affected excavator against any and all claims or actions, if any, for personal injury, death, property damage or service interruption resulting from the damage to the underground facility.

(iv) If an operator, after receipt of a notice from an excavator or Notification Center pursuant to W.S. 37-12-302 (c), fails to mark the location of its underground facilities within the time period specified in W.S. 37-12-302 (d), and unless the failure resulted from circumstances beyond the operator’s control, the operator shall be liable for a civil penalty of up to five thousand dollars ($5000.00).

(h) With respect to excavators:

(i) Every excavator shall notify the Notification Center pursuant to W.S. 37-12-302 (c) prior to commencing any excavation activity. Any excavator who fails to notify the Notification Center pursuant to W.S. 37-12-302 (c) shall be liable for a civil penalty in the amount of five thousand dollars ($5000.00);

(ii) If an excavator fails to comply with W.S. 37-12-302 (c), (g), or (h) and damages an underground facility during excavation, the excavator shall be liable for a civil penalty up to the amount of five thousand dollars ($5,000.00) for the first offense and up to twenty-five thousand dollars ($25,000.00) for a second offense within a twelve (12) month period after the date of the first offense. If an excavator fails to comply with W.S. 37-12-302 (c), (g) or (h) on more than two (2) separate occasions within a twelve (12) month period from the date of the first failure to comply with the appropriate subsection, then the civil penalty shall be up to seventy-five thousand dollars ($75,000.00). Upon a first offense, the excavator may be required to complete an excavation safety training program with the Notification Center;

(iii) If an excavator requests a facilities locate on an expedited basis (less than two (2) full business days) for an emergency excavation and the excavation at issue was not an emergency and did not require a locate on an expedited basis, the excavator shall be liable for a civil penalty of up to five thousand dollars ($5000.00) for each false emergency locate incident;

(iv) If an excavator fails to comply with W.S. 37-12-302 (c), (g) or (h) and damages an underground facility during an excavation, or fails to exercise reasonable care in excavating and damages a located underground facility during an excavation, the excavator shall be liable for:

(A) Any cost or damage incurred by the operator in restoring, repairing or replacing its damaged underground facility, together with reasonable costs and expenses of suit, including reasonable attorney fees; and

(B) Any injury or damage to persons or property resulting from the damage to the underground facility. The excavator shall also indemnify and defend the operator against any and all claims or actions, if any, for personal injury, death, property damage or service interruption resulting from the damage to the underground facility.

 (v) Subparagraph (iv) (A) of this subsection shall not apply to an excavator if the operator of the underground facility has failed to comply with W.S. 37-12-302 (d) or W.S. 37-12-304 (a).

(j) Any provision of an agreement or release that requires an excavator or an operator who has suffered damage or loss due to a violation of this act to indemnify the violator for penalties is unenforceable with respect to any obligation to indemnify the violator for the penalties.

(a) Any person preparing or designing architectural or engineering design drawings that call for excavation shall make reasonable efforts to determine at no expense to the operator the nature, location, and depth if known, of underground facilities. If the location of an operator’s underground facilities within the proposed excavation area are restricted as classified by the federal or state government a contacted operator shall disclose to the person the potential presence of the underground facilities in the proposed excavation area and any known disclosable information about the nature and location of the underground facilities, as well as the contact information, if known, of the federal or state government official who may be able to provide further information. Any person preparing or designing architectural or engineering design drawings that call for excavation shall make the information and location under this subsection a part of the plan by which the excavators operate.

(b) Any person preparing or designing architectural or engineering design drawings that call for excavation for a government entity in a public right-of-way with a project cost greater than seven hundred fifty thousand dollars ($750,000.00) may schedule one (1) or more predesign meetings. The person shall notify the Notification Center at least thirty (30) calendar days before the first predesign meeting and provide the person’s contact information, the name of the government entity, the scheduled predesign meeting dates, the location of the proposed excavation area and the project’s scope of work. The Notification Center shall provide this information to operators with underground facilities in the proposed excavation area. Any operator or the operator’s agent receiving notice pursuant to this subsection shall do any one (1) of the following;

(i) Attend the predesign meeting and provide information on the location of the operator’s underground facilities within the proposed excavation area;

(ii) Notify the person that the operator has already or will, within fourteen (14) business days of receipt of the notice, mark the location of the operator’s underground facilities within the proposed excavation area in accordance with the standards set forth in W.S. 37-12-302 (d);

(iii) Contact the person for conceptual drawings and then mark the location of the operator’s underground facilities on the drawings. The operator shall return the marked drawings to the person within thirty (30) calendar days of receipt of the drawings.

Complaints of Non-compliance with Wyoming State Law

A process is available for excavators and operators with complaints alleging non-compliance with Wyoming State Law 37-12-301-307.

Complaint forms and instructions are available on the web One-Call of Wyoming website. www.onecallofwyoming.com

OSHA REGULATIONS

• 1926.651(b) Underground installations

(1) The estimated location of utility installations, such as sewer, telephone, fuel, electric, water lines, or any other underground installations that reasonably may be expected to be encountered during excavation work, shall be determined prior to opening an excavation.

(2) Utility companies or owners shall be contacted within established or customary local response times, advised of the proposed work, and asked to establish the location of the utility underground installations prior to the start of actual excavation. When utility companies or owners cannot respond to a request to locate underground utility installations within 24 hours (unless a longer period is required by state or local law), or cannot establish the exact location of these installations, the employer may proceed, provided the employer does so with caution, and provided detection equipment or other acceptable means to locate utility installations are used.

(3) When excavation operations approach the estimated location of underground installations, the exact location of the installations shall be determined by safe and acceptable means

(4) While the excavation is open, underground installations shall be protected, supported or removed as necessary to safeguard employees.

www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.651

FEDERAL LAW §49 USC 60122 – CIVIL PENALTIES

A person that the Secretary of Transportation decides, after written notice and an opportunity for a hearing, has violated section 60114(b) or 60118(a) of this title or a regulation prescribed or order issued under this chapter is liable to the United States Government for a civil penalty of not more than $100,000 for each violation. A separate violation occurs for each day the violation continues. The maximum civil penalty under this paragraph for a related series of violations is $1,000,000.

A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person:

(1) knowingly and willfully engages in an excavation activity;

(A) without first using an available One-Call notification system to establish the location of underground facilities in the excavation area; or

(B) without paying attention to appropriate location information or markings the operator of a pipeline facility establishes; and

(2) subsequently damages;

(A) a pipeline facility that results in death, serious bodily harm, or actual damage to property of more than $50,000;

(B) a pipeline facility, and knows or has reason to know of the damage, but does not report the damage promptly to the operator of the pipeline facility and to other appropriate authorities; or

(C) a hazardous liquid pipeline facility that results in the release of more than 50 barrels of product.

https://www.govinfo.gov/content/pkg/USCODE-2011-title49/pdf/USCODE-2011-title49-subtitleVIII-chap601-sec60122.pdf