Terms in these regulations shall have the same definitions as those found in the Act or as defined below.
DAMAGE. Includes the penetration or destruction of any protective coating, housing, or other protective device of an underground facility, the denting or partial or complete severance of an underground facility, or the rendering of any underground facility inaccessible.
EMERGENCY SITUATIONS. Includes ruptures and leakage of pipelines, explosions, fires, and similar instances where immediate action is necessary to prevent loss of life or significant damage to property, including, without limitation, underground facilities, and advance notice of proposed excavation is impracticable under the circumstances.
EXCAVATION. Any operation in which earth is moved or removed by means of any tools, equipment, or explosives and includes augering, backfilling, boring, ditching, drilling, dredging or other underwater earth moving, grading, plowing-in, pulling-in, ripping, scraping, trenching, hydro excavating, postholing, and tunneling. "Excavation" does not include:
FARMER. A person or such person's agent or contractor engaged in the production or raising of crops, poultry, or livestock.
FRIVOLOUS COMPLAINT. A complaint filed with the Safety Commission that is without merit and is determined by the Review Committee that it was filed to cause or that resulted in inconvenience, harassment or expense.
GRAVITY-FED SYSTEM. Any underground facility that is not pressurized and that utilizes gravity as the only means to transport its contents. These systems include sanitary sewer lines, storm sewer lines, and open-air irrigation ditches.
HOME RULE ENTITY. A home rule county, city and county, municipality, or power authority that establishes its own damage prevention safety program that is similar to the Safety Commission.
LICENSED PROFESSIONAL ENGINEER. A professional engineer as defined in Section 12-120-202 (7), C.R.S.
NOTIFICATION ASSOCIATION. The statewide notification association of owners and operators of underground facilities created in Section 9-1.5-105, C.R.S., also known as Colorado 811 and the Utility Notification Center of Colorado.
OPERATOR or OWNER. Any person, including public utilities, municipal corporations, political subdivisions, or other persons having the right to bury underground facilities in or near a public road, street, alley, right-of-way, or utility easement. Operator or owner in these regulations does not include any railroad.
PERSON. Any individual acting on his or her own behalf, sole proprietor, partnership, association, corporation, or joint venture; the state, any political subdivision of the state, or any instrumentality or agency of either; or the legal representative of any of them.
RESPONSE REQUIRED BY DATE. A date, denoted in writing, by which both parties are expected to respond as to how they plan to participate in a hearing.
REVIEW COMMITTEE. A group of 3-5 members of the Underground Damage Prevention Safety Commission appointed to review a complaint of an alleged violation of the Act.
ROUTINE MAINTENANCE. A regular activity that happens at least once per year on an existing planted landscape if earth is not disturbed at a depth of more than twelve inches by nonmechanical means or four inches by mechanical means and if the activities are not intended to permanently lessen the ground cover or lower the existing ground contours. Mechanical equipment used for routine maintenance tasks includes aerators, hand-held rototillers, soil injection needles, lawn edgers, overseeders, and hand tools.
SAFETY COMMISSION. Also known as the "Underground Damage Prevention Safety Commission." The enforcement authority as established by statute.
SUBSURFACE UTILITY ENGINEERING NOTIFICATION. A notice to the notification association that a project is being designed by a licensed professional engineer and that the project will include the investigation and depiction of existing underground facilities that meet or exceed the ASCE 38 standard.
SUBSURFACE UTILITY ENGINEERING-REQUIRED PROJECT. A project that meets all of the following conditions:
UNDERGROUND FACILITY. Any item of personal property which is buried or placed below ground for use in connection with the storage or conveyance of water or sewage, electronic, telephonic, or telegraphic communications or cable television, electric energy, or oil, gas, or other substances. An item of personal property, as used in this definition, includes, but is not limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, and attachments thereto.
VIOLATION. A determination by the Safety Commission that a violation of the Act has occurred.
VIOLATION, MAJOR. A major violation includes, but is not limited to, a violation that the Review Committee finds to be in blatant disregard of the best practices and the potential for injury to the public or property is highly probable.
VIOLATION, MINOR. A minor violation includes, but is not limited to, a violation that the Review Committee finds to be valid and the potential for injury to the public or property is not a factor. The act of filing a Frivolous Complaint (as defined) is also categorized as a minor violation.
VIOLATION, MODERATE. A moderate violation includes, but is not limited to, a violation that the Review Committee finds to be outside best practices and the potential for injury to the public or property is foreseeable.
7 CCR 1101-18-1-4