155 Neb. Admin. Code, ch. 2, § 002

Current through September 17, 2024
Section 155-2-002 - DEFINITIONS
002.01. Board of directors shall mean the governing board of the association charged with the responsibility for overseeing the operation of the statewide one-call notification center.
002.02. Business day shall mean any day other than a Saturday, Sunday, or state or nationally observed legal holiday.
002.03. Center shall mean the statewide one-call notification center.
002.04. Damage shall mean any impact with, partial or complete severance, destruction, impairment, or penetration of, or removal or weakening of support from an underground facility, including its protective coating, housing, or other protective device.
002.05. Emergency condition shall mean any condition which constitutes a clear and present danger to life, health, or property or which demands immediate action to prevent or repair a major service outage.
002.06. Excavation shall mean any activity in which earth, rock, or other material in or on the ground is moved or otherwise displaced by means of tools, equipment, or explosives and shall include grading, trenching, digging, ditching, drilling, auguring, tunneling, scraping, and cable or pipe plowing or driving but shall not include (1) normal maintenance of roads if the maintenance does not change the original road grade and does not involve the road ditch, (2) tilling of soil and gardening for seeding and other agricultural purposes, (3) digging of graves or in landfills in planned locations, (4) maintenance or rebuilding of railroad track or facilities located on a railroad right-of-way by the railroad company or its contractors when such maintenance or rebuilding does not change the track grade, or (5) hand digging around the base of a pole for pole inspection as part of routine maintenance or replacement of a pole when the replacement pole is similarly sized and installed in the existing hole.
002.07. Excavator shall mean a person who engages in excavation in this state.
002.08. Gas or hazardous liquid underground pipeline facility shall mean any underground facility used or intended for use in the transportation of gas or the treatment of gas or used or intended for use in the transportation of hazardous liquids including petroleum or petroleum products.
002.09. Hand Digging shall mean any excavation involving non-mechanized tools or equipment. It shall include but not be limited to, digging with shovels, picks, and manual post-hole diggers, vacuum excavation or soft digging.
002.10. Mandatory Electronic Positive Response shall mean an electronic response transmitted to the center indicating the facility's response status to a ticket.
002.11. Marking Standards shall mean the methods by which a facility owner/operator indicates its line or facility.
002.12. Nonpermanent surface shall mean any ground consisting of uncovered dirt or rock or ground that is covered by grass or other plant life, crushed rock, gravel, or other similar natural substance.
002.13. Normal working hours shall mean the hours of 7 a.m. to 5 p.m. on a business day in each time zone in the state.
002.14. Offsets shall mean the amount of distance identified by which the facility/utility is out of line.
002.15. Operator shall mean a person who manages or controls the functions of an underground facility but shall not include a person who is an owner or tenant of real property where underground facilities are located if the underground facilities are used exclusively to furnish services or commodities on the real property.
002.16. Permanent surface shall mean any ground that is covered by a hard, artificial, weatherproof material such as concrete, asphalt, or other similar substance.
002.17. Person shall mean an individual, partnership, limited liability company, association, municipality, state, county, political subdivision, utility, joint venture, or corporation and shall include the employer of an individual.
002.18. Statewide one-call notification center shall mean the association operating on a nonprofit basis, supported by its members, and having as its principal purpose the statewide receipt and dissemination to participating operators of information on a fair and uniform basis concerning intended excavation in an area where the operators have underground facilities.
002.19. Ticket shall mean the compilation of data received by the center in the notice of excavation and the facility locations provided to the center which is assigned a unique identifying number.
002.20. Ticket life shall mean the set time number of days during which excavation activities may be conducted on a specific type of ticket.
002.21. Trenchless excavation, shall mean a type of subsurface construction work that requires few trenches or no continuous trenches.
002.22. Underground facility shall mean any item of personal property buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic communications, telephonic communications, telegraphic communications, cable television, electric energy, oil, gas, hazardous liquids, or other substances, including pipes, trunk lines, fiber optic cables, sewers, conduits, cables, valves, lines, wires, manholes, and attachments to such personal property.
002.23. Vendor shall mean the company or person selected by the board of directors to operate the one-call center.

155 Neb. Admin. Code, ch. 2, § 002

Amended effective 8/13/2019