Section 49-23-05 - Precautions to avoid damageTo avoid damage to and minimize interference with underground facilities in and near the excavation area, a ticket holder shall:
1. Maintain a clearance between an underground facility and the cutting edge or point of any mechanized equipment, considering the known limit of control of the cutting edge or point to avoid damage to the facility.2. Provide support in a manner approved by the operator for underground facilities in and near the construction area, including backfill operations to protect the facilities. Backfill must be of a material equal to or better in both quality and quantity to the existing backfill.3. Assume ownership of materials used to mark the facility, use reasonable efforts to maintain markings during excavation, and remove all tangible marking materials used to mark the underground facility and site area upon completion of the excavation.4. Assume the cost of excavation to expose the facility unless otherwise indicated by owner of facility.5. Conduct the excavation in a careful and prudent manner.6. Properly manage spoil material to prevent shifting or falling material that could damage belowground facilities.Amended by S.L. 2017, ch. 330 (HB 1026),§ 5, eff. 8/1/2017.Amended by S.L. 2015, ch. 328 (SB 2347),§ 2, eff. 8/1/2015.Amended by S.L. 2013, ch. 366 (HB 1359),§ 3, eff. 8/1/2013.