ASSEMBLY, No. 758
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblywoman BUONO
An Act concerning underground facilities, and amending P.L.1994, c.118 and P.L.1989, c.80.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.1994, c.118 (C.48:2-76 is amended to read as follows:
4. a. The Board of Public Utilities shall establish a One-Call Damage Prevention System pursuant to the provisions of this act, and may adopt, pursuant to the "Administrative Procedure Act", P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as it deems necessary to implement the provisions of this act. This system shall be a single Statewide 24-hour, seven-day-a-week notification center which shall:
[a.](1) Receive and record the notice of intent to excavate provided by excavators pursuant to subsection a. of section 10 of this act;
[b.](2) Assign a confirmation number to each notice of intent to engage in an excavation, inform the excavator of the confirmation number, and maintain a register showing the name, address, and telephone number of the excavator, the site to which the notice pertains, and the assigned confirmation number;
[c.](3) Promptly transmit to the appropriate operators the information received from an excavator regarding any intended excavation in areas where the operators have underground facilities;
[d.](4) Maintain a record of each notice of intent received pursuant to subsection a. of this section for a period of seven years from the date of notice; and
[e.](5) Provide to the excavator the names of the operators who will be notified by the One-Call Damage Prevention System of the intended excavation.
b. The board shall establish as a component of the One-Call Damage Prevention System a computerized geographical information system database capable of storing, retrieving and displaying in cartographical format the location and other pertinent information concerning all underground facilities. The database shall be designed to enable the operator of the One-Call Damage Prevention System to provide by telephone facsimile, computer interface, or mail a computer-generated map of the location of all underground facilities located at a site to an excavator notifying the One-Call Damage Prevention System of an intent to excavate at the site. Every owner or operator of an underground facility shall inform the operator of the One-Call Damage Prevention System of any modification of the underground facility that affects the accuracy of the information concerning the underground facility on the database within five business days of completion of the modification. Upon receipt of any information concerning the modification of an underground facility the operator of the One-Call Damage Prevention System shall immediately make any necessary changes to the database.
(cf: P.L.1994, c.118, s.4.)
2. Section 7 of P.L.1994, c.118 (C.48:2-79) is amended to read as follows:
7. The system operator shall:
a. Operate the One-Call Damage Prevention System, which shall include but not be limited to the services described in section 4 of this act;
b. Establish a schedule of fees under which each operator shall pay an equitable share of the costs of maintaining the One-Call Damage Prevention System, including the cost of the establishment and maintenance of the geographical information system database system as required pursuant to section 4 of P.L.1994, c.118 (C.48:2-76). This schedule of fees shall be submitted to the board for review and approval and shall be subject to the continuing jurisdiction of the board;
c. Ensure that the One-Call Damage Prevention System operates in all areas of the State. The telephone number of the One-Call Damage Prevention System for providing any notice required by this act shall be a toll-free number;
d. Notify the public and known excavators of the requirement pursuant to this act for the mandatory use of the One-Call Damage Prevention System to locate underground facilities; and
e. Comply with all other provisions of this act.
(cf: P.L.1994, c.118, s.7.)
3. Section 8 of P.L.1994, c.118 (C.48:2-80) is amended to read as follows:
8. a. Except as provided in sections 6 and 9 of this act, the operator of an underground facility shall:
(1) Participate in and comply with the requirements of the One-Call Damage Prevention System established pursuant to section 4 of this act; and
(2) Mark, stake, locate or otherwise provide the position and number of each of its underground facilities [which may be affected by] located in the general area of the site of a planned excavation or demolition within three business days after receipt of the information concerning a notice of intent to excavate transmitted pursuant to subsection [c.]a. of section 10 of this act. An underground facility shall be marked in accordance with standards approved by the board, which shall be based upon approved industry standards, and shall be marked at the site within 18 inches horizontally from the outside wall of the facility, in a manner that will enable the excavator to employ prudent techniques, which may include hand-dug test holes, to determine the precise position of the operator's underground facility. An underground facility shall be marked from information available in the operator's records or by use of standard locating techniques other than excavation. In temporarily marking the approximate position of an underground facility, an operator shall utilize the following color coding:
Utility and Type Product Identifying color
Electric Power Distribution Safety Red
and Transmission
Municipal Electric Systems Safety Red
Gas Distribution and High Visibility Safety Transmission Yellow
Utility and Type Product Identifying color
Oil Distribution and High Visibility Safety
Transmission Yellow
Dangerous Materials, Product High Visibility Safety
Lines, Steam Lines Yellow
Telephone and Telecommunications Safety Alert Orange
Police and Fire Communications Safety Alert Orange
Cable Television Safety Alert Orange
Water Systems Safety Precaution Blue
Slurry Systems Safety Precaution Blue
Sewer Lines Safety Green
b. If an operator does not own, operate or control any underground facilities at the site concerning which he received information of a notice of intent to excavate transmitted pursuant to subsection c. of section 4 of this act, the operator shall make a reasonable effort to so advise the person giving the notice of intent to excavate, providing the notice is given within the time frame set forth in subsection a. of section 10 of this act.
c. An operator shall maintain a record of all damage to its underground facilities, including all damage reported by an excavator pursuant to subsection e. of section 10 of this act. An operator shall provide an updated copy of this record to the board on a quarterly basis.
d. To the extent authorized pursuant to Pub. L. 103-272 (49 U.S.C. §60104), and any rules or regulations adopted pursuant thereto, the board shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations requiring the operator of an underground facility, located in Edison Township in Middlesex County and used solely for the intrastate distribution and transmission of natural gas, to replace a number of manually operated safety-related control valves with a number of automatic, remote-control, or motorized control valves. The board shall specify in the regulations adopted pursuant to this subsection the type and number of control valves to be replaced pursuant to this subsection, and the manner of activation of the replaced control valves, and shall set forth a schedule for the replacement of control valves required by this subsection. The board shall conduct a study of the manual and replaced control valves for a two year period and shall, within six months of the study’s conclusion, issue a report addressing the efficacy, efficiency, and practicality of the use of various control valves, and related matters.
(cf: P.L.1994, c.118, s.8.)
4. Section 14 of P.L.1994, c.118 (C.48:2-86) is amended to read as follows:
14. a. Whenever it appears to the board that a person has violated any provision of this act, or any rule, regulation or order adopted pursuant thereto, it may issue an order specifying the provision or provisions of this act, or the rule, regulation or order of which the person is in violation, citing the action which constituted the violation, ordering abatement of the violation, and giving notice to the person of his right to a hearing on the matters contained in the order. Such order shall be effective upon receipt and any person to whom such order is directed shall comply with the order immediately.
b. The board may institute an action or proceeding in the Superior Court for injunctive and other relief for any violation of this act, or of any rule or regulation adopted pursuant to this act and the court may proceed in the action in a summary manner. In any such proceeding the court may grant temporary or interlocutory relief, notwithstanding the provisions of R.S.48:2-24.
Such relief may include, singly or in combination:
(1) A temporary or permanent injunction; and
(2) Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and litigating the case under this subsection. Assessments under this subsection shall be paid to the State Treasurer.
The board or an affected operator may institute an action in the Superior Court to enjoin a person whose repeated failure to comply with the provisions of this act constitutes a threat to public safety from engaging in any further excavation or demolition work within the State, except under such terms and conditions as the Superior Court may prescribe to ensure the safety of the public.
c. The provisions of section 16 of this act to the contrary notwithstanding, a person who is determined by the board, after notice and opportunity to be heard, to have violated any provision of this act or any rule, regulation, or order adopted pursuant thereto with respect to a natural gas underground pipeline or distribution facility, or a hazardous liquid underground pipeline or distribution facility, shall be liable to a civil penalty not to exceed $25,000 for each violation for each day the violation continues[, except that the maximum civil penalty may not exceed $500,000 for any related series of violations].
Any civil penalty imposed pursuant to this subsection may be compromised by the board. In determining the amount of the penalty, or the amount agreed upon in compromise, the board shall consider the nature, circumstances, and gravity of the violation; the degree of the violator's culpability; any history of prior violations; the prospective effect of the penalty on the ability of the violator to conduct business; any good faith effort on the part of the violator in attempting to achieve compliance; the violator's ability to pay the penalty; and other factors the board determines to be appropriate.
The amount of the penalty when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the State to the person charged, or may be recovered, if necessary, in a summary proceeding pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). The Superior Court shall have jurisdiction to enforce the provisions of "the penalty enforcement law" in connection with this act.
d. Pursuit of any remedy specified in this section shall not preclude the pursuit of any other remedy, including any civil remedy for damage to an operator's underground facilities or for damage to a person's property, provided by any other law. Administrative and judicial remedies provided in this section may be pursued simultaneously.
(cf: P.L.1994, c.118, s.14.)
5. Section 16 of P.L.1994, c.118 (C.48:2-88) is amended to read as follows:
16. a. An operator or excavator, or the person who operates the One-Call Damage Prevention System, who violates any provision of this act or any rule or regulation or order adopted pursuant thereto shall be liable to a civil penalty of not less than $1,000 and not more than $2,500 per day for each day the violation continues[, except that the maximum civil penalty may not exceed $25,000 for any related series of violations].
b. Any civil action pursuant to subsection a. of this section may be brought in a court of this State by the board or by an affected operator. Nothing in this act shall affect any civil remedy for damage to an operator's underground facility or for actual damage to any person's property.
(cf: P.L.1994, c.118, s.16.)
6. Section 1 of P.L.1989, c.80 (C.48:9-33) is amended to read as follows:
1. a. [Any] Except as provided pursuant to P.L.1994, c.118 (C.48:2-73 et seq.), any person who is determined by the Board of Public Utilities, after notice and opportunity to be heard, to have violated the provisions of any law, rule, regulation, or order relating to natural gas pipeline safety shall be subject to a civil penalty of not more than $25,000 for each such violation for each day that the violation persists, except that the maximum civil penalty shall not exceed $500,000 for any related series of violations, except for a series of violations of P.L.1994, c.118 (C.48:2-73 et seq.).
b. Any civil penalty imposed pursuant to subsection a. of this section may be compromised by the board. In determining the amount of the penalty, or the amount agreed upon in compromise, the board shall consider the nature, circumstances, and gravity of the violation; the degree of the violator's culpability; any history of prior violations; the prospective effect of the penalty on the ability of the violator to conduct business; any good faith on the part of the violator in attempting to achieve compliance; his ability to pay the penalty; and any other factors justice may require. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the State to the person charged, or may be recovered in a summary proceeding instituted by the board in Superior Court in accordance with "the penalty enforcement law," N.J.S.2A:58-1 et seq.
c. Whenever it shall appear to the board that a person has violated, intends to violate, or will violate any provision of any law, rule, regulation, or order relating to natural gas pipeline safety, the board may institute a civil action in Superior Court for injunctive relief or for any other appropriate relief under the circumstances, and the court may proceed on any such action in a summary manner.
(cf: P.L.1994, c.118, s.20.)
7. This act shall take effect immediately.
STATEMENT
This bill would amend the "Underground Facility Protection Act" (P.L.1994, c.118, C.48:2-73 et seq.) to:
(1)Provide that the One-Call Damage Prevention System established by the act would include a geographical information system database containing the location of all underground facilities which could be provided by computer, phone or mail to excavators;
(2)Provide that operators of underground facilities would be required to mark the locations of all their underground facilities in the general area of a construction site, not just those in the immediate vicinity of the excavation;
(3)Direct the Board of Public Utilities to require, to the extent permitted by federal law, that owners of intrastate underground natural gas pipelines replace manually operated safety control valves with automatic, remote control, or motorized valves in Edison Township, Middlesex County for a two year period and to conduct a study of the valves during this time;
(4)Remove the $500,000 limitation on the amount of civil penalties which could be imposed for a series of violations of the act concerning a natural gas underground pipeline or distribution facility or a hazardous liquid underground pipeline or distribution facility; and
(5) Remove the $25,000 limitation on the amount of civil penalties which could be imposed for a series of violations of the act other than violations concerning natural gas and hazardous liquid underground facilities.
Amends "Underground Facility Protection Act."