Page 12 - AR811 2023 issue 1

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Damage Prevention Act, is amended to read as follows:
(a) Compliance with notice requirements of § 14-271-112 is not
required for:
(1) The moving of earth that is not on a right-of-way or within
an easement of an operator using specialized equipment that is specifically designed to excavate without damaging underground facilities, including without limitation equipment that excavates using pressurized water or air coupled with a vacuum system or by tools manipulated only by human or animal power;
(2) The moving of earth by an operator that is on a right-of-way or within an easement of the operator using specialized equipment that is specifically designed to excavate without damaging underground facilities, including without limitation equipment that excavates using pressurized water or air coupled with a vacuum system or by tools only manipulated by human power and exclusively for the purposes of system maintenance and leak detection;
(3) Any agricultural purposes, including any form of cultivation for agricultural purposes, digging for postholes on private property, construction and maintenance of farm ponds, land clearing, or other normal agricultural purposes that are not on a right-of-way of an operator;
(4) The opening of a grave in a cemetery that is not on a right- of-way of an operator; or
(5) Routine road work and general maintenance as performed in the right-of-way by state or county maintenance departments, but excluding any work or maintenance involving any demolition or excavation.
SECTION 4. Arkansas Code § 14-271-110 is amended to read as follows:
14-271-110. Notifying operators of underground facilities — Identification of location.
(a)(1) Within four (4) working hours after receiving notification of intent to from an excavator that intends to excavate or demolish within an area marked in white, the One Call Center shall in turn notify all member operators of underground facilities in the affected area of the proposed activity.
(2)(A)(i) Unless otherwise agreed to in writing between the excavators excavator and the operator or contract locator, within two (2)
7 02/21/2023 09:22:36 AM ANS231
SB297
10 • Arkansas 811 Magazine 2023, Issue 1