Page 8 - AR811 2023 issue 1

1 (8)(12) “Operator” means any person that owns or operates an
2 underground facility;
3 (9)(13) “Person” means any individual, any corporation,
4 partnership, association, improvement district, property owners' association,
5 property developer, public agency, or any other entity organized under the
6 laws of any state or any subdivision or instrumentality of a state, and any
7 employee, agent, or legal representative thereof;
8 (10)(14) “Preengineered project” means a public project wherein
9 the public agency responsible for the project, as part of its engineering and
10 contract procedures, holds a formal meeting prior to before the commencement
11 of any construction work on the project in which all persons determined by
12 the public agency to have underground facilities located within the
13 construction area of the project are invited to attend and given an
to verify or inform the public agency of the location of their facilities, if any, within the construction area and wherein the all known underground facilities are located or noted on the drawing and specifications for the project;
(11)(15) “Public agency” means the state or any board,
or agency of the state and any city, town, county, subdivision
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14 opportunity
15 underground
16 location of
17 engineering
18
19 commission,
20 thereof, or other governmental entity;
21 (12)(16) “Right-of-way” means any area along which an
22 underground facility is located;
23 (13)(A)(17)(A) “Underground facility” means any line, system,
24 and appurtenance or facility that is:
25 (i) Located beneath the ground surface or beneath
26 structures, streets, roads, alleys, sidewalks, or other public rights-of-way;
27 and
28 (ii) Used for producing, storing, conveying,
29 transmitting, or distributing communications, data, electricity, gas, heat,
30 water, steam, chemicals, television or radio transmissions or signals, or
31 sewage.
32 (B) “Underground facility” does not include:
33 (i) Privately owned service lines:
34 (a) Used solely for the purpose of
35 transporting communications, data, electricity, gas, heat, water, steam,
36 chemicals, television or radio transmissions or signals, or sewage for the
6 • Arkansas 811 Magazine 2023, Issue 1
3 02/21/2023 09:22:36 AM ANS231