Connecticut § 16-354 - Care to be exercised near underground facilities. Notification and abatement of hazards. Power to stop work re.

§ 16-354. Care to be exercised near underground facilities. Notification and abatement of hazards. Power to stop work re.

Sec. 16-354. Care to be exercised near underground facilities. Notification and abatement of hazards. Power to stop work re. A person, public agency or public utility responsible for excavating, discharging explosives or demolition shall exercise reasonable care when working in proximity to the underground facilities of any public utility and shall comply with such safety standards and other requirements as the authority shall prescribe by regulations adopted pursuant to section 16-357. If the facilities are likely to be exposed, such support shall be provided as may be reasonably necessary for protection of the facilities. If excavation is within the approximate location of facilities containing combustible or hazardous fluids or gases, only hand digging or soft digging shall be employed. As used in this section, “soft digging” means a nonmechanical and nondestructive process used to excavate and evacuate soils at a controlled rate, using high pressure water or air jet to break up the soil, often in conjunction with a high power vacuum unit to extract the soil without damaging the facilities. In the event that an immediate life-threatening hazard resulting from a wilful violation of this chapter, or of such regulations adopted pursuant to section 16-357, is identified, the utility commissioners, as defined in section 16-1, or their designees, shall immediately notify the person, public agency or public utility responsible for excavating, discharging explosives or demolition of said hazard and violation. Upon receipt of such notification, the person, public agency or public utility responsible for excavating, discharging explosives or demolition shall promptly abate said hazard and violation. In the event that said hazard and violation is not abated in a reasonable time frame, the utility commissioners, or their designees, shall have the authority to cause the excavation, discharge of explosives or demolition to cease immediately until said hazard and violation have been abated.

(P.A. 77-350, S. 10; P.A. 87-71, S. 6; P.A. 13-5, S. 26; P.A. 14-94, S. 45; P.A. 22-20, S. 11.)

History: P.A. 87-71 required persons, public agencies and public utilities to comply with department of public utility control safety standards and requirements for working near underground utility facilities; P.A. 13-5 replaced “department” with “authority”, effective May 8, 2013; P.A. 14-94 deleted provision re support to be provided for protection of exposed facilities, replaced provision re gas facilities likely to be exposed with provision re excavation within approximate location of facilities containing combustible or hazardous fluids or gases, added reference to and defined “soft digging”, and made a technical change, effective October 1, 2015; P.A. 22-20 added provisions re notification by the utility commissioners or their designees of certain hazards, mandatory abatement of the hazards, and the utility commissioners' or designees' authority to stop work if the hazards are not abated in a reasonable time frame.