Guam § 71105 - Response to Notice of Intent to Excavate or Demolish.

§ 71105. Response to Notice of Intent to Excavate or Demolish.

(a) Each operator notified in accordance with § 71104 of this

Chapter, shall, not less than five (5) working days in advance of the

proposed excavation or demolition (unless a shorter period is provided by

agreement between the person responsible for the excavation or demolition

and the operation), supply, by use of maps when appropriate, the following

information to the person responsible for the excavation or demolition:

(1) The approximate location and description of all of its

underground utilities which may be damaged as a result of the

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excavation or demolition, including as built drawings of the utilities or

underground facilities maintained by the operator filed at the

Department of Public Works in accordance with § 66210 of Title 21,

Guam Code Annotated, if available.

(2) The location and description of all utility markers indicating

the approximate location of the underground utilities.

(3) Any other information that would assist that person in locating

and thereby avoiding damage to the underground utilities including,

the provision of adequate temporary markings indicating the

approximate location of the underground utility in locations where

permanent utility markers do not exist.

(b) For purposes of this Section, the approximate location of

underground utilities is defined as a strip of land at least three (3) feet wide

but not wider than the width of the utility plus 1.5 feet on either side of the

utility.

(c) Failure by the operator to maintain and provide information

described in subsection (a) above as built drawings from Department of

Public Works’ or its own records existing prior to the excavation or

demolition, shall preclude operator from recovering for repair of damages

to underground utilities, facilities, or lines as provided for in Chapter 71.”

(d) The operator shall not be liable for repair of damages to

underground utilities, facilities, or lines when it is determined that the

damages occurred within an area cleared by the information described in (a)

above.