Oklahoma § 63-142.9 - Damage to underground facilities

§ 63-142.9. Damage to underground facilities

A. When any damage occurs to an underground facility or its

protective covering, the operator thereof and the notification

center shall be notified immediately by any person who caused the

damage.

B. Upon receiving notice of such damage, the operator shall

promptly dispatch personnel to the location to effect temporary or

permanent repairs.

C. Should damage occur that endangers life, health or property,

the excavator responsible for the work shall keep all sources of

ignition away from the damaged area and shall take immediate action

to protect the public and property and to minimize the hazard until

arrival of the operator's personnel or until the appropriate police

or fire officials shall have arrived and taken charge of the damaged

area.

D. An excavator shall delay any backfilling in the immediate

area of the damaged underground facilities until the damage has been

repaired, unless the operator authorizes otherwise. The repair of

such damage must be performed by the operator or by qualified

personnel authorized by the operator.

Added by Laws 1981, c. 94, § 9, eff. Jan. 1, 1982. Amended by Laws

2017, c. 192, § 2, eff. Nov. 1, 2017; Laws 2021, c. 453, § 2, eff.

Nov. 1, 2021.

§63-142.9a. Damage to underground facilities – Liability Injunction.

A. Any excavator, except for a public agency who fails to

comply with the Oklahoma Underground Facilities Damage Prevention

Act and who damages an underground facility owned or operated by a

nonprofit rural water corporation organized pursuant to Section 863

of Title 18 of the Oklahoma Statutes or a rural water district

organized pursuant to the Rural Water, Sewer, Gas, and Solid Waste

Management Districts Act, shall be liable for the underground damage

to and responsible for the repair of such facilities. Any new

Oklahoma Statutes - Title 63. Public Health and Safety

underground facilities installed on and after September 1, 1992,

shall contain materials capable of being detected so that the

facilities can be accurately located.

B. Any excavator who damages or cuts an underground facility,

as a result of negligently failing to comply with the provisions of

the Oklahoma Underground Facilities Damage Prevention Act or as a

result of failing to take measures for the protection of an

underground facility shall be liable to the operator of the

underground facility for the repair of the damaged underground

facility.

C. Except for public agencies, any excavator who by willful act

or by reckless disregard of the rights of others, repeatedly

violates the provisions of the Oklahoma Underground Facilities

Damage Prevention Act and repeatedly damages underground facilities,

thereby threatening the public health, safety, and welfare, may be

enjoined by a court of competent jurisdiction from further

excavation.

Added by Laws 1992, c. 369, § 1, eff. Sept. 1, 1992. Amended by

Laws 2002, c. 412, § 2, eff. July 1, 2002; Laws 2003, c. 362, § 6,

eff. Nov. 1, 2003.