Sec. 16-349. Notice of proposed excavation, discharge of explosives or demolition. Except as provided in section 16-352, a person, public agency or public utility
responsible for excavating or discharging explosives at or near the location of public
utility facilities or demolishing a structure containing a public utility facility shall notify
the central clearinghouse of such proposed excavation, discharge or demolition, orally
or in writing, at least two full days, excluding Saturdays, Sundays and holidays, but not
more than thirty days before commencing such excavation, demolition or discharge of
explosives. Such notice shall include the name, address and telephone number of the
entity giving notice, the name of the person, public agency or public utility performing
the work and the date, location and type of excavation, demolition or discharge of explosives. The central clearinghouse shall immediately transmit such information to the
public utilities whose facilities may be affected. In the event the proposed excavation,
demolition or discharge of explosives has not commenced within thirty days of such
notification, or the excavation, demolition or discharge of explosives will be expanded
outside of the location originally specified in such notification, the person, public agency
or public utility responsible for such excavation, demolition or discharge of explosives
shall again notify the central clearinghouse at least two full days, excluding Saturdays,
Sundays and holidays, but not more than thirty days before commencing or expanding
such excavation, demolition or discharge of explosives.
(P.A. 77-350, S. 5; 77-614, S. 162, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-482, S. 166, 348; P.A. 87-71, S. 3, 13.)
History: P.A. 77-614 and P.A. 78-303 replaced public utilities control authority with division of public utility control
within the department of business regulation, effective January 1, 1979; P.A. 80-482 made division an independent department and deleted reference to abolished department of business regulation; P.A. 87-71 made technical changes, eliminated
the option of providing notice of excavation or demolition to the department of public utility control, and required additional
notice if the excavation or demolition has not commenced within thirty days of the original notice or will expand outside
the location originally specified.
See Sec. 16-356 re penalty for failure to give required notice.
Sec. 16-350. Permits to require compliance with chapter. Evidence re. Any
permit issued by a public agency for excavation, demolition or discharge of explosives
shall require compliance with this chapter. No such permit shall be issued by any public
agency unless such public agency receives satisfactory evidence from the person, public
agency or public utility seeking such permit that the requirements of this chapter have
been met. Such evidence shall be obtained from the central clearinghouse and shall be
in such form as the department may prescribe by regulations pursuant to section 16-357.
(P.A. 77-350, S. 6; P.A. 87-71, S. 4.)
History: P.A. 87-71 required evidence of compliance with chapter 293 to be obtained from the central clearinghouse
and furnished to the appropriate public agency prior to the issuance of any permit for excavation, demolition or discharge
of explosives.
Sec. 16-351. Information and assistance re location of underground facilities.
A public utility receiving notice pursuant to section 16-349 shall inform the person,
public agency or public utility proposing to excavate, discharge explosives or demolish
a structure of the approximate location of its underground facilities in the area in such
manner as will enable such person, public agency or public utility to establish the precise
location of the underground facilities, and shall provide such other assistance in establishing the precise location of the underground facilities as the department may require
by regulation pursuant to section 16-357. Such person, public agency or public utility
shall designate the area of the proposed excavation, demolition or discharge of explosives as the department may prescribe by regulation. The public utility receiving notice
shall mark the approximate location of its underground facilities in such manner and
using such methods, including color coding, as the department may prescribe by regulation. If the precise location of the underground facilities cannot be established, the person, public agency or public utility shall so notify the public utility whose facilities may
be affected, which shall provide such further assistance as may be needed to determine
the precise location of the underground facilities in advance of the proposed excavation,
discharge of explosives or demolition.
(P.A. 77-350, S. 7; 77-614, S. 162, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-482, S. 167, 348; P.A. 87-71, S. 5; 87-589, S. 61, 87.)
History: P.A. 77-614 and P.A. 78-303 replaced public utilities control authority with division of public utility control
within the department of business regulation, effective January 1, 1979; P.A. 80-482 made division an independent department and deleted reference to abolished department of business regulation; P.A. 87-71 made technical changes and revised
provisions concerning the marking of the location of underground utility facilities; P.A. 87-589 added "as the department
may prescribe by regulation".
Sec. 16-352. Emergency excavation, demolition or discharge of explosives. (a)
In case of emergency involving danger to life, health or property or which requires
immediate correction to continue the operation of a major industrial plant, or to assure
the continuity of public utility service, excavation or demolition without explosives may
be made without the two day notice required by section 16-349 provided notice thereof
by telephone is given as soon as reasonably possible.
(b) In case of an emergency involving an immediate and substantial danger of death
or serious personal injury, explosives may be discharged if notice thereof is given at
any time before discharge.
(P.A. 77-350, S. 8.)
See Sec. 16-356 re penalty for failure to give required notice.
Sec. 16-353. Relation of chapter to permits and other laws. Except as provided
in section 16-350 this chapter shall not be construed to affect or impair local ordinances,
charters or other provisions of law requiring permits to be obtained before excavating
in a public highway or to demolish structures on private property, nor shall it be construed
to grant to any person or public agency any rights not specifically provided by this
chapter. A permit from a public agency shall not relieve any person from responsibility
for complying with the provisions of this chapter. The failure of any person who has
been granted a permit to comply with the provisions of this chapter shall not be deemed
to impose any liability upon the public agency issuing the permit.
(P.A. 77-350, S. 9.)
Sec. 16-354. Care to be exercised near underground facilities. Requirements
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 department shall prescribe by regulation 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 gas facilities are likely
to be exposed, only hand digging shall be employed.
(P.A. 77-350, S. 10; P.A. 87-71, S. 6.)
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.
Sec. 16-355. Procedure when contact is made with or damage is suspected or
done to underground facilities. When any contact is made with or any damage is
suspected or done to any underground facility of a public utility, the person, public
agency or public utility responsible for the operations causing the contact, suspected
damage or damage shall immediately notify the public utility whose facilities have been
affected, which shall dispatch its own personnel as soon as reasonably possible to inspect
the underground facility and, if necessary, effect temporary or permanent repairs. If a
serious electrical short is occurring or if dangerous fluids or gas are escaping from a
broken line, the person, public agency or public utility responsible for the operations
causing the damage shall alert all persons within the danger area and take all feasible
steps to insure the public safety pending the arrival of repair personnel. As used in
this section, "contact" includes, without limitation, the striking, scraping or denting,
however slight, of any underground utility facility, the structural or lateral support of
an underground utility line and any underground utility line protective coating, housing
or other protective device.
(P.A. 77-350, S. 11; P.A. 87-71, S. 7, 13.)
History: P.A. 87-71 required immediate notice to public utilities of any contact with or suspected damage to their
underground facilities, required such public utilities to inspect such facilities as soon as possible, and defined the term
"contact".
Sec. 16-356. Civil penalty. Application for hearing. Any person, public agency
or public utility which the Department of Public Utility Control determines, after notice
and opportunity for a hearing as provided in section 16-41, to have failed to comply
with any provision of this chapter or any regulation adopted under section 16-357 shall
forfeit and pay to the state a civil penalty of not more than forty thousand dollars, provided any violation involving the failure of a public utility to mark the approximate
location of underground facilities correctly or within the timeframes prescribed by regulation, which violation did not result in any property damage or personal injury and was
not the result of an act of gross negligence on the part of the public utility, shall not result
in a civil penalty of more than one thousand dollars. Notwithstanding the provisions
contained in subsection (d) of section 16-41, the person, public agency or public utility
receiving a notice of violation pursuant to subsection (c) of section 16-41 shall have
thirty days from the date of receipt of the notice in which to deliver to the department
a written application for a hearing.
(P.A. 81-146, S. 3; P.A. 87-71, S. 8; P.A. 90-221, S. 9, 15; P.A. 04-43, S. 1.)
History: P.A. 87-71 added references to Sec. 16-41 and provided for a thirty-day period to request a hearing after
receiving notice of violation; P.A. 90-221 made technical change in section; P.A. 04-43 changed maximum penalty from
ten thousand dollars to forty thousand dollars and specified a maximum penalty of one thousand dollars for failure to mark
the approximate location in cases where no property damage, personal injury or gross negligence occurred.
Sec. 16-357. Regulations. The Department of Public Utility Control shall adopt
regulations, in accordance with the provisions of chapter 54, to the extent necessary to
ensure compliance with this chapter. Such regulations shall be designed to protect the
public safety and shall prescribe (1) the duties and responsibilities of persons, public
agencies and public utilities with respect to excavating, discharging explosives or demolition in proximity to any public utility underground facility and (2) a schedule establishing the amounts which may be assessed as civil penalties for violations of this chapter,
as provided in section 16-356, based upon the nature and severity of the violation and
the number of past violations, but not to exceed the maximum penalty contained in said
section. The department shall revise the regulations adopted pursuant to this section
regarding a graduated schedule of civil penalties assessed pursuant to section 16-356
and the criteria by which the department determines the amount of such civil penalties.
(P.A. 87-71, S. 9, 13; P.A. 04-43, S. 2.)
History: P.A. 04-43 added provision requiring department to revise regulations re civil penalties.
Sec. 16-358. Underground gas facilities report. Requirements re. (a) Every gas
company, as defined in section 16-1, owning or operating any underground facilities
for furnishing gas shall, every two years, beginning on or before April 1, 1997, furnish
a report to the Department of Public Utility Control concerning the condition of such
underground gas facilities for each of the previous two calendar years. The report shall
be made available to the public and shall be furnished to the chief executive officer of
each municipality in which such underground gas facilities are located, the regional
planning agency which encompasses each such municipality, the Attorney General, the
president pro tempore of the Senate, the speaker of the House of Representatives, the
joint standing committee of the General Assembly having cognizance of matters relating
to public utilities, any other member of the General Assembly making a request to the
department for the report and such other state and municipal bodies as the department
may designate by regulation. The report shall include: (1) Information concerning the
age and condition of such underground gas facilities; (2) data on all major repairs to
such underground gas facilities undertaken during the reporting period; (3) plans for
replacing aged, deteriorated and obsolete piping; (4) plans for the construction of new
underground gas facilities; and (5) such other information as the department may require
by regulation.
(b) The Department of Public Utility Control shall review and may conduct a public
hearing on each report required by subsection (a) of this section. The department may
require a gas company to submit additional information to explain or substantiate items
contained in the report or to address specific matters not contained in the report and
may issue such remedial orders as the department deems necessary to eliminate hazards
to public safety and prevent interruptions in gas service to consumers.
(P.A. 87-71, S. 10, 11, 13; P.A. 96-46, S. 4; June Sp. Sess. P.A. 98-1, S. 9, 121.)
History: P.A. 96-46 amended Subsec. (a) to require gas companies to furnish reports every two years rather than
annually and amended Subsec. (b) to make provision re the department conducting a public hearing discretionary rather
than mandatory; June Sp. Sess. P.A. 98-1 made a technical change to Subsec. (a), effective June 24, 1998.
Sec. 16-359. Compliance and enforcement report. Every two years, beginning
October 1, 1997, the Department of Public Utility Control may submit a report concerning compliance with and enforcement of the provisions contained in this chapter to the
joint standing committee of the General Assembly having cognizance of matters relating
to public utilities. Such reports shall be based upon data assembled for the most recent
twenty-four-month period and shall include, without limitation, the number of notifications made to the central clearinghouse, a detailed listing of accident, damage and injury
reports and a detailed listing of enforcement actions brought and civil penalties imposed
by the department. Such report shall also contain the findings and recommendations of
the department with respect to the improvement of compliance with and enforcement
of the provisions contained in this chapter and an evaluation of the overall condition of
the state's underground gas facilities, including the potential for harm to the public
and disruption of service resulting from aged, deteriorated and obsolete underground
facilities.
(P.A. 87-71, S. 12, 13; P.A. 96-46, S. 5; June Sp. Sess. P.A. 98-1, S. 10, 121.)
History: P.A. 96-46 changed reporting requirement from annually to every two years, made submittal of report discretionary rather than mandatory, and deleted provisions re contents of initial report; June Sp. Sess. P.A. 98-1 made a technical
change, effective June 24, 1998.