26 Del. C. § 807: Approved notification center.

(a) Utilities Service Protection Center of Delmarva, Inc. (USPCD) shall provide for the approved notification center.

(b) The approved notification center shall:

(1) Receive and record information prescribed by § 803 of this title regarding the location of facility owners’ or facility operators’ facilities within this State.

(2) Receive and record information prescribed by § 805 and § 806 of this title regarding notice by excavators or designers of intended excavation or demolition activity.

(3) Promptly transmit to the facility owners or facility operators identified in accordance with § 803 of this title, the information received as prescribed by paragraph (b)(2) of this section.

(4) Maintain records of each notice received in accordance with paragraph (b)(2) of this section for a period of not less than 6 years.

(5) Assign an identifying number to the notice prescribed in paragraph (b)(2) of this section.

(6) Notify those persons giving notice as prescribed by § 806 of this title, of the names of participating facility owners or facility operators to whom the notice will be transmitted as prescribed by paragraph (b)(3) of this section and approved notification center’s identifying number assigned (pursuant to paragraph (b)(5) of this section) to the notice prescribed in paragraph (b)(2) of this section.

(7) Provide a toll-free telephone number for use by any person providing notice as prescribed by §§ 803, 805, and 806 of this title.

(8) Identify persons who normally engage in excavation activities in this State.

(9) Notify the persons identified in paragraphs (b)(7) and (8) of this section and the general public as often as necessary to make them aware of:

a. The existence of the approved notification center.

b. The purpose and general requirements of this chapter.

c. How to learn the location of facilities before excavation or demolition activities are begun.

d. The toll-free telephone number provided as required by paragraph (b)(7) of this section.

(10) Promptly transmit to the appropriate contact of DNREC the information contained in the notice by excavators or designers of intended excavation or demolition activity as to any DNREC regulated site.

(11) Determine the maximum geographic area that shall constitute a valid single notification and to determine when multiple notifications shall be required of any person, including the method, type, and number of notifications in a complex project.

(12) The duties of the approved notification system are the duties set forth in this section, and the duties assigned to other parties in this act are the duties of those parties and are not imputed to the approved notification center. The approved notification center is not responsible for the accuracy of the information provided to it by a third-party concerning excavation notification, nor is it responsible for what is done with that information when it is provided to facility owners or facility operators. The approved notification center is not liable to any person for damages arising out of its nonnegligent actions in furtherance of the duties imposed under this act, and then is liable only if its negligence was the proximate cause of the damages claimed.

(13) All requests for information shall be reviewed and provided in accordance with the procedures established by the approved notification center’s board of directors or approved by them.