{"data":{"id":"us-de/26-del.-c.-806","jurisdiction":"us-de","citation":"26 Del. C. § 806","heading":"Duties of excavators.","body":"(a) Prior to undertaking any excavation or demolition activities, it shall be the duty of each excavator to:\n(1) Ascertain the contact information of the approved notification center.\n(2) Notify the approved notification center not less than 3 business days, but no more than 12 business days, prior to the day of the commencement of such work of the following:\na. The name of the person notifying the approved notification center.\nb. The name, address, email address, and telephone number of the excavator.\nc. The specific location, starting date and description of the intended excavation or demolition activity. If exact location cannot be determined, white line marking is highly recommended.\nd. All tickets shall conform to the following:\n1. The location of excavation or demolition is limited to a maximum length of 1,320 continuous feet.\n2. If a proposed excavation is of such size or length that the facility owner cannot mark it within 2 days, then an excavator shall notify the owner where excavation will first be made and the remainder shall be marked by the owner within a reasonable time thereafter.\n3. On extensive or contiguous construction, an excavator and a facility owner may enter into working agreements regarding the time periods for marking the excavation.\n4. Individual tickets are required for any lot or parcel that is noncontiguous.\n(3) Ascertain the location and type of facilities, and information prescribed by § 803(5) of this title and the identifying number or numbers assigned (pursuant to § 807 of this title) by the approved notification center in response to the notice prescribed in paragraph (a)(2) of this section by contacting the owner/operator/excavator information exchange system.\n(4) Inform each person employed by the excavator at the site of such work of the information obtained pursuant to paragraph (a) (3) of this section. No excavation may begin until a positive response code of clear or no conflict or marked is received through the positive response system from each facility owner or facility operator through the Owner/Operator/Excavator Information Exchange System.\n(5) Maintain in a prudent and careful manner all markings provided by facility owners or facility operators in accordance with the provisions of § 803 of this title and, in the event of the obliteration, destruction or removal of the markings, the excavator shall notify the approved notification center of the need for remarking of utility line by the operators. In the event of the obliteration, destruction, or removal of the markings, the excavator shall notify the approved notification center and follow § 806(a)(2) of this title.\n(6) If visible and obvious evidence of the presence of an unmarked facility exists, the excavator shall attempt to designate the location of the facility prior to excavating through the means of a second request notification through the approved notification center positive response information system. The facility owner or facility operator, or facility owner’s or facility operator’s subsequent agents designated for facility locations, will have a maximum of 2 hours to respond to this request and designate the location of the unmarked facility.\n(7) Excavate prudently and carefully and to take all reasonable steps necessary to properly protect, support and backfill underground facilities. This protection shall include but may not be limited to hand digging, within the limits of the planned excavation or demolition, starting 2 feet of either side of the extremities of the underground facility line for other than parallel type excavations and at reasonable distances along the line of excavation for parallel type excavations.\n(8) Report immediately to the facility owner or facility operator any break in, or leak on, its facilities, any dent, gouge, groove, or other damage to such facilities or to the coating or cathodic protection made or discovered in the course of the excavation or demolition work.\n(9) Alert immediately the occupants of any premise as to any emergency that the excavator may create or discover at or near such premises. Immediately notify 911 and the facility owner or facility operator if damage to a facility by the excavator results in the escape of any flammable, toxic or corrosive gas or liquid, or other event that endangers life, health, or property. The excavator shall take reasonable measures, based upon the excavator’s knowledge, training, resources, experience, and understanding of the situation to protect the excavator, the excavator’s employees, and those in immediate danger, and the environment, until the facility owner or facility operator or emergency responders have arrived, and shall remain on site to convey pertinent information to responders until directed to leave.\n(10) No excavation may begin until a positive response code of clear or no conflict or marked is received through the positive response system from each facility owner or facility operator through the owner/operator/excavator information exchange system. The scheduled notification date shall exclude the date upon which notification was received by the approved notification center and shall exclude notification received on a Saturday, a Sunday, or a holiday, and such notifications shall be processed by the approved notification center as of the first business day following receipt.\n(11) In the case of complex project, a preconstruction meeting shall take place at any time prior to the commencement of excavation, and the excavator, facility owner or facility operator, designer, or the facility owner’s or facility operator’s agents, shall attend the meeting. Notice of the meeting shall be given sufficiently in advance so as to permit attendance, either in person or otherwise, by the parties above, and shall include information sufficient to identify the scope of the work. Any facility owner or facility operator with facilities at the site may request a meeting with the excavator and such a meeting shall be held between the excavator and the facility owner or facility operator requesting the meeting.\n(12) To exercise due care; and to take all reasonable steps necessary to avoid injury to or otherwise interfere with all facilities where positions have been provided to the excavator by the facility owners or facility operators pursuant to this act. The excavator shall employ prudent techniques, which may include test holes, to ascertain the precise location of such facilities.\n(13) An excavator shall assist a facility owner or facility operator in determining the involvement of the facility owner’s or facility operator’s facilities by disclosing additional available information requested by the facility owner or facility operator, including dimensions and the direction of the proposed excavation.\n(14) If using horizontal directional drilling (HDD), the excavator shall use the best practices published by the current best practices.\n(15) If, after receiving information from the approved notification center or directly from a facility owner or facility operator, the excavator decides to change the location, scope or duration of a proposed excavation, the excavator shall notify the approved notification center of the change.\n(16) Excavators are encouraged to use test holes to ascertain the precise location of all facilities within 5 feet of the excavation and shall take extra precautions within the tolerance zone, as outlined in § 802 of this title. Excavators shall use test holes to ascertain the precise location of all facilities that contain hazardous or flammable substances within 5 feet of marked facilities such as natural gas or petroleum pipelines. If a test hole is dug and the facility is not found, the excavator shall cease excavation and notify the facility owner or facility operator of this fact immediately.\n(b) The requirements of paragraphs (a)(1) through (6), (10), (11), (13), and (15) of this section shall not apply to an excavator performing excavation or demolition work in any emergency. However, excavators performing excavation or demolition activities in an emergency shall notify the approved notification center at the earliest practicable moment of the information prescribed in paragraph (a)(2) of this section.","path":["Title 26. Public Utilities","CHAPTER 8. Underground Utility Damage Prevention and Safety","Subchapter I. Underground Utility Damage Prevention and Safety Act"],"source_url":"https://delcode.delaware.gov/title26/c008/sc01/index.html#806","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:31Z","sha256":"a11df7a101b9fed8c68989b95e0f16097a0f3f9c7e97b7d6088a3ae55a1b343a","source_id":"us-de","stale":true,"prev":"us-de/26-del.-c.-805","next":"us-de/26-del.-c.-807"},"notice":"GroundRules: Original legal text. Not legal advice."}