Okla. Stat. tit. 63, § 63-142.6

Marking or providing location of facilities - Emergencies.

A. Before an excavator shall demolish a structure, discharge

any explosive or commence to excavate in a highway, street, alley or

other public ground or way, on or near the location of an operator's

underground facilities, or a private easement, such excavator shall

first notify all operators in the geographic area defined by the

notification center who have on file with the notification center a

notice pursuant to Section 142.3 of this title to determine whether

any operators have underground facilities in or near the proposed

area of excavation or demolition. When an excavator has knowledge

that an operator does not have underground facilities within the

area of the proposed excavation, the excavator need not notify the

operator of the proposed excavation. However, an excavator shall be

responsible for damage to the underground facilities of an operator

if the notification center was not notified. When an excavator has

actual knowledge that an operator has unmarked hydrocarbon and

hazardous liquid underground facilities within the area of proposed

excavation, the excavator shall not commence excavation or

demolition until notice has been given and such facilities have been

marked. For purposes of this section, "actual knowledge" shall mean

direct and clear knowledge; provided, however, actual knowledge may

be demonstrated through circumstantial evidence and if the

circumstances are such that a defendant must have known, an

inference of actual knowledge is permitted. The excavator shall

maintain and preserve all hydrocarbon and hazardous liquid markings

for the duration of the excavation or demolition and shall notify

the notification center if such marks are no longer visible or are

removed and underground facilities have not been exposed. An

excavator must check for positive response at the notification

center prior to excavating or demolishing to ensure that all

operators have responded and that all facilities that may be

affected by the proposed excavation or demolition have been marked.

Notice shall be given no less than forty-eight (48) hours, excluding

the date of notification, Saturdays, Sundays and legal holidays,

prior to the commencement of the excavation or demolition. If a

positive response of watch and protect has been indicated, no

excavation may take place without the operator or its designated

representative present to observe the excavation within ten (10)

feet of the operator's markings of its existing underground

facility. Notice shall expire fourteen (14) calendar days from the

excavation start date. No excavation may continue after the notice

expiration unless subsequent notice has been submitted pursuant to

notice requirements. If excessive and unreasonable requests for

Oklahoma Statutes - Title 63. Public Health and Safety Page 1085

marking are made by an excavator when no excavation is taking place

prior to notice expiration, the excavator may be liable to the owner

or operator for the reasonable cost of such marking.

B. Each operator served with notice in accordance with

subsection A of this section either directly or by notice to the

notification center shall, prior to the date and time work is

scheduled to begin, unless otherwise agreed to between the excavator

and operator, locate and mark or otherwise provide the approximate

location of the underground facilities of the operator in a manner

as to enable the excavator to employ hand-dug test holes to

determine the precise location of the underground facilities in

advance of excavation. However, during any state of emergency

declared by the Governor or Legislature that impacts the area of

excavation or demolition, the time limitations of this subsection

shall be inapplicable. Each operator shall provide a positive

response to the notification center prior to the expiration of the
holes to

determine the precise location of the underground facilities in

advance of excavation. However, during any state of emergency

declared by the Governor or Legislature that impacts the area of

excavation or demolition, the time limitations of this subsection

shall be inapplicable. Each operator shall provide a positive

response to the notification center prior to the expiration of the

required notice period. This response shall indicate the status of

the required activities of the operator or designated representative

in regard to the proposed excavation or demolition. For the purpose

of the Oklahoma Underground Facilities Damage Prevention Act, the

approximate location of the underground facilities shall be defined

as a strip of land two (2) feet on either side of such underground

facilities. If a positive response to watch and protect is

indicated, the operator shall provide the name and phone number of

the contact who shall be present for observation and a designated

operator representative shall be on site at the ticket date and time

agreed upon in writing by the excavator and operator. Whenever an

operator is served with notice of an excavation or demolition and

determines that the operator does not have underground facilities

located within the proposed area of excavation or demolition, the

operator shall communicate this information to the excavator

originating the notice prior to the commencement of such excavation

or demolition.

C. The only exception to subsection A of this section shall be

when an emergency exists that endangers life, health or property.

Under these conditions, excavation operations may begin immediately,

providing reasonable precautions are taken to protect underground

facilities. All operators of underground facilities within the area

of the emergency must be notified promptly when an emergency

requires excavation prior to the location of the underground

facilities being marked. If requests for emergency locates are made

by an excavator when there is no emergency, the excavator may be

liable to the owner or operator for the reasonable cost of emergency

response.

D. Every notice given by an excavator to an operator pursuant

to this section or to the notification center pursuant to Section

Oklahoma Statutes - Title 63. Public Health and Safety Page 1086

142.3 of this title shall contain at least the following

information:

1. The name of the individual serving such notice;

2. The location of the proposed area of excavation or

demolition;

3. The name, address and telephone number of the excavator or

excavator's company;

4. The name and phone number of an excavator field contact with

actual knowledge of the excavation site and project;

5. The type and the extent, not to exceed five hundred (500)

linear feet in incorporated areas or one (1) linear mile in

unincorporated areas, of the proposed work;

6. Whether or not the discharging of explosives is anticipated;

and

7. The date and time when work is to begin.

E. In marking the approximate location of underground

facilities, an operator shall follow the standard color coding

described herein:

OPERATOR AND TYPE OF PRODUCT SPECIFIC GROUP IDENTIFYING COLOR

Electric Power Distribution

Gas Distribution and

Oil Distribution and

Dangerous Materials, Product

Telephone and Telegraph

Police and Fire