West Virginia operators respond to excavation notices about buried lines

Operators respond to one-call notices by giving excavators facility locations and types, marking locations temporarily, or reporting that no lines are in the work area. This applies when the one-call system receives notice of a specific area where excavation or demolition will take place. The operator and excavator may agree in writing or electronically to extend the response time. Operators must respond within 48 hours, excluding weekends and legal holidays. The period starts at midnight after the one-call system receives notice; both sides may agree to more time.

The board requires training or imposes civil penalties for violations; it may also require an excavator who failed to give notice to stop or delay work until complying. These rules apply to people who fail to notify the one-call system or violate rules under the article. A first violation requires training. For a second violation within five years, the board may require training, a penalty of up to $500 per incident, or both. A third or later violation within five years brings a penalty of up to $2,500 per incident. For gross negligence or willful or wanton misconduct, the board must require training and may impose a penalty of up to $5,000 per incident. The person must pay for required training. Repeat violations count within a five-year period. The board applies training and penalties when it enforces a violation.