First Quarter 2018 Dig Law Update

Dig Law Update

First Quarter 2018


News

New GovDelivery

If you're reading this newsletter, you have most likely noticed that we are using a new subscription management system to get you the Dig Law Update. Starting with this edition, and going forward, we will be using GovDelivery to bring you updates and news. We hope you like it as much as we do!


Mouse

Filing a Complaint

Did a facility operator take a week to respond to your locate request, not show up at all, or incorrectly locate its facilities? 

Was your facility damaged because an excavator didn't call for a locate or because the excavator dug outside the boundaries of the locate ticket? If so, you can file a complaint with the Washington Dig Law Safety Committee.

Complaints are typically reviewed within 60 days. You will be required to present your case to the panel and provide any supporting documentation.


DIRT

DIRT Reporting

See Washington's underground utility damage reports for the past five years in the UTC's quarterly analysis of DIRT reports

The information in these reports help stakeholders target areas in need of outreach and education. Make sure you are registered with the UTC's Virtual Private DIRT

If you need assistance navigating the program, contact Lynda Holloway.


DIRT FORM

New Dirt Form

After more than 10 years of DIRT data collection, the Common Ground Alliance updated the DIRT form. Changes took effect  Jan. 1, 2018. 

To download a copy of the new form click here: Fresh DIRT Form


Digging

Enforcment Actions

Through Washington Dig Law Safety Committee referrals and UTC initiated investigations of damage to gas facilities without locates, more than 50 penalty assessments have been issued for dig law violations since 2014.

For more information about these cases, read our official news releases.

 To view the entire list of enforcement actions, click here

If you have additional questions about this process, contact  Lynda Holloway

Locator and Dig Safe Training

Locator 1

More than 300 enthusiastic people, who were eager to learn and improve their skills, attended either Staking Utility Locator training, NUCA Dig Safe training, or both.  

The classes were held in Lynnwood, Renton, Spokane, Richland, Yakima, Vancouver and Longview, beginning early this year, and wrapping up in April.  

The trainings were offered completely free of charge to participants, using Damage Prevention Account funds, which were collected by the UTC through enforcement actions for violations of the Dig Law. 

Watch for more training opportunities later this year and early 2019.  

Thank you to our trainers, John Foster, Jon Cornelius, Kemp Garcia, and Don Evans. Additional thanks to the following organizations who  provided training rooms: Alderwood Water and Wastewater District, City of Renton Maintenance Shop, Richland Public Library, Yakima County Road Maintenance Shop, Lower Columbia Contractor’s Association, and Enduris. 


Kathy Boykin

Kathy B

Kathy has been the Executive Director and Business Manager of the Inland Empire Utility Coordinating Council (IEUCC) for more than 27 years. She learned about the position from her husband, Chuck, a utility general manager, after he attended a Spokane Call Before You Dig meeting. From there, Kathy was hooked.

She has been one of the biggest advocates of the CBYD program in Washington. She routinely takes cupcakes to a local radio station that then gives her air-time to promote the CBYD message.  

While she has spent many hours promoting 811 in many different ways, her favorite medium to advertise is through science fairs at local schools. 

Kathy has found that kids are very interested in learning about the program, and they will ultimately be our future excavators.   

Kathy was born in Williston, ND, and grew up in Sidney and Havre, MT, with her dad, who was a General Motors new car dealer, and mom, who raised Kathy and her five younger sisters. In high school, Kathy worked for a couple years at the merchandise pick-up counter at Montgomery Ward. After earning her business degree from Eastern Washington University, she worked for an accounting firm until her children were born. 

In her spare time, Kathy enjoys yard work and reading, with her favorite topic being history. She also volunteers at St Joseph’s Church in Otis Orchards. 

Kathy’s favorite vacation destination is Alaska, and she has traveled there 10 times in 20 years. Katmai National Park on the Aleutian Peninsula is by far her favorite spot, with the opportunity to watch grizzly bears finishing up their fishing season. 

Kathy also enjoys spending time with husband Chuck, their children Catherine, Craig, and Charlene, who helps out in the office.  

She also has three very special grandsons, Jackson, Wyatt, and Christopher, who are all teenagers and getting close to getting their driver’s licenses!


Don's Thoughts

Don E.

RCW 19.122.030(1)(a) Excavator and facility operator duties before excavation, states: “Unless exempted under RCW 19.122.031, before commencing any excavation, an excavator must mark the

boundary of the excavation area with white paint applied on the ground of the worksite, then provide notice of the scheduled commencement of excavation to all facility operators through a one-number locator service.” 

Or, put another way, “Before you start a planned dig, first mark the dig site with white paint. Then notify 811 to submit a dig ticket. The dig ticket will contain all necessary details to help facility operators locate and mark their buried lines below your planned excavation site.”  

Here’s a question for you to ponder: If you marked the dig area in white (as required by law) and included additional requests in the remarks section of your reuqest, what are locators required to do if your remarks and your white mark conflict?  

Here is a real life example: A ticket states work will take place at a specific address on the east side of the building. "Area marked in white box" is checked. The ticket also includes these remarks: "Mark entire perimeter."  

If the locator only marks the buried utilities within the area marked in white, and ignores the “mark the entire perimeter” comment, has that locator violated the law? One of the first complaints submitted to the Washington State Dig Law Safety Committee was formed around this same scenario. In the complaint an excavator damaged a buried line while digging outside the area they marked in white, but within the area they described in their 811. The excavator had also included the request to mark all easements in/out of the property including the opposite side of street. 

The facility operator provided proof they had marked their lines within the area marked in white. The excavator argued facility operators should locate and mark their lines within the white paint and the area provided in remarks. 

The decision by the Safety Committee went against the excavator and was backed up by the Utility Transportation Commission legal advisors: Areas marked in white takes precedent. 

Next article: How To Mark Proposed Dig Site in White

- Don Evans


Call Before You Strike

Bowling

The 2nd Annual Call Before You Strike bowling event was held at Lake Bowl in Moses Lake on March 30. 

The event was hosted by the Grant/Adams UCC and brought in 12 teams, for a total of 63 players, and a lot of spectators. Bowlers were treated to a prime rib dinner, prior to bowling three games. By the end of the evening, many prizes and give-a-ways were handed out.

The evening was big success due to the help of sponsors Paradigm and ELM and Todd Knittel and the Grant/Adams UCC, for all their organization and hard work. 

The event was a great way to spread the word about the importance of not “striking” something underground by first calling 811 to have utilities marked. Organizers also remind us to watch for the "811 Call Before You Divot" golf event also in Moses Lake on August 10!