Title 25, Chapter 9, Section 3
As used in this chapter, the term:
(1) "Abandoned utility facility" means a utility facility taken
out of service by a facility owner or operator on or after January
(2) "Blasting" means any operation by which the level or grade of
land is changed or by which earth, rock, buildings, structures, or
other masses or materials are rended, torn, demolished, moved, or
removed by the detonation of dynamite or any other explosive
(3) "Business days" means Monday through Friday, excluding the
following holidays: New Year's Day, Birthday of Dr. Martin Luther
King, Jr., Memorial Day, Independence Day, Labor Day, Thanksgiving
Day and the following Friday, Christmas Eve, and Christmas Day.
Any such holiday that falls on a Saturday shall be observed on the
preceding Friday. Any such holiday that falls on a Sunday shall
be observed on the following Monday.
(4) "Business hours" means the time from 7:00 A.M. to 4:30 P.M.
local time on business days.
(5) "Commission" means the Public Service Commission.
(6) "Corporation" means any corporation; municipal corporation;
county; authority; joint-stock company; partnership; association;
business trust; cooperative; organized group of persons, whether
incorporated or not; or receiver or receivers or trustee or
trustees of any of the foregoing.
(7) "Damage" means any impact or exposure that results in the need
to repair a utility facility due to the weakening or the partial
or complete destruction of the facility including, but not limited
to, the protective coating, lateral support, cathodic protection,
or the housing for the line, device, or facility.
(8) "Design locate request" means a communication to the utilities
protection center in which a request for locating existing utility
facilities for bidding, predesign, or advance planning purposes is
made. A design locate request may not be used for excavation
(9) "Emergency" means a sudden or unforeseen occurrence involving
a clear and imminent danger to life, health, or property; the
interruption of utility services; or repairs to transportation
facilities that require immediate action.
(10) "Emergency notice" means a communication to the utilities
protection center to alert the involved facility owners or
operators of the need to excavate due to an emergency that
requires immediate excavation.
(11) "Excavating" means any operation by which the level or grade
of land is changed or earth, rock, or other material below
existing grade is moved and includes, without limitation, grading,
trenching, digging, ditching, augering, scraping, directional
boring, and pile driving. Such term, however, does not include
routine road surface scraping maintenance. "Excavating" shall not
mean routine roadway maintenance activities carried out by
employees of the Georgia Department of Transportation acting
within the scope of their employment, provided such activities
occur entirely within the right of way of a public road, street,
or highway of the state; are carried out with reasonable care so
as to protect any utility facilities placed in the right of way by
permit; are carried out within the limits of any original
excavation on the traveled way, shoulders, or drainage features of
a public road, street, or highway, and do not exceed 18 inches in
depth below the grade existing prior to such activities; and, if
involving the replacement of existing structures, replace such
structures in their previous locations and at their previous
(12) "Excavator" means any person engaged in excavating or
blasting as defined in this Code section.
(13) "Extraordinary circumstances" means circumstances other than
normal operating conditions which exist and make it impractical or
impossible for a facility owner or operator to comply with the
provisions of this chapter. Such extraordinary circumstances may
include, but shall not be limited to, hurricanes, tornadoes,
floods, ice and snow, and acts of God.
(14) "Facility owner or operator" means any person or entity who
owns, operates, or controls the operation of a utility facility,
as defined in this Code section, for the purpose of commercial
(15) "Locate request" means a communication between an excavator
and the utilities protection center in which a request for
locating utility facilities is processed.
(16) "Mechanized excavating equipment" means all equipment which
is powered by any motor, engine, or hydraulic or pneumatic device
and which is used for excavating.
(17) "Person" means an individual, firm, joint venture,
partnership, association, municipality, state, or other
governmental unit, authority, department, agency, or a corporation
and shall include any trustee, receiver, assignee, employee,
agent, or personal representative thereof.
(18) "Service area" means a contiguous area or territory which
encompasses the distribution system or network of utility
facilities by means of which a facility owner or operator provides
(19) "Ticket Information Exchange System" means the automated
information system to be installed and operated by the utilities
protection center that will allow the excavator to determine
locate ticket status from information provided by the facility
owner or operator.
(20) "Tolerance zone" means the width of the utility facility plus
24 inches on either side of the outside edge of the utility
facility on a horizontal plane.
(21) "Utilities protection center" or "center" means the
corporation or other organization formed by facility owners or
operators to provide a joint telephone number notification service
for the purpose of receiving advance notification from persons
planning to blast or excavate and distributing such notifications
to its affected facility owner or operator members.
(22) "Utility facility" means an underground or submerged
conductor, pipe, or structure used in providing electric or
communications service, or an underground or submerged pipe used
in carrying, providing, or gathering gas, oil or oil products,
sewage, waste water, storm drainage, water or other liquids, and
appurtenances thereto. This does not include utility facilities
owned by a homeowner for service at the homeowner's residence.