Delaware has enacted updates to its Underground Utility Damage Prevention and Safety Act, a law originally established in the mid-1990s, with the goal of making underground utility work safer and better coordinated across the state.
Under the revised law, companies and individuals who own, operate, or control underground or submerged pipes, cables, or structures used to deliver services such as electricity, communications, gas, oil, water, or sewage are now required to respond to location inquiries from excavators within three business days. Those responses must be communicated through the Owner/Operator/Excavator Information Exchange System, an interactive platform designed to facilitate that communication.
Architects, engineers, and others who prepare drawings for construction or demolition projects — referred to in the law as “designers” — are now required to meet with utility owners or operators who want more details about a project’s scope. They must also make reasonable efforts to draw up construction plans in ways that reduce the risk of damaging or disrupting underground utilities in the work area.
Anyone planning to dig or demolish — classified as “excavators” under the law — must first contact the Owner/Operator/Excavator Information Exchange System to determine the location and type of nearby underground facilities. Work cannot begin until the excavator receives a positive response code of “clear,” “no conflict,” or “marked” from every relevant utility owner or operator.
If an emergency arises during excavation, the excavator must immediately alert the occupants of the affected property. If the excavation damages a facility and causes a flammable, toxic, or corrosive gas or liquid to escape — or creates any other threat to life, health, or property — the excavator must immediately call 911 and notify the facility owner or operator. For complex projects, excavators are also required to meet with facility owners, operators, or their representatives before breaking ground.
The Utilities Service Protection Center of Delmarva, Inc. is designated as the approved notification center under the law. It is responsible for receiving and recording information about the locations of underground facilities statewide, logging notices of planned excavation and demolition work from designers and excavators, and alerting utility owners and operators accordingly.
The law establishes a tiered system of civil penalties for violations. Utility owners or operators who fail to meet their legal obligations can face fines of up to $1 million if a violation results in a death, up to $500,000 if a structure is damaged, and up to $100,000 for all other violations. For violations that do not involve a death or structural damage, the Public Service Commission of Delaware may allow violators to complete training offered by the approved notification center instead of paying a fine.
Importantly, civil penalties do not bar individuals or parties from pursuing separate civil lawsuits for personal injury or property damage. Any penalty money collected will be directed toward public awareness campaigns, training and education programs, improvements to the notification center, or reducing costs for notification center members.
The legislation also includes technical corrections to bring existing state law in line with the Delaware Legislative Drafting Manual’s standards.
