§ 764. Duties of excavators. 1. No excavator shall commence or engage
in any excavation or demolition unless and until timely notice is served
of the location and date of the proposed excavation or demolition as
provided in this article to operators who maintain underground
facilities in the area in which the excavation or demolition is to take
place. The provision of such notice to a one-call notification system is
deemed to be compliance with this section; and notice to the one-call
notification center is notice to each member. Such notice shall be
served in accordance with the rules and regulations adopted by the
public service commission pursuant to section one hundred nineteen-b of
the public service law.

2. Prior to any excavation or demolition, the excavator shall verify
the precise location of the underground facilities in a manner set forth
in the rules and regulations adopted by the public service commission
pursuant to section one hundred nineteen-b of the public service law.

3. An excavator may proceed with such work if he has received notice
from each operator notified by the one-call system that it has no
underground facility in or within fifteen feet of the proposed work area
or that the operator marked any underground facility located in or
within fifteen feet of the proposed work area.

4. An excavator engaged in excavation or demolition shall be
responsible for protecting and preserving the staking, marking or other
designation by the operator until no longer required for proper and safe
excavation or demolition work at or near the underground facility,
maintain clearance between the underground facility, and the cutting
edge or point of any equipment to avoid damage to the underground
facility and provide support to and prevent damage to any underground
facility or its protective coating, in the means and according to the
methods set forth in the rules and regulations adopted by the public
service commission pursuant to section one hundred nineteen-b of the
public service law.

5. In the event of contact with and/or damage to an underground
facility, the excavator shall immediately notify the operator of the
facility and no backfilling shall be done by the excavator until
inspection and/or repairs have been made by the operator and no repairs
shall be undertaken by the excavator until authorized by the operator.
In the event of an electrical short or the escape of gas or hazardous
fluids endangering life, the excavator shall immediately notify the
operator of the electric, gas or hazardous liquid underground facility
and 911, and all persons who might be endangered and assist in the
evacuation of such persons.