Hawaii Administrative Rules
Title 6 - DEPARTMENT OF BUDGET AND FINANCE
Division - PUBLIC UTILITIES COMMISSION
Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM
Subchapter 1 - GENERAL PROVISIONS
Section 6-83-3 - Definitions

In addition to the definitions contained in chapter 269E, HRS, the following definitions shall apply:

"APWA color code" means the American Public Works Association color code for marking subsurface facilities.

"Commission" means the Hawaii public utilities commission.

"Committee" means the one call advisory committee, as established in section 269E-4, HRS.

"Complainant" means any party authorized by chapter 269E, HRS, to file a formal or informal complaint against any excavator or facility operator for violation of chapter 269E, HRS, these rules, or any order of the commission.

"Confidential" or "proprietary" means any and all information whether commercial or technical in nature relating to a facility operator's business, including without limitation, know-how, data, processes, designs, photographs, drawings, specifications, software programs, and samples, which is marked with an indicator such as "confidential" or "proprietary".

"Emergency" means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of or damage to life, health, property, or essential public services, as defined in section 269E-2, HRS.

"Excavator mark" or "premark" means the marks made by an excavator using white spray chalk or other suitable marking that indicates the perimeter of the proposed or continuing excavation.

"Formal complaint" means a written document filed by a complainant with the commission initiating the process described in sections 6-61-67 through 6-61-71, HAR, by which a complaint against an excavator or facility operator may be formally pursued.

"Hand-digging" means any excavation involving non-mechanized tools or equipment and includes, but is not limited to digging with shovels, picks, manual post hole diggers, and vacuum excavation.

"HAR" means the Hawaii Administrative Rules.

"HRS" means the Hawaii Revised Statutes.

"Informal complaint" means a written document filed by a complainant with the commission initiating the process described in section 6-61-66, HAR, by which a complaint against an excavator or facility operator may be informally pursued.

"Inquiry identification number" or "inquiry number" means the number issued by the one call center to every excavator who contacts the center for the purpose of notification of intent to excavate, as defined under chapter 269E, HRS.

"Locate request" means a communication between an excavator and one call center personnel in which a request for locating underground facilities is processed.

"Marking" means the use of stakes, paint, or other clearly identifiable materials to show the field location of underground facilities, in accordance with the current color code standard of the American Public Works Association. Markings shall include identification letters indicating the specific type of the underground facility.

"Party" means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any court or agency proceeding.

"Positive response" means the process whereby a facility operator:

(1) notifies the center within the time period set by statute or rule, that it has marked, flagged, staked, or indicated by any acceptable method available to the operator under section 269E-9, HRS, the approximate location of its subsurface installation in the area of a dig site; and

(2) the center then promptly makes available to the excavator the action taken by the facility operator.

"Respondent" means any person cited by the commission or its enforcement officer and subject to any statute administered by the commission or any order or rule issued or promulgated thereunder, or against whom a formal or informal complaint is filed or to whom an order or notice is issued by the commission instituting a proceeding or investigation.

"Site" means the specific place where excavation work is performed or contemplated and shall be identified by street address referenced to the nearest intersecting street and subdivision name, if applicable, as well as by lot and block number, tax map key, if available, and by kilometer or mile marker for railways or highways or any other method authorized by chapter 269E, HRS.

"System" means the center operation described in chapter 269E, HRS, and these rules and includes, but is not limited to the process whereby the center's customer service representatives answer incoming calls from prospective excavators seeking information on subsurface facilities that may be located at or near the prospective excavation site, and the outgoing call from the center to facility operators who have or may probably have subsurface installations at or in close proximity to the proposed excavation site.

"Ticket" or "message" means request for mark-out or electronic request for mark-out information transmitted from the one call center to facility operators.