New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE
Part 5 - PIPELINE SAFETY EXCAVATION DAMAGE PREVENTION
Section 18.60.5.17 - ABUSE OF THE LAW
Current through Register Vol. 35, No. 18, September 24, 2024
A person shall be deemed to have willfully failed to comply with this rule or Chapter 62, Article 14 NMSA 1978 and shall be subject to the penalties in Section 62-14-8 NMSA 1978 if the person:
A. requests a locate for an area that cannot reasonably be excavated in 15 working days;
B. provides misinformation or withholds information regarding the size of an excavation area;
C. requests locates that unduly burden a one-call notification system or UFO;
D. requests a locate for fraudulent reasons;
E. fails to process locate requests within the requisite timeframe;
F. fails to mark, or provide positive response for its underground facilities within the requisite timeframe;
G. fails to determine if all underground facilities have been marked or cleared;
H. commences excavation prior to the expiration of the advance notice period;
I. obliterates markings at an excavation site without providing temporary offset marks or stakes;
J. alters any record relating to excavation activity;
K. fails to pre-mark the actual intended excavation route or site(s) as required;
L. fails to report or file a report of damage within requisite time frame; or
M. commits any other act that the commission determines violates Chapter 62, Article 14 NMSA 1978 or this rule.