New Mexico Register / Volume XXXVII, Issue 7 / April 7, 2026
TITLE 18 TRANSPORTATION AND HIGHWAYS
CHAPTER 60 PIPELINE CONSTRUCTION AND MAINTENANCE
PART 5 PIPELINE SAFETY EXCAVATION DAMAGE
PREVENTION
18.60.5.1 ISSUING
AGENCY: New Mexico public regulation commission.
[18.60.5.1 NMAC - Rp, 18.60.5.1 NMAC 4/7/2026]
18.60.5.2 SCOPE: This rule
applies to all one-call notification systems, excavators, and owners and
operators of pipelines and other underground facilities in New Mexico with the
exemption of those preempted by federal law.
[18.60.5.2 NMAC - Rp, 18.60.5.2 NMAC, 4/7/2026]
18.60.5.3 STATUTORY
AUTHORITY: Sections 62-14-7.1, 62-14-10, 62-19-21, 70-3-4,
and 70-3-13 NMSA 1978.
[18.60.5.3 NMAC - Rp, 18.60.5.3 NMAC, 4/7/2026]
18.60.5.4 DURATION: Permanent.
[18.60.5.4 NMAC - Rp,
18.60.5.4 NMAC, 4/7/2026]
18.60.5.5 EFFECTIVE
DATE: April 7, 2026, unless a later date is cited
at the end of a section.
[18.60.5.5 NMAC - Rp, 18.60.5.5 NMAC, 4/7/2026]
18.60.5.6 OBJECTIVE: The purpose of
this rule is to implement Chapter 62, Article 14 NMSA 1978 by providing
procedures for preventing damage to underground utilities and for dealing with
damage when it occurs during excavation activities.
[18.60.5.6 NMAC - Rp, 18.60.5.6 NMAC, 4/7/2026]
18.60.5.7 DEFINITIONS:
A. Definitions
beginning with “A”: “access information” means a telephone number, a
facsimile number, an email address, and, if available a website address.
B. Definitions beginning
with “B”: “bid locate” means the marking
of underground facilities at the request of a project owner or project engineer
for the purpose of providing information to persons bidding on a project.
C. Definitions
beginning with “C”: [RESERVED]
D. Definitions beginning with “D”: “design locate” means the marking of underground facilities at the
request of a project owner or project engineer for the purpose of providing
information to persons designing a project.
E. Definitions beginning with “E”:
(1) “effective date” shall begin at 12:01 am after two
full working days, excluding the day advance notice is provided;
(3) “emergency locate” means the marking of underground
facilities at the request of a person for an underground facility owner as soon
as practical, ideally within two hours for the purpose of an emergency
excavation;
(4) “excavate” means to the definition provided in Subsection F of Section
62-14-2 NMSA 1978;
(5) “excavator” means to the
definition provided in Subsection G of Section 62-14-2 NMSA 1978; and
(6) “excavation locate” means the marking of underground
facilities for the purpose of providing information at the request of an
excavator planning to commence excavation for the excavator’s project.
F. Definitions beginning
with “F”: [RESERVED]
G. Definitions beginning with “G”: [RESERVED]
H. Definitions beginning with “H”: “holiday”
means the day New Mexico state government observes New Year’s Day, Martin
Luther King Jr. Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Indigenous
Peoples’ Day, Veterans Day, Thanksgiving Day, Presidents’ Day, and Christmas
Day.
I. Definitions beginning with “I”: [RESERVED]
J. Definitions beginning with “J”: [RESERVED]
K. Definitions beginning with “K”: [RESERVED]
L. Definitions beginning with “L”:
“locates” means the marking of
underground facilities including bid, design, emergency, excavation, road
maintenance, standard, and wide area locates.
M. Definitions beginning with “M”: “mechanical vacuum excavation” means an
appropriate method of excavating safely around underground facilities provided
that the equipment has been specifically designed and built for this purpose
and is operated in accordance with practices that provide appropriate levels of
worker and public safety and prevent damage to buried facilities.
N. Definitions beginning with “N”:
(1) “non-member underground facility operator” means a private underground facility owned by a
homeowner and operated and located on a residential property or not subject to
the jurisdiction of the commission; and
(2) “near miss ticket” means a ticket called into the one-call
notification system, by an
excavator who, while excavating, uncovers an underground utility that was not
marked, and requires affected underground facility owner(s) to respond, ideally
within two hours, by either calling and clearing the excavator to proceed with
excavation or deploy to the site.
O. Definitions beginning with “O”: “one-call notification system” refers to the definition provided in Subsection K of
Section 62-14-2 NMSA 1978.
P. Definitions beginning with “P”:
(1) “project engineer” means a professional engineer or
engineering firm appointed by the project owner to oversee and manage the
technical aspects of a project involving excavation, including the design
thereof, and who is a licensed professional engineer;
and
(2) “project owner” means the owner of a project
involving excavation.
Q. Definitions
beginning with “Q.”: [RESERVED]
R. Definitions beginning with “R”: “road maintenance” means routine grading and resurfacing of the earth and
gravel surface, but not the subbase, of a roadway for the purpose of
maintaining the surface condition of the road and includes recovery of material
from a borrow ditch but does not include road construction or reconstruction
and shall entail moving no more than four inches of earth; road maintenance
does not include street sweeping or road milling and resurfacing as long as the
subsurface is not disturbed.
S. Definitions beginning with “S”: “staff” means employees of the
pipeline safety bureau of the New Mexico public regulation commission.
T. Definitions beginning with “T”: [RESERVED]
U. Definitions beginning with “U”:
(1) “underground facility operator (UFO)” means a person who operates an underground facility;
and
(2) “update ticket” means
a ticket called in to the one-call notification system, which is defined in
Subsection K of Section 62-14-2 NMSA 1978, by the excavator for an existing
excavation that will require additional time beyond the original 15 working
days allotted but does not require UFOs to provide marks pursuant to Subsection
B of 18.60.5.13 NMAC.
V. Definitions beginning with “V”: [RESERVED]
W. Definitions beginning with “W”: “working
day” means a full 24 hour day beginning at 12:00 am excluding weekends and state
holidays.
X. Definitions beginning with “X”: [RESERVED]
Y. Definitions beginning with “Y”: [RESERVED]
Z. Definitions beginning with “Z”: [RESERVED]
[18.60.5.7 NMAC - Rp, 18.60.5.7 NMAC, 4/7/2026]
18.60.5.8 RESPONSIBILITIES OF ONE-CALL
NOTIFICATION SYSTEMS: A one-call
notification system shall:
A. provide toll-free access;
B. provide to staff access to the name,
contact person, and access information for each member of the one-call
notification system, upon request;
C. notify staff of the service area in
which the one-call notification system operates;
D. have a written coordination agreement
with other one-call notification systems operating in New Mexico, if applicable;
E. keep a record of all locate requests,
tickets, and clears for five years and make such records available to the
commission and staff upon request;
F. provide monthly reports to staff ,
no later than the tenth of each month, with the following information:
(1) average wait time for answered calls for the previous
month;
(2) number of calls received for the previous month;
(3) number of tickets generated for the previous month;
(4) number of requests by type (regular, priority, emergency)
for the previous month.
G. report any changes in access
information to staff on or before the date the information will change;
H. establish a registry of non-member
UFOs that voluntarily provide their contact and/or underground facility
information for excavation purposes;
I. establish a positive response
registry system; and
J. inform any person who calls with a
complaint that they may file a complaint with the commission’s pipeline safety
bureau, and provide the commission’s pipeline safety bureau access information,
if the one-call system is unable to satisfactorily resolve the matter.
K. Processing locate requests:
(1) A one-call notification system may hold a locate request in
suspension until it satisfies the requirements in Subsection C of 18.60.5.10
NMAC. The one-call notification system
shall contact an excavator, project owner, or project engineer within three
hours to request any missing information that prevents the one-call
notification system or non-member UFO from processing the request.
(2) A one-call notification system shall process all complete
locate requests within three hours of receipt.
A one-call notification system shall deem locate requests received on a
weekend or state holiday, to have been received at 7:00 a.m. on the next
working day and shall deem locate requests received before 7:00 a.m. on a
working day to have been received at 7:00 a.m. on that working day.
(3) Upon receipt of a complete conference, locate request, or
notice, a one-call notification system shall issue a ticket with a unique
number to the requesting person as confirmation and shall send a ticket to all
members of the system that have underground facilities in the excavation area
or notify the members by telephone. A
ticket shall become effective at the date and time a one-call notification
system issues a ticket number; if the ticket is for a conference, the ticket
shall be marked “wide area conference,” “bid conference,” or “design
conference,” as appropriate.
(4) Any person may contact the one-call notification system and
request confirmation of damage reports, conference requests, or locate
requests.
(1) Ticket intake: A one-call notification system shall
accept damage reports, near miss, and update tickets from any person. Such
reports are not locate requests and shall not be subject to the requirements of
Subsection K of this section.
(2) Verification and completion: A one-call notification system may hold a
damage report, near miss or update ticket in suspension until all required
information is obtained. The system
shall contact the reporting party within three hours to request any missing
information that prevents processing of the report.
(3) Ticket creation and distribution: Upon receipt of a complete damage, near miss,
or update report, the one-call notification system shall:
(a) issue a ticket with a unique number to
the reporting party as confirmation; and
(b) transmit the ticket to all members of
the system that may have underground facilities affected by or relevant to the
report.
[18.60.5.8 NMAC - Rp, 18.60.5.8 NMAC, 4/7/2026]
18.60.5.9 RESPONSIBILITIES
OF UFOs:
A. A UFO shall report any changes to the
information required by Subsection B of 18.60.5.8 NMAC to the one-call
notification system(s) at least seven days prior to the effective date.
B. A UFO shall retain records of locate
requests, excavation notices and underground facility damage information for a
period of five years and make such records available to staff or the commission
upon request.
C. A UFO that utilizes contractors to
perform locates, excavation activities, or damage investigations on its behalf
shall be responsible for ensuring compliance with Chapter 62, Article 14 NMSA
1978 and these rules.
[18.60.5.9 NMAC - Rp, 18.60.5.9 NMAC, 4/7/2026]
18.60.5.10 LOCATE
REQUESTS: An excavator shall make an excavation locate
request for all projects involving excavation, including road maintenance, with
the exception of subsurface potholing or mechanical vacuum excavation
activities conducted exclusively for the purpose of physically exposing or
locating underground facilities.
However, this exception does not preclude compliance with 18.60.5.18
NMAC. Although not required under the
Excavation Damage to Pipelines and Underground Utility Lines Law, Section
62-14-1, et seq. NMSA 1978, or this rule, locate requests are encouraged for
excavation projects involving
non-mechanical excavation.
A. Submittal:
(1) An excavator shall submit an excavation locate request to
each one-call notification system:
(a) by telephone or in person during normal business hours
Monday through Friday, excluding
holidays; or
(b) electronically via an online web portal with appropriate
one-call notification center 24 hours a day, seven days a week.
(2) An excavator shall also submit an excavation locate request
to each non-member UFO that may be impacted by the proposed excavation.
B. Size of locate requests:
(1) An excavator shall determine the maximum area that the
excavator can reasonably expect to excavate within a 15 working day period and
shall request an excavation locate for that area only. The excavator shall pre-mark the actual
intended excavation route or site(s) for any standard 15 working day ticket
requests in accordance with the American public works association marking
guidelines. For excavation activities
planned on oil or gas well pads, excavators shall provide clear and accurate
driving and marking instructions, and either GPS coordinates or pre-marks, as
described above, which define the parameters of the proposed excavation. The pre-marked excavation shall encompass
locations(s) where excavation equipment that may penetrate the surface will be
setup, such as directional boring equipment.
If the location markings have been removed, or are no longer visible,
and there are no marking offsets, the person engaging in the excavation
activity shall suspend excavation activities and reinitiate a locate request
set forth in this section. Such a relocate
request shall be limited to the area yet to be excavated only.
(2) An excavator may request relocates for the same area only
if justified by the circumstances and nature of the work; such justification
shall be made part of the relocate request.
C. Minimum information required: When requesting an excavation locate or a
locate conference, an excavator shall comply with the requirements of the
one-call notification system and shall provide accurate and truthful
information. For a locate request to be
deemed complete, it shall contain, including but not limited to, the following:
(1) the name and contact information of the excavator personnel
directly involved with or conducting the excavation at the actual excavation
site;
(2) if available, an alternate name and contact information of
the excavator;
(3) a description and the purpose of the type of work to be
done;
(4) the name of the person for whom the work is being done;
(5) whether or not the excavation site is pre-marked in white;
(6) an accurate physical description of the location and size
of the excavation site; reference to a plat of a subdivision shall not by
itself be sufficient description;
(7) driving instructions to a rural excavation site;
(8) spotting instructions;
(9) any appropriate remarks regarding access to or hazards at
the site;
(10) if available, GPS coordinates which
define the parameters or start and end points of the actual excavation.
[18.60.5.10 NMAC - Rp, 18.60.5.10 NMAC, 4/7/2026]
18.60.5.11 WIDE
AREA LOCATE REQUESTS: An excavator who expects a project to take
more than 30 working days to complete
shall either request separate standard locates which meet the requirements of
Subsection B of 18.60.5.10 NMAC or follow the conference and locate procedures
set forth in this section.
A. Excavators shall contact the one-call
notification system to request a wide area conference a minimum of two working
days prior to the wide area conference and provide the proposed date, time, and
location for the conference. The
one-call notification system shall process the request as provided in
Subsection K of 18.60.5.8 NMAC.
B. A UFOs notified of the wide area
conference shall contact an excavator who requests a wide area conference
within two working days of the issuance of the conference ticket and confirm
proposed conference schedule. All UFOs
notified shall be physically represented at a scheduled wide area
conference. If a UFO cannot attend the
scheduled wide area conference, it shall make arrangements to meet with the
excavator who requested the wide area conference within five working days of
the scheduled wide area conference.
C. At the conference, the excavator
shall present a written work plan that,
at minimum, includes the information required under Subsection C of 18.60.5.10
NMAC, summary of the scope of work, a line locating schedule, name and contact
information of each UFO personnel directly involved with or responsible for
providing line locating in consensus with each UFO, which shall be signed by
all parties. Updates or revisions to the
work plan shall also be presented in writing. Any changes to the scope of work, line
locating schedule, construction schedule, or locating instructions shall be
approved in writing by all parties prior to proceeding with an updated work
plan. The excavator shall distribute all
original and amended work plan(s) to all UFOs notified and retain a copy.
D. After the work plan has been signed
by all parties, an excavator shall contact the one-call notification system and
request a wide area excavation locate.
The one-call notification system shall process the request as provided
in Subsection K of 18.60.5.8 NMAC. The
excavation ticket shall reference the wide area conference ticket number and
cite the work plan. The work plan is the description of the work and line locating
to be performed by UFOs.
E. An excavator working pursuant to a
wide area excavation locate ticket shall request reaffirmation of the wide area
locate ticket every 30 working days. This reaffirmation period, begins on the date
and time stamped on the ticket and ends 30 working days from such date and
time. The excavator and UFO(s) shall
continue to comply with the approved work plan established per Subsection C of
18.60.5.11 NMAC.
F. If a general contractor and
their subcontractor(s) agree to a single wide area project, the general
contractor shall request a wide area conference, prepare and manage the wide
area work plan and utility coordination efforts, and maintain the locates for
their projects. Any subcontractors
working under a general contractor’s wide area work plan shall be responsible
for complying with 18.60.5.15 NMAC.
[18.60.5.11 NMAC - Rp, 18.60.5.11 NMAC, 4/7/2026]
18.60.5.12 DESIGN
AND BID LOCATE REQUESTS: A project owner or project engineer shall
request information regarding the location of underground facilities for design
projects or bids in accordance with either Subsection A or B of this section,
but may not switch methods once having made an election unless the existing
utilities cannot be located by the UFO(s) in accordance with the requirements
of applicable laws.
A. Physical locates:
(1) A project owner or project engineer may request a design or
bid locate from one-call notification systems and non-member UFOs. Design or bid physical locate requests shall
be restricted to the maximum area that an excavator can reasonably expect to
excavate within a 15 working day period and shall request a physical locate for
that area only, otherwise a project owner or project engineer shall request a
conference in accordance with Subsection B of this section.
(2) The one-call notification system and non-member UFOs for
the intended excavation area shall issue a ticket marked “bid locate” or “design
locate” as appropriate.
(3) UFOs
shall physically mark or clear the location of underground facilities on the
site through a positive response system within five working days from the date
of the ticket.
(4) If one or more underground facilities have not been marked
and positive response has not been provided, a project owner or project
engineer shall call the one-call notification system for verification that
advance notice was transmitted to the UFO and to provide notice that the
underground facilities have not been located or cleared via a warning locate
request. UFOs shall promptly respond to warning locate requests, ideally within
two hours.
(5) Designers or bidders, as appropriate, shall capture data
from the site within 15 working days from the end of the five day marking
period.
(6) A project owner or project engineer shall not request
relocates or time extensions for a design or bid locate.
B. Conferences:
(1) A project owner or project engineer may request a design or
bid conference a minimum of two working days prior to the proposed conference date
from the one-call notification system and non-member UFOs for the intended
excavation area and shall provide the proposed date, time, and location for the
conference.
(2) A UFO shall contact the project owner or project engineer
within two working days of the issuance of the conference ticket and confirm
the proposed conference schedule, and if necessary, make arrangements to
reschedule the conference at a date not to exceed five working days from the
proposed conference schedule on the conference ticket. A UFO shall be physically represented at the
scheduled design or bid conference.
(3) The one-call notification system for the intended
excavation area shall process the request as provided in Subsection K of 18.60.5.8
NMAC.
(4) UFOs shall arrange to provide information to project owners or project engineers within a
reasonable time following the conference, but not to exceed 10 working days.
(5) A project owner or project engineer and UFOs shall continue
with utility coordination until the design is complete or bid for the project
has been awarded and an excavator requests an excavation locate.
[18.60.5.12 NMAC - Rp, 18.60.5.12 NMAC, 4/7/2026]
18.60.5.13 MARKING
EXCAVATION SITES:
A. Excavators: As provided under Subsection B of 18.60.5.10
NMAC, excavators shall mark all proposed excavation sites in accordance with
American public works association (APWA) standards to improve communication
between the excavator and UFO. In
assessing administrative penalties for violation of the Excavation Damage to
Pipelines and Underground Utility Lines Law, Section 62-14-1 et seq. NMSA 1978
and this rule, staff or the commission may consider whether and how well an
excavator marked a proposed excavation site.
Pre-marking a site in white indicates the actual excavation site (not
limits of construction) and, therefore, will supersede marking instructions
provided on locate requests and be used to determine alleged violations during
staff investigations. When an excavator
fails to pre-mark the actual excavation site, UFOs shall mark per the spotting
instructions provided on the locate request and register a positive response
indicating the site was not pre-marked.
B. UFOs.
(1) A UFO shall mark underground facilities for excavation
purposes in accordance with the APWA standards.
(2) A UFO shall locate and mark its underground facilities
within two full working days from the effective date of the ticket in
accordance with Subsection A of Section 62-14-5 NMSA 1978.
(3) If a UFO determines it does not have underground facilities
within the proposed limits of the excavation site, a UFO shall provide the
appropriate positive response to the one-call notification's positive response
registry system and may write “clear” or “no underground facilities” and the
UFO's name at the site in the appropriate color.
(4) The locate markings shall be valid for at least 15 working
days from the end of the advance notice period.
For the purpose of excavation, a working day begins on the work to begin
date and time stamped on the ticket and ends 15 working days from such date and
time.
(5) A UFO shall provide appropriate positive response to the
one-call notification's positive response registry system for all advance
notifications, including wide area, design, bid, standard, and road maintenance
locate requests or conferences.
(6) If a UFO fails to mark its underground facility in
accordance with the requirements of applicable laws, the UFO may be liable to
the excavator, project owner, and project engineer in accordance with
Subsection C of Section 62-14-5 NMSA 1978.
[18.60.5.13 NMAC - Rp, 18.60.5.13 NMAC, 4/7/2026]
18.60.5.14 IDENTIFYING
UNDERGROUND FACILITIES FOR ROAD MAINTENANCE: In response to
an excavation locate request for road maintenance, a UFO shall physically mark
or locate by marker its underground facilities that parallel or cross the road, as provided in
Subsection A.
A. Underground facilities that
parallel or cross the road:
(1) Physical locate:
A UFO may physically mark the location of all underground facilities
that are parallel or cross the road to be maintained if the UFO deems the
facilities to be in conflict with the road maintenance activity. If the UFO deems the facilities not to be in
conflict with the road maintenance activity, then the UFO may “clear” the
ticket with the excavator using the procedure for positive response set forth
in 18.60.5.13 NMAC.
(2) Locate by permanent marker: Alternatively, a UFO may use a system of
permanent markers to indicate the location of underground facilities that
parallel or cross the road to be maintained.
Such markers shall:
(a) only be used for the purposes of road maintenance;
(b) be durable enough to withstand normal weathering;
(c) be the same APWA color as is designated for marking the UFO’s
type of underground facility; and
(d) have a decal on the marker specifying the depth of the
underground facility at the marker.
B. A UFO shall be deemed to have failed
to correctly locate by permanent marker its underground facility that is
parallel or crosses a road to be maintained unless it:
(1) maintains a minimum 18 inches of coverage over the
underground facility;
(2) ensures that the permanent markers are in place;
(3) verifies the depth of its underground facilities at the
permanent marker locations at least annually; and
(4) ensures that the decal is visible and the information on it
is readable.
[18.60.5.14 NMAC - Rp, 18.60.5.14 NMAC, 4/7/2026]
18.60.5.15 EXCAVATION
PROCEDURES:
A. Pre-excavation: Before excavating, an excavator shall
determine whether all underground facilities have been marked and assess the
excavation site for any above ground structures that indicate a utility has not
been marked that will be in conflict of the actual excavation.
(1) If all underground facilities have been marked or cleared
through a positive response system and the advance notice marking period has
expired, the excavator may begin excavating.
(2) If one or more underground facilities have not been marked
and positive response has not been provided, an excavator shall, prior to
commencing excavation, call the one-call notification system for verification
that advance notice was transmitted to the UFO and to provide notice that the
underground facilities have not been located or cleared via a warning locate
request. UFOs shall promptly respond to
warning locate requests ideally within two hours.
B. Excavation:
(1) If, prior to or while excavating, an excavator observes
evidence that an unmarked underground facility may exist, the excavator shall,
before excavating in the immediate area of such evidence:
(a) make a reasonable effort to identify the facility by calling
the one-call notification system and requesting a near miss ticket; the UFO
shall mark or clear the area ideally within two hours of contact or as
expeditiously as possible if the excavation site is in a rural area; if no UFO
responds to the excavator’s near miss ticket notification the excavator may
proceed with excavation activities in a safe and prudent manner.
(b) expose the underground facility by non-mechanical means or
mechanical vacuum excavation methods.
(2) If excavation activity needs to encroach within 18 inches
either side of a marking made by a UFO, an excavator shall, prior to
excavating, expose the underground facility by non-mechanical means or
mechanical vacuum excavation methods.
(3) If the exact subsurface location of the underground
facility or utility cannot be determined by non-mechanical means or mechanical
vacuum excavation methods as required in Subparagraph (a) of Paragraph (1) and
(2) of Subsection B of this section, the excavator shall contact the UFO
directly and UFO shall work with the excavator to locate and expose the actual
subsurface location of the underground facility or utility. If the UFO must resort to performing excavation
to locate the facility, the UFO shall perform such excavation within five
working days of notice from the excavator.
If requested, the local one-call notification center shall provide the
excavator with the contact telephone number of the UFO.
(4) If excavation activity cannot proceed without obliterating
all or some of the markings made by a UFO, an excavator shall provide temporary
offset marks or stakes to retain the information regarding the location of each
UFO's underground facilities for the duration of the locate request or until
excavation is completed, whichever ends sooner.
(5) If excavation and restoration cannot be completed within 15
working days allotted for standard locate requests and marks have been
maintained, an excavator shall call the one-call notification system and
request an update ticket prior to the original locate expiring.
(6) The
requirement to provide positive response for a facility does not apply to the homeowner
of a residential property.
(7) The commission encourages excavators to notify the UFO when
excavation activity will be within 25 feet of the actual utility marking
provided or as agreed upon by a right of way encroachment agreement or permit
for infrastructure identified by the UFO as critical (i.e., transmission and
trunk line pipelines, fiber optic, power, 911, etc.).
C. Temporary suspension of excavation
activity. If staff determines that
an excavation activity is not in compliance with the requirements of this rule,
and that continued noncompliance may result in injury to persons or damage to
property, staff may suspend the excavation activity until the excavation
activity is brought into compliance with the requirements of this rule and
excavation conditions are safe.
[18.60.5.15 NMAC - Rp, 18.60.5.15 NMAC, 4/7/2026]
18.60.5.16 EMERGENCY
EXCAVATION AND DAMAGE REPORTING PROCEDURE: This section
applies whenever failure of or damage to underground facilities or public
infrastructure requires emergency excavation and excavation shall be promptly
commenced, ideally within 24 hours.
A. Excavators: An excavator who damages an underground
facility while excavating shall exercise prudence and shall:
(1) stop excavating immediately;
(2) call 911 if appropriate and the operator of the damaged
underground facility and 811 to report the damaged facility;
(3) secure the site and direct people and traffic a safe
distance away from the site of the damage;
(4) not leave the scene until authorized by an emergency
responder or the operator of the damaged underground facility; an excavator may
leave the scene without such authorization only if the excavator has made
reasonable, if unsuccessful, efforts to contact the affected UFOs and has
safely secured the site;
(5) not resume work within an unsafe distance of the damage
until authorized by the operator of the damaged underground facility.
(6) voluntarily submit a damage report as described in
18.60.5.18 NMAC.
B. Operators of failed or damaged
underground facilities: The operator
of a failed or damaged underground facility shall exercise prudence and shall:
(1) immediately respond to a damaged reported or failure reported
to its underground facilities and travel to the site;
(2) when deemed an emergency requiring excavation, call the
one-call notification system to request an emergency locate for the excavation
area;
(3) make the site safe and get the emergency situation under
control;
(4) locate its own underground facilities as soon as practical,
ideally within two hours;
(5) begin remedial action to restore service as soon as
practical, ideally within 24 hours; and
(6) obtain a standard excavation locate ticket for repair work
beyond resolution of the emergency situation.
C. Operators of failed or damaged
public infrastructure: The entity
responsible for the failed or damaged public infrastructure shall:
(1) call the one-call notification system for the excavation
area to request an emergency locate;
(2) obtain an excavation locate ticket for repair work beyond
resolution of the emergency situation.
D. One-call notification system: A one-call notification system shall upon
request:
(1) issue an emergency excavation notice which shall be valid
until the emergency is resolved, or for 48 hours, whichever is longer;
(2) issue a notice of a reported damage to each affected UFO.
[18.60.5.16 NMAC - Rp, 18.60.5.16 NMAC, 4/7/2026]
18.60.5.17 ABUSE
OF THE LAW: 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 standard 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 after advance notice expires;
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 submit a damage
report within requisite time frame; or
M. commits any other act that the
commission determines violates Chapter 62, Article 14 NMSA 1978 or this rule.
[18.60.5.17 NMAC - Rp, 18.60.5.17 NMAC, 4/7/2026]
18.60.5.18 THIRD
PARTY DAMAGE REPORTS:
A. A UFO shall report to staff any event
in which the owner or operator’s underground facility is damaged by excavation
activities. Such report, where
practicable, shall be submitted using the commission’s website at: https://www.prc.nm.gov/pipeline-safety-bureau/pipeline-safety/.
B. The report shall be filled out in its
entirety and should include any and all information, such as pre-dig and
post-damage photos, the UFO used to determine probable cause and support or
justifies its position.
C. The report shall be submitted within
30-calendar days of the date the damage occurred or was noticed e. Any additional information provided after the
30-calendar day deadline may be considered on a case by case basis.
D. The UFO shall make available to
staff, within a reasonable time, ideally within 24 hours, such other
information or documentation as staff may require regarding any damage
reportable under this section.
[18.60.5.18 NMAC - Rp, 18.60.5.18 NMAC, 4/7/2026]
18.60.5.19 WAIVER
OR VARIANCE FROM RULE REQUIREMENTS:
A. The commission or the bureau chief may,
in their discretion, waive or vary any requirement of this rule whenever the
commission or the bureau chief finds that such a waiver or variance would be in
the public interest and not compromise safety, in accordance with commission
rules of procedure, 1.2.2 NMAC.
B. An excavator, project owner, project
engineer, one-call notification system, or UFO that cannot meet one or more of
the requirements of this rule may petition the commission or the bureau chief
for a waiver or variance pursuant to 1.2.2 NMAC. The petition shall be in writing and shall
include:
(1) a list of those requirements which the excavator, project
owner, project engineer, one-call notification system, or UFO wishes to have
waived or varied;
(2) an explanation and description of the specific conditions
which prevent the requirement from being met; and,
(3) a statement of steps already taken and to be taken, with
projected time limits for each step, in attempting to meet the requirements.
C. The commission may order, or the
bureau chief may request, a hearing on the merits of the petition in accordance
with 1.2.2 NMAC.
D. An excavator, project owner, project
engineer, one-call notification system, or UFO shall be required to comply with
requirements it has petitioned to have waived or varied until the commission
has issued an order on the merits of the petition, unless the commission or its
designee grants an interim waiver of or variance from one of more of the
requirements that are the subject of the petition.
[18.60.5.19 NMAC - N, 4/7/2026]
18.60.5.20 [RESERVED]
18.60.5.21 [RESERVED]
18.60.5.22 [RESERVED]
HISTORY OF 18.60.5 NMAC:
Pre-NMAC History: The material
in this rule was derived from that previously filed with the State Records
Center.
SCC 69-29, Order No. 2966, Cause No.516, filed
9/24/1969.
SCC 71-2, Amended Order No. 2966, Cause No.516, filed
3/18/1971.
SCC 72-1, Amended Order No. 3096, Cause No.516, filed
1/2/1972.
SCC 77-2, Order No. 3096-C, Docket No.750, filed
3/4/1977.
SCC 79-4, Regulations Relating to Minimum Safety
Standards for the Transportation of Natural and other Gas by Pipeline, filed
6/27/1979.
SCC 84-9-PL, Regulation for the Transportation of
Natural and other Gas by Pipeline - Minimum Standards, filed 11/26/1984.
History of Repealed Material:
18 NMAC 60.1, General Provisions; 18 NMAC 60.2,
Reports Required for New Master Meters and Third Party Damage; 18 NMAC 60.3,
Requirement of Filing of Procedural Manual; 18 NMAC 60.4, Classification and
Repair of Leaks; 18 NMAC 60.5, Pipeline Safety Program Procedures; 18 NMAC
60.6, Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards: Annual and Incident Reports; 18 NMAC 60.7,
Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards; 18 NMAC 60.8,
Transportation of Hazardous Liquids by Pipeline; 18 NMAC 60.9, Pipeline Safety
Regulations: Drugs & Alcohol
Testing; 18 NMAC 60.10, Procedures for Transportation Workplace Drug &
Alcohol Testing Programs (all filed 5/1/1996) repealed 7/1/2003.
18.60.5 NMAC, Pipeline Safety Excavation Damage
Prevention, filed 6/27/2006 - Repealed effective 8/15/2012.
18.60.5 NMAC, Pipeline Safety Excavation Damage
Prevention, filed 8/15/2012- Repealed effective 12/30/2014.
18.60.5 NMAC, Pipeline Safety Excavation Damage
Prevention, filed 12/15/2014- Repealed effective 1/15/2019.
18.60.5 NMAC, Pipeline Safety Excavation Damage
Prevention, filed 1/14/2019- Repealed effective 4/7/2026.
Other History:
SCC 84-9-PL, Regulation for the Transportation of
Natural and other Gas by Pipeline - Minimum Standards, filed 11/26/1984, was
renumbered into first version of the New Mexico Administrative Code as 18 NMAC
60.1 through 18 NMAC 60.10, effective 6/5/1996.
18 NMAC 60.1 through 18 NMAC 60.10 (all filed
5/1/1996), were replaced by 18.60.2 NMAC, Pipeline Safety, effective 7/1/2003.
Those applicable portions of 18.60.2 NMAC,
Pipeline Safety (filed 6/16/2003) replaced by 18.60.5 NMAC, Pipeline Safety
Excavation Damage Prevention, effective 7/17/2006.
18.60.5 NMAC, Pipeline Safety Excavation Damage
Prevention, filed 12/15/2014 was replaced by 18.60.5 NMAC, Pipeline Safety
Excavation Damage Prevention effective 1/15/2019.
18.60.5 NMAC,
Pipeline Safety Excavation Damage Prevention, filed 1/14/2019 was replaced by
18.60.5 NMAC, Pipeline Safety Excavation Damage Prevention effective 4/7/2026.