Who is responsible for marking sewer laterals the operator of the sewer main, or the home/business owner?
Sewer laterals in the right of way are a constant problem because some cities/operators refuse to mark them because they say that they do not own the laterals. What can I do, as an excavator, to protect myself? The Oregon excavation laws make it clear that operators are responsible for marking the laterals within the public right of way. The definition of Operator is found under OAR 952-001-0010(13). The laws do not address owners of underground facilities, only operators. Please read the letter from the Oregon Department of Justice, found on page 24, which provides a complete discussion and opinion concerning sewer laterals. The second part of this question concerns what excavators can do to protect themselves from damages caused by non-marking of facilities. The best answer is for excavators to follow the letter of the law to ensure that any damages caused are not through negligence on their part. If damages occur to facilities that were not marked, the cost of repairs should not be
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