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HomeMy Public PortalAboutr 95:367No. _ 95-367 Da{e of Adoption . December 77 1995 RESOLUTION OF SUPPORT FOR THE "UNDERGROUND FACILITY PROTECTION ACT" AMENDMENTS WHEREAS, in the wake of the 1994 Edison/Durham Woods pipeline eXplosion, the State Legislature enacted the "Underground Facility Protection Act" or "Call Before You Dig" law; and WHEREAS, the Board of Public Utilities, which is charged with implementation of the law, has acknowledged over 1,200 instances of damaged gas pipelines since the law was enacted, not one of which has resulted in a fine against any violators; and WItEREAS, excavation in municipalities throughout the Sate has exponentially increased the chances of serious injury to our residents and damage to their property; and WHEREAS, the existing law requires amendments since it has proven ineffectual in that it lacks adequate notice provisions, fails to provide for indemnification to residents whose property has been damaged and does not provide effective means of enforcement; and WHEREAS, state-wide legislation is essential as every municipality is confronted with thee same danger each time an excavation is started; and WHEREAS, Assemblyman Robert G. Smith, D-17th District, has initiated proposed legislation which would help remedy the weakness and deficiencies of the existing law; NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of Carteret, County of Middlesex, State of New Jersey that all efforts be made by this Borough and all other municipalities in the county to encourage and promote legislation which would require other than in circumstances considered emergent and governmental operations: (a) the posting ora $1,000,000.00 bond to indemnify municipalities and residents for damage; (b) provide for at least ten (10) days notice of any digging to the municipality and at least five (5) business days written notice to any property owner; (c) prohibit any digging until the site is properly marked by all utility companies; (d) require all persons or companies intending to dig or excavate to secure road opening permits from municipal officials; (e) invest county law enforcement officials with the authority to enforce the legislation, including the cessation of alI'~xcavation if deemed necessary, and provide for fines and penalties up to $25,000.00 for each violation; and NO. 95-367 PAGE 2 BE IT FURTHER RESOLVED that support be given to the legislation initiated by Assemblyman Robert G. Smith, D-17th District, for more effective and enforceable provisions of the present law; and BE IT FURTHER RESOLVED that copies of this Resolution be sent to each municipal Governing Body in the County and to Governor Christine Todd Whitman, the President of the Senate, Speaker of the Assembly and to all members of the' Middlesex County legislative delegation. Adopted this 7th day of December, 1995 and certified as a true copy of the original on December 8, 1995. KATHLEEN M. BARNEY, Municipal Clerk SUSAN E. JACKLIN, Assistant Municipal Clerk RECORD OF COUNCIL VOTE BIALOWARCZUK SFMb~ZA FEINGOLD _ STIGLIC O'BRII~I Z~ X - Indicate Vole AB - Absent NV - Not Voting XOR - Indicates Vole to Overrule Veto Adopted at a meeting of the Municipal Council December 7, 1995 -~[ssis tant Q CLERK '