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 '