NRS455.125. Duties of operator of sewer main upon receipt of notification concerning sewer service lateral.

  If an operator of a sewer main receives notice through an association for operators pursuant to paragraph (a) of subsection 1 of NRS 455.110:

      1.  For a proposed excavation or demolition, the operator of the sewer main shall provide the person responsible for the excavation or demolition with the operator’s best available information regarding the location of the connection of the sewer service lateral to the sewer main. The operator shall convey the information to the person responsible for the excavation or demolition in such manner as is determined by the operator which may include any one or more of the following methods, without limitation:

      (a) Identification of the location of the connection of the sewer service lateral to the sewer main;

      (b) Providing copies of documents relating to the location of the sewer service lateral within 2 working days; or

      (c) Placement of a triangular green marking along the sewer main or the edge of the public right-of-way, pointing toward the real property serviced by the sewer service lateral to indicate that the location of the sewer service lateral is unknown.

      2.  The operator of a sewer main shall make its best efforts to comply with paragraph (a) or (c) of subsection 1 within 2 working days. If an operator of a sewer main cannot complete the requirements of paragraph (a) or (c) of subsection 1 within 2 working days, then the operator and the person responsible for the excavation or demolition must mutually agree upon a reasonable amount of time within which the operator must comply.

      3.  A government, governmental agency or political subdivision of a government that operates a sewer main:

      (a) Except as otherwise provided in subsection 4, in a county with a population of 45,000 or more may not charge a person responsible for excavation or demolition in a public right-of-way for complying with this section.

      (b) In a county with a population of less than 45,000 may charge a person responsible for excavation or demolition in a public right-of-way for complying with this section in an amount that does not exceed the actual costs for the operator for compliance with this section. Costs assessed pursuant to this paragraph are not subject to the provisions of NRS 354.59881 to 354.59889, inclusive.

      4.  A government, governmental agency or political subdivision that operates a sewer main in a county with a population of 45,000 or more may charge a person responsible for excavation or demolition in a public right-of-way for complying with this section in an amount that does not exceed the actual costs for the operator for compliance with this section if:

      (a) The sewer system of the operator services not more than 260 accounts; and

      (b) There is no natural gas pipeline located within the service area of the operator of the sewer main.

Ê Costs assessed pursuant to this subsection are not subject to the provisions of NRS 354.59881 to 354.59889, inclusive.

      5.  If the operator of a sewer main has received the information required pursuant to NRS 455.131 or has otherwise identified the location of the sewer service lateral in the public right-of-way, then the operator of the sewer main shall be responsible thereafter to identify the location of the sewer service lateral from that information.

      (Added to NRS by 2009, 1167; A 2009, 1171; 2011, 1278)