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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 24. PUBLIC SPACE AND SAFETY |
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Chapter 24-34. PUBLIC SPACE MANAGEMENT OF EXCAVATION WORK |
Section 24-3405. MISCELLANEOUS PROVISIONS
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3405.1Deposit. Each Applicant shall submit and maintain with the Department a bond, cash deposit, or other security acceptable to the Director securing the faithful performance of the obligations of the Owner and Applicant under any Permit(s) to Excavate and the compliance with all terms and conditions of this Chapter. If the Applicant chooses to maintain a bond with the Department, the bond shall be continuously valid for two years at any point in time during the length of the permit.
3405.2The Deposit shall be in the amounts as follows:
(a)Where the Applicant/Permittee will be excavating from one (1’) up to six hundred (600’) linear feet of the public space during any twelve (12) month period, the deposit shall be in the sum of fifty thousand dollars ($50,000), payable to the D.C. Treasurer. If, at any point during the twelve (12) month period the Applicant/Permittee proposes to excavate more than six hundred (600’) linear feet of public space, the Applicant/Permittee shall be required to increase the amount of the deposit to the appropriate amount as indicated in this subsection.
(b)Where the Applicant/Permittee proposes to excavate from six hundred and one (601') up to twelve hundred (1200') linear feet of the public space during any twelve (12) month period, the deposit shall be in the sum of one hundred thousand dollars ($100,000), payable to the D.C. Treasurer. If, at any point during the twelve (12) month period the Applicant/Permittee proposes to excavate more than twelve hundred (1200') linear feet of public space, the Applicant/Permittee shall be required to increase the amount of the deposit to a total of two hundred thousand dollars, ($200,000) as indicated in subsection (c) below.
(c)Where the Applicant/Permittee proposes to excavate twelve hundred and one feet (1201') or more of the public space during any twelve (12) month period, the deposit shall be in the sum of two hundred thousand dollars ($200,000), payable to the D.C. Treasurer.
Where the Permittee has an existing bond with the Department at the time this section becomes effective, the requirements of this subsection will not be enforced until the time the existing bond expires. Upon the expiration of the existing bond, all requirements of this subsection shall become effective.
3405.3Deductions from Deposit. The Director may make deductions from the balance of Permittee's Deposit(s) to recover all costs and penalties due pursuant to subsection 3404.9. The Director shall provide written notice to the Permittee prior to making a deduction stating the reasons for and the amount of the deduction and advising the Permittee that any objection must be submitted, in writing, no later than seven (7) days after the date of the written notice. Any decision adverse to a Permittee shall be in writing and shall set forth the reasons for denying the objection, and shall be sent to the Permittee three (3) days before a deduction is made.
Upon deduction from such a Deposit, the Permittee shall immediately cease all excavation work in the Public Space and the public Rights-of-Way. The Permittee shall not resume excavation activities, or be eligible for future excavation permits, until it restores the full amount of the Deposit. At the discretion of the Director, in the case of an emergency, the Permittee may be allowed to continue excavation activities before the bond has been restored in full.
3405.4Retention of Deposit for Two (2) Years. The District shall retain each Deposit made pursuant to subsection 3405.1 for a period of two (2) years after the satisfactory permanent restoration of the excavated area to secure the obligations in the Permit and this Chapter.
3405.5Return of Deposit. Upon expiration of two (2) years after the satisfactory permanent restoration of the area excavated, a Permittee’s Deposit(s), less the deductions made pursuant to subsection 3405.3, may be claimed by the Permittee or its assigns. If a Permittee elected to furnish a single Deposit to cover multiple excavations, the two (2) year period shall not commence until all excavations covered by the deposit have been satisfactorily permanently restored. Upon receiving a valid claim, the Deposit shall be returned, less the deductions made pursuant to subsection 3405.3,
3405.6Abandonment of Underground Facilities. Whenever any Underground Facility is abandoned in the Public Space or Public Rights-of-Way, the Person owning, using, controlling or having an interest therein, shall, within thirty (30) calendar days after such abandonment, file with the Director a statement in writing, giving in detail the location of the Underground Facility so abandoned. Each map, set of maps, or plans filed pursuant to the provisions of this Chapter shall show in detail the location of each such Underground Facility abandoned subsequent to the filing of the last preceding map, set of maps, or plans. The Underground Facilities abandoned shall be safeguarded to protect collapse and bulk headed in accordance with the section 207.03 (A) "Abandoned Utilities" of the Standard Specifications.
3405.7Stop Work Order, Permit Modification, and Permit Revocation. Upon notice from the Director that work on any excavation is being performed contrary to the provisions of the Chapter, the Permit conditions, or the Standard Specifications or in an unsafe and dangerous manner, the excavation site shall be posted with a stop work order and such work shall be immediately stopped until the situation is corrected. The Director may also impose new conditions upon a Permit, or suspend or revoke a Permit. The stop work order and other orders described herein shall be in writing, in a form prescribed by the Director containing description of the right to appeal the order, and shall be given to the owner or the Permittee, or to the owner's agent or to the person doing the work in a written, electronic, or facsimile communication. The order shall state the location of the excavation and the specific section(s) or condition(s) violated. If no responsible person is present to receive the order, the excavation site may be posted, and the stop work order shall be sent to the owner by first class mail within three (3) working days. No stop work order may be issued nor considered valid unless it contains all the above information, the name and the telephone number of the official empowered to review the order, and is signed by the issuing official. Unauthorized removal of a posted stop work order is a violation of this Chapter. The Director may affirm, modify, or reverse the previous action or decision. The decision of the Director shall be the final decision of the Department.
3405.8Liability upon Owner and Permittee. Each Owner and Permittee is wholly responsible for the quality of the Excavation, temporary repair, and permanent restoration performed in the Public Space or Public Rights-of-Way and both the Owner and Permittee are jointly and severally liable for all consequences of any condition of such Excavation, repair, or permanent restoration and any Facilities installed in the Public Space or Public Rights-of-Way. Each Permittee shall indemnify and save and hold harmless the District of Columbia in accordance with Article 15 of the General Provisions of the Standard Specifications. The issuance of any Permit, the making of any inspection, repair, permanent restoration, or suggestion, or the indication of any approval or acquiescence by the Department or its agents shall not excuse any Owner or Permittee from such responsibility or liability.
3405.9 Unclaimed Deposits. If a Permittee or its assigns does not claim a
Deposit under subsection 3405.5 within 30 days after the expiration of
the two (2) year period referenced in subsection 3405.5, the Director
shall notify the Permittee or its assigns at the Permittee’s or assigns’
last known address of record of the unclaimed deposit. If the Permittee
has not claimed the deposit within one year after the date of the
Director’s notice, the Director shall deposit the unclaimed deposit into
the Department of Transportation’s Unified Fund, as provided in
section 9c(c)(9) of the Department of Transportation Establishment Act
of 2002, effective October 20, 2005 (D.C. Law 16-33; D.C. Official
Code § 50-921.11(c)(9)).