NPMA Comments on State Utility Notification Laws

Most states have utility notification laws. They go by a variety of names, including OneCall, Miss Utility, Dig Safe and Blue Stake. Typically, the state law is governed by a state law is governed by a state agency which in turn contracts with private organizations to administer the notification and utility mark out process. The breadth of activities governed by these laws varies widely, but in a few states, the enforcement agencies have taken the position that pest control activities may require notification prior to digging. These activities may include trenching, drilling, rodding or even minimal penetration to the ground, like the use of a stake to anchor a rodent bait station. In some states, there are administrative and/or criminal penalties for failure to notify. In one recent example, a state agency has asserted that it has jurisdiction over pest control operators and has proposed fining a PCO $25,000 for failure to notify.

NPMA does not necessarily believe that most pest control activities should or will require notification but wants to ensure that PCOs are aware of the position being asserted by some enforcement agencies and the possibility of administrative and/or criminal penalties. Accordingly, NPMA encourages its members, working through their respective state pest control associations, to contact the state regulatory agency with jurisdiction over the state notification law to obtain clarification about their interpretation of the law and it’s applicability to typical pest control industry activities.

Though we are not familiar with the specific requirements of each state’s law, please feel free to contact NPMA’s government affairs department about the issue. They may be reached at 800-678-6722 or by e-mail at Rosenberg@pestworld.org or gharrington@pestworld.org