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File #: RES 2019-076    Version: 1 Name:
Type: Resolution Status: Consent Calendar
File created: 6/26/2019 In control: Town Council
On agenda: 7/2/2019 Final action:
Title: Resolution Adopting a Waiver Delegating the Town's Damage Prevention Safety Program to The Underground Damage Prevention Safety Commission
Attachments: 1. Attachment A: Resolution

To:                     Honorable Mayor and Members of Town Council

 

From:                     Robert J. Slentz, Town Attorney

                     Elizabeth B. Allen, Assistant Town Attorney

 

Title

Resolution Adopting a Waiver Delegating the Town’s Damage Prevention Safety Program to The Underground Damage Prevention Safety Commission

Body

________________________________________________________________________________

 

Executive Summary

 

In 2018, The Colorado General Assembly enacted H.B. 18-167, which, among other things, established within the Colorado Department of Labor and Employment, Division of Oil and Public Safety, an Underground Damage Prevention Safety Commission (the “Commission”). The Bill also required that home rule municipalities either delegate authority to the Commission or create their own safety commissions.

 

Discussion

 

Pursuant to Section 9-1.5-104.2, C.R.S., the Commission is tasked with advising governments and utility notification associations on policies relating to best practices and standards designed to protect the public health and safety by preventing damage to underground utilities during excavations, as well as reviewing alleged violations related to underground utilities.  Section 9-1.5-104.2(1)(d), C.R.S., provides that home rule entities must either adopt their own damage prevention safety program, or adopt by resolution, ordinance or other official action, a waiver that delegates such authority to the Commission.

 

Although there is no timeline contemplated for formation of a local safety commission or delegation to the Commission, the Town was recently contacted by the State due to a complaint alleging a violation within the Town’s boundaries. Per the statute, the complaint must be addressed within ninety (90) days. Based on the limited timeframe for creation of a local safety commission and the review of Castle Rock Water and Public Works regarding the current viability of a localized commission, Town staff recommends waiving the delegation of enforcement to the Commission. Town staff further recommends that, per assurances of capability by the State and the State Attorney General, the Town reserves the right to rescind the delegation at any time via a resolution adopted by Town Council.

 

Recommendation

 

Staff recommends approval of the Resolution as presented.

 

Proposed Motion

 

I move to approve the Resolution as introduced by title.

 

Attachments

 

Attachment A:                     Resolution