Section 17.15.281. Routine maintenance.

	(a)  Each permittee shall perform routine maintenance on the utility facility on a continuing basis. Maintenance work may not endanger any highway, airstrip, or other department property or create a hazard to the public.  
	(b)  Each permittee shall secure authorization from the department before performing any maintenance which requires excavation, plowing, jacking, boring within, or in areas immediately adjacent to, a department right-of-way.  
	(c)  If a permittee discontinues maintenance of or abandons a utility facility, the permittee shall notify the department within 30 days. Utility facilities that are not maintained or are abandoned are unauthorized encroachments.   
	(d)  As part of routine maintenance required under (a) of this section, the permittee shall adjust manholes, valves, pull boxes, and any other object that rises to the surface of any paved surface within the highway right-of-way, as required to meet the Alaska Standard Specifications for Highway Construction, adopted by reference in 17 AAC 15.301(d). The department may require additional or emergency adjustment if conditions warrant.  
	(e)  If a permittee's routine maintenance is inadequate, the department may give notice and an opportunity to cure. If a permittee fails to take appropriate corrective actions after notice and a reasonable opportunity to cure, the department may perform the maintenance and charge the permittee for the reasonable associated costs.  

Authorities

02.15.020;02.15.102;02.15.106;19.05.020;19.05.040;19.25.010;19.25.200;19.30.121;19.40.065;35.05.020;35.10.210;35.10.230;44.42.020;44.42.030

Notes

Authority

AS 02.15.020 AS 02.15.102 AS 02.15.106 AS 19.05.020 AS 19.05.040 AS 19.25.010 AS 19.25.200 AS 19.30.121 AS 19.40.065 AS 35.05.020 AS 35.10.210 AS 35.10.230 AS 44.42.020 AS 44.42.030

History

Eff. 5/23/82, Register 82; am 7/15/2009, Register 191