HP0676
LD 916
First Regular Session - 125th Maine Legislature
 
LR 1357
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Clarify Notification Procedures during an Emergency Excavation

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 23 MRSA §3360-A, sub-§5,  as repealed and replaced by PL 1999, c. 718, §6, is amended to read:

5. Emergency excavations.   In Notwithstanding any other provision of this section, in an emergency, an excavator may commence an excavation after having taken all reasonable steps, consistent with the emergency, to notify the system and to mark the excavation site consistent with subsection 3, paragraph C required by this subsection and upon approval under paragraph C by the underground facility operator responsible for the excavation. Each underground facility operator shall locate its underground facilities as soon as practicable after receiving notification of an emergency excavation whether or not the excavation has begun. After receiving notification of an emergency excavation, an underground facility operator must:
A Immediately notify the system;
B As soon as practicable, locate the underground facility operator's underground facilities and mark the excavation site consistent with subsection 3, paragraph C; and
C Excavate the marked area under paragraph B, or give an excavator approval to excavate the marked area under paragraph B, after determination that there are safe working conditions in which to operate and upon the earlier of the following:

(1) The system clears the marked area for excavation; and

(2) Four or more hours pass after notification to the system under paragraph A.

Notwithstanding paragraph C, if the circumstances of the emergency present an immediate danger to life, safety or property, the underground facility operator or excavator may immediately commence excavation after the provisions of paragraphs A and B have been met.

An excavation under this subsection must be commenced within 12 hours of notification to the system under paragraph A unless the circumstances of the emergency require a greater amount of time due to unsafe working conditions as determined by the underground facility operator under paragraph C.

summary

This bill establishes steps that an underground facility operator must take in order to conduct an emergency excavation, including:

1. Immediately notifying the underground facility damage prevention system, otherwise known as "Dig Safe";

2. As soon as practicable, locating its underground facilities and marking the excavation area; and

3. Excavating the marked area after determining there are safe working conditions and upon the earlier of when the damage prevention system clears the area for excavation and when 4 or more hours have passed after notification to the system.

This bill also requires an underground facility operator to commence an emergency excavation within 12 hours after notification to the damage prevention system unless the circumstances of the emergency require a greater amount of time as determined by the underground facility operator.


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