S.P. 747 - L.D. 2025
An Act to Reduce Technical Violations of Maine's Laws Regarding the Protection of Underground Utilities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 23 MRSA §3360-A, sub-§1, ¶C, as amended by PL 1985, c. 111, §1, is further amended to read:
C. "Excavation" means any operation in which earth, rock or other material on or below the ground is moved or otherwise displaced, by means of power tools, power equipment or explosives and including grading, trenching, digging, ditching, drilling, augering, tunneling, scraping and cable or pipe driving, except tilling of soil and gardening or displacement of earth, rock or other material for agricultural purposes, and except installation and maintenance of signs performed by the Department of Transportation.
Sec. 2. 23 MRSA §3360-A, sub-§§4-A and 4-B are enacted to read:
4-A. Alternative notice by certain excavators. Except as provided in subsection 4-B, a person is exempt from the notice requirements of subsection 3 for any excavation occurring in an area in which written clearance has been issued by the system pursuant to this subsection. A person applying for written clearance must provide to the system a written description of the area in which clearance is sought and a detailed map acceptable to the system that clearly demarcates the area, except that an application for a renewal of a written clearance for the same area covered by an existing written clearance may refer to the existing written clearance. Upon receiving an acceptable application, the system shall immediately notify all members whose underground facilities may be affected.
A. If, within 45 days of notifying members, the system receives no notice from any member of any existing or proposed underground facility in the area, the system may issue a written clearance to the applicant for the area.
B. If, within 45 days of notifying members, the system receives notice from any member of an existing or proposed underground facility in the area, the system may:
(1) In consultation with the underground facility operator, issue a written clearance for an area that excludes any area in which underground facilities are or are proposed to be located; or
(2) Deny the application for written clearance if the system, in consultation with the underground facility operator, determines that modification of the boundaries of the area for which clearance is sought is impractical or would not ensure adequate safety.
A written clearance issued under this subsection expires on the last day of the month one year following the month of issuance. A written clearance applies only to the area specified in the written clearance and is subject to revocation or modification under subsection 4-B. The system shall keep adequate maps and records of all written clearances issued under this subsection.
4-B. Modification and revocation of clearance. Any underground facility operator that proposes to construct an underground facility in any area in which a written clearance has been issued under subsection 4-A shall notify the system. If at any time the system receives notice from any underground facility operator that underground facilities are located
or are proposed to be located within an area in which a written clearance has been issued under subsection 4-A, the system, in consultation with the underground facility operator, may modify or, if necessary, revoke a written clearance in order to ensure adequate safety in the area of the underground facility or proposed underground facility.
Sec. 3. 23 MRSA §3360-A, sub-§6, as repealed and replaced by PL 1991, c. 437, §7 and affected by §12, is amended to read:
6. Liability of excavator. If an excavator complies with subsection 3 and if information pursuant to subsections 3-A and 4 is not provided within the time specified or if the information provided fails to identify the location of the underground facilities in accordance with subsection 4, or if an excavator is excavating in an area for which written clearance has been issued pursuant to subsection 4-A, then an excavator damaging or injuring underground facilities is not liable for any damage or injury caused by the excavation, except on proof of negligence.
Sec. 4. 23 MRSA §3360-A, sub-§6-A, ¶A, as amended by PL 1997, c. 229, §1, is further amended to read:
A. An excavator who does not give notice of an excavation as required under subsection 3, except an excavation in an area for which written clearance has been issued pursuant to subsection 4-A, or who undertakes the excavation in a reckless or negligent manner that poses a threat to an underground facility commits a civil violation and is subject to a civil forfeiture of up to $1,000 in addition to any other remedies or forfeitures provided by law or any liability for actual damages.
Effective June 30, 1998, unless otherwise indicated.
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