319.030. Notification of location of underground facility, when, how--failure to provide notice of location, effect.
Notification of location of underground facility, when, how--failureto provide notice of location, effect.
319.030. 1. Every person owning or operating an underground facilityto whom notice of intent to excavate is required to be given shall, uponreceipt of such notice as provided in this section from a person intendingto commence an excavation, inform the excavator as promptly as practical,but not in excess of two working days, unless otherwise mutually agreed, ofthe approximate location of underground facilities in or near the area ofthe excavation so as to enable the person engaged in the excavation work tolocate the facilities in advance of and during the excavation work. Thetwo working days provided for notice in this subsection and subsection 1 ofsection 319.026, shall begin at 12:00 a.m. following the receipt of therequest by the notification center. If the information available to theowner or operator of a pipeline facility or an underground electric orcommunications cable discloses that valves, vaults or other appurtenancesare located in or near the area of excavation, the owner or operator shalleither inform the excavator of the approximate location of suchappurtenances at the same time and in the same manner as the approximatelocation of the remainder of the facility is provided, or shall at suchtime inform the excavator that appurtenances exist in the area and providea telephone number through which the excavator may contact a representativeof the owner or operator who will meet at the site within one working dayafter request from the excavator and at such meeting furnish the excavatorwith the available information about the location and nature of suchappurtenances. If the excavator states in the notice of intent to excavatethat the excavation will involve trenchless technology, the owner oroperator shall inform the excavator of the depth, to the best of his or herknowledge or ability, of the facility according to the records of the owneror operator. The owner or operator shall provide the approximate locationof underground facilities by use of markings. If flags or stakes are used,such marking shall be consistent with the color code and other standardsfor ground markings. Persons representing the excavator and the owner oroperator shall meet on the site of excavation within two working days of arequest by either person for such meeting for the purpose of clarifyingmarkings, or upon agreement of the excavator and owner or operator, suchmeeting may be an alternate means of providing the location of facilitiesby originally marking the approximate location of the facility at the timeof the meeting. If upon receipt of a notice of intent to excavate, anowner or operator determines that he or she neither owns or operatesunderground facilities in or near the area of excavation, the owner oroperator shall within two working days after receipt of the notice, informthe excavator that the owner or operator has no facilities located in thearea of the proposed excavation. The owner or operator of the undergroundfacility shall make notice to the excavator that no facilities are locatedin the area of excavation by contacting the excavator by any of thefollowing methods:
(1) By calling the primary number of the excavator or by calling thetelephone number of the responsible person as provided by the excavatorunder subdivision (4) of subsection 2 of section 319.026;
(2) By leaving a message on the recording device for such numbers;
(3) By calling the cellular telephone number of the excavator orresponsible person;
(4) By notifying the excavator by facsimile or electronic mail atnumbers or addresses stated by the excavator in the notice of excavationmade under subsection 2 of section 319.026;
(5) By marking "clear" or "OK" at the site of excavation; or
(6) By verbally informing the excavator in person.
If the only means of contacting the excavator is one or more telephonenumbers provided by the excavator in the notice of excavation under section319.026, then two attempts by the underground facility owner to contact theexcavator at one of the telephone numbers provided shall constitutecompliance with this subsection.
2. A record of the date and means of informing the excavator that nofacilities were located by the owner or operator shall be included in thewritten records of the underground facility owner regarding each specificnotice of excavation.
3. In the event that a person owning or operating an undergroundfacility fails to comply with the provisions of subsection 1 of thissection after notice given by an excavator in compliance with section319.026, the excavator, prior to commencing the excavation, shall give asecond notice to the notification center as required by section 319.026stating that there has been no response to the original notice given undersection 319.026. After the receipt of the notice stating there has been"no response", the owner or operator of an underground facility shall,within two hours of the receipt of such notice, mark its facilities orcontact and inform the excavator of when the facilities will be marked;provided, however, that for "no response" notices made to the notificationcenter by 2:00 p.m., the markings shall be completed on the working day thenotice is made to the notification center, and provided that for "noresponse" notices made to the notification center after 2:00 p.m., themarkings shall be completed no later than 10:00 a.m. on the next workingday. If an underground facility owner fails to mark its facilities orcontact the excavator as required by this subsection, the excavator maycommence the excavation. Nothing in this subsection shall excuse theexcavator from exercising the degree of care in making the excavation as isotherwise required by law.
4. For purposes of this section, a period of two working days beginsat 12:00 a.m. following when the request is made.
(L. 1976 S.B. 583 § 5, A.L. 1991 S.B. 214 & 264, A.L. 2001 H.B. 425, A.L. 2008 H.B. 1779)Effective 1-01-09