An Act To Clarify Notification Procedures during an Emergency Excavation
Sec. 1. 23 MRSA §3360-A, sub-§5, as repealed and replaced by PL 1999, c. 718, §6, is amended to read:
(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.