§ 698. Permit validity contingent on compliance
Before commencing any excavation activity, an Inquiry Identification Number issued by the Notification Center must be provided to the Department of Planning and Natural Resources. No permit to excavate issued by a government agency is valid unless the excavator has also provided an Inquiry Identification Number issued by the Notification Center to the Department of […]
§ 698a. Government agencies
The requirements of this chapter apply to government agencies that own or operate underground facilities or that perform excavation or demolition, with the exception of underground emergency repair to traffic control devices used on any street or highway under the agency’s jurisdiction. The government agency shall notify the Notification Center of the emergency repair site […]
§ 699. Violations; penalties; other remedies; government immunity; actions
(a) Any person who violates the requirements of this chapter: (1) On the first offense, receives a written warning notification or complete a damage prevention education program provided by the Notification Center. (2) On the second offense within a 12-month period, is subject to a civil penalty for a minimum of $250 and required to […]
§ 699b. Liability; damages
(a) Whenever a person has violated, intends to violate, or will violate any provision of this chapter, the Attorney General or any person may institute a civil court action for injunctive relief. (b) If any Underground Facility is damaged as a proximate result of a excavator’s failure to comply with the provisions of this chapter, […]
§ 699c. Negligence per se
Violation of this chapter by an excavator or Operator constitutes negligence per se.
§ 699d. Alternative dispute resolution
The Notification Center shall establish a voluntary alternative dispute resolution program in consultation with its members and all affected parties. The alternative dispute resolution program must be available to all Operators, excavators, and other interested parties regarding disputes arising from damage to underground facilities including but not limited to, any cost or damage incurred by […]
§ 699e. Exemption and exceptions
This chapter does not apply to any individual, private owner of real properly who excavates on the property, not requiring a permit issued by a government agency, and not bordering on public rights-of-way. This exemption does not apply to a contractor or any other professional hired to perform the excavation. This chapter does not apply […]
§ 699f. Non-delegable duty
An Operator or excavator subject to performance of duties imposed by this chapter may not delegate his responsibilities to any other person or related entity for those duties imposed by this chapter.
§ 697. Project engineer’s responsibility; design requests
(a) Any person may submit a Design Locate Request to the Notification Center. The Design Locate Request must: (1) Describe the tract or parcel of land for which the Design Locale Request has been submitted, with sufficient particularity, as defined by policies developed and promulgated by the Notification Center, to enable the facility Operator to […]
§ 693. Elements of the Notification
The Notification Center shall: (1) Operate in all areas of the territory containing underground facilities: (2) Receive and distribute advance notifications of excavations or demolitions to all member Underground Facility Operators for the purpose of marking underground facilities, except as provided by this chapter: (3) Develop and implement a public awareness/damage prevention program to educate […]