It is the intent of the Legislature to protect underground utility facilities and other underground facilities from destruction or damage, in order to prevent death of or injury to persons, property damage to public and private property, and loss or interruption of essential utility services to the general public.
The advance notice provisions of this chapter shall not apply to any person making an excavation at times of emergency involving danger to life, health or property or a customer service outage. However, every person who shall engage in such emergency excavation shall take all necessary and reasonable precautions to avoid or minimize interference with […]
The act of giving notice in accordance with Section 77-13-5 shall relieve the notifying party of all liability to a utility should such notice be ignored or the information provided by the utility subsequent to said notice be materially inaccurate; provided, however, the act of giving advance notice and/or obtaining information as required by this […]
Notification to Mississippi One-Call System, Inc., as provided in Section 77-13-5, may be effected by giving notice to Mississippi One-Call System, Inc., in writing, by telephone, fax or other electronic means made available through Mississippi One-Call System, Inc.
Any operator who fails to follow, abide by or comply with this chapter shall be responsible for the cost or expense the excavator shall incur as a direct result of the failure of the operator to follow, abide by or comply with the provisions of this chapter. Operators who have underground utility lines or underground […]
In addition to any other rights and remedies which a person may have, any person shall have the right to resort to and apply for injunctive relief, both temporary and permanent, in any court of competent jurisdiction to enforce compliance with the provisions of this chapter and to restrain and prevent violations and threatened violations […]
Any operator who suffers damages as a result of not participating as a member of Mississippi 811, Inc., waives the right to recover damages to the operator’s underground facilities from the excavator if the excavator complied with the provisions of this chapter. The provisions of this section shall not apply to any municipality, as defined […]
Nothing in this chapter shall modify or abrogate any contractual provision entered into between any railroad and any other party owning or operating an underground facility or underground utility lines within the railroad’s right-of-way.
Any person, whether excavator or operator, who violates this chapter, or the rules or regulations promulgated under this chapter, shall be subject to a civil penalty as follows: For a first violation, the violator shall complete a course of training concerning compliance with this chapter as determined by the executive committee; For a second violation […]
There is created an Underground Facilities Damage Prevention Board for the purpose of enforcing this chapter. It is the intent of the Legislature that the board and its enforcement activities not be funded by appropriations from the state budget. The Pipeline Safety Division will provide administrative, investigative and legal support for the board as deemed […]
The words defined in this section shall have the following meanings when found in this chapter: “Abandoned facility” means any underground utility line or underground utility facilities no longer used in the conduct of the owner/operator’s business and are not intended to be used in the future. “Approximate location of underground utility lines or underground […]
The board has the power and authority to: Adopt a budget and promulgate rules and regulations to carry out the responsibilities of the board and the executive committee under this chapter. The board shall adopt its initial budget and promulgate its initial rules and regulations no later than December 31, 2016. Make and enter into […]
The board shall develop and implement a process whereby upon receipt of a complaint of a violation of this chapter, the executive committee shall initiate an investigation of the complaint which may include a request that the Pipeline Safety Division designate an employee of the division who will investigate the complaint in accordance with this […]
There is created an Underground Damage Prevention Fund to be administered and used by the board for the purpose of carrying out its duties under this chapter. All sources of funds collected by the board under this chapter, including, but not limited to, grants, assessments, and civil penalties collected pursuant to this chapter shall be […]
Nothing in this chapter shall expand the jurisdiction of the Pipeline Safety Division or the commission in any way.
In addition to complying with all other applicable regulations and requirements of federal, state, county and municipal authorities, no person shall engage in excavation of any kind, before meeting the notification requirements of this chapter. Under this chapter the excavator shall: Inform himself/herself of the presence and location of any underground utility lines and underground […]
Each person responsible for any excavation that results in damage to an underground utility line or underground facility, immediately upon discovery of such damage, shall notify Mississippi 811, Inc., and notify all operators of such damaged line or facility of the location of the damage and shall allow the operator reasonable time to accomplish any […]
Every person owning or operating underground utility lines or underground facilities shall, upon receiving advance notice of the commencement of excavation, in accordance with Section 77-13-7, make an investigation, and may report through the use of the PRIS the status of the work performed, within two (2) working days from the time notice is provided […]
