US Lawyer Database

Section 12-130 – Application to Primary Contractors — Duties of Primary Contractor and Temporary Excavator

    (a)    (1)    This section applies to a primary contractor that:             (i)    performs the excavation duties for the duration of a ticket;             (ii)    initiates the notification to the one–call system to establish a ticket;             (iii)    is on site to supervise all activities and employees; and             (iv)    intends to utilize services or equipment of a temporary excavator.         (2)    For purposes of this section, a […]

Section 12-131 – Designer Initiating Ticket Request

    (a)    In connection with a project that may require excavation or demolition, a person may initiate a nonexcavation designer ticket request by notifying the one–call system serving the geographic area covering the planned project in accordance with this section.     (b)    (1)    In connection with a project that may require excavation or demolition, a person initiating a nonexcavation designer […]

Section 12-134 – Injunctive Actions

    (a)    To stop or prevent a negligent or unsafe excavation or demolition, an owner or the Attorney General may file an action for a writ of mandamus or injunction in a court of competent jurisdiction in Baltimore City or the county in which the excavation or demolition is being performed or is to be performed or […]

Section 12-135 – Civil Penalties

    (a)    (1)    A person that performs an excavation or demolition without first providing the notice required under § 12–124(a) of this subtitle is deemed negligent and is subject to a civil penalty assessed by the Authority.         (2)    The Authority shall calculate the civil penalty considering:             (i)    the severity of the violation;             (ii)    the intent and good faith of the violator; […]

Section 12-117 – Fund Established

    (a)    There is a Maryland Underground Facilities Damage Prevention Education and Outreach Fund.     (b)    The purpose of the Fund is to cover the costs of:         (1)    public education and outreach programs; and         (2)    the development of safety procedures to prevent damage to underground facilities.     (c)    The Authority shall hold and administer the Fund.     (d)    The Fund is a special, nonlapsing fund […]

Section 12-120 – Effect of Subtitle

    (a)    Except as provided in subsections (b) and (c) of this section, a person that obtains the information required under this subtitle is not excused from:         (1)    performing an excavation or demolition in a careful and prudent manner; and         (2)    liability for financial damages or injury that results from the excavation or demolition.     (b)    If an underground facility is […]

Section 12-121 – Emergency Excavation or Demolition

    (a)    (1)    This section applies to any action taken to address an emergency from the time the emergency arises until a standard ticket is initiated and valid under § 12–124 of this subtitle, including any work associated with stopping or mitigating the emergency.         (2)    Subject to § 12–120(b) of this subtitle, if all reasonable precautions have been taken […]

Section 12-122 – One-Call System Registration and Certification Requirements; Owner-Contractor Information Exchange System

    (a)    Except as provided in subsection (b) of this section, a person that operates a one–call system in the State shall register with and obtain certification to operate from the Commission.     (b)    A person operating a one–call system on or before July 1, 1990, is automatically registered with and certified by the Commission to continue to operate. […]

Section 12-123 – Owner-Member of One-Call System

    (a)    (1)    An owner shall be a member of a one–call system.         (2)    Except as provided in paragraph (3) of this subsection, an owner becomes a member of a one–call system by registering with the one–call system.         (3)    The Department of Transportation, its administrations, and the Maryland Transportation Authority shall become members of the one–call system through a separate […]