Section 460.721 – Short Title.

460.721 Short title. Sec. 1. This act shall be known and may be cited as the “MISS DIG underground facility damage prevention and safety act”. History: 2013, Act 174, Eff. Apr. 1, 2014

Section 460.723 – Definitions.

460.723 Definitions. Sec. 3. As used in this act: (a) “Additional assistance” means a response by a facility owner or facility operator to a request made by an excavator during business hours, for help in locating a facility. (b) “Approximate location” means a strip of land at least 36 inches wide, but not wider than […]

Section 460.724 – Miss Dig Systems, inc.; Operation and Membership; Notification System; Duties and Responsibilities; Funding; Fees; Farm Operation; Tax Exemption.

460.724 MISS DIG Systems, Inc.; operation and membership; notification system; duties and responsibilities; funding; fees; farm operation; tax exemption. Sec. 4. (1) Facility owners and facility operators shall continue to operate and be members of MISS DIG Systems, Inc., a Michigan nonprofit corporation, that shall have the duties and undertake the responsibilities of the notification […]

Section 460.725 – Duty of Excavator to Provide Dig Notice to Notification System; Contents of Notice; Validity of Ticket; Compliance With Procedures and Requirements; Exposure of Facility; Notice Requirements; Excavation Using Power Equipment.

460.725 Duty of excavator to provide dig notice to notification system; contents of notice; validity of ticket; compliance with procedures and requirements; exposure of facility; notice requirements; excavation using power equipment. Sec. 5. (1) An excavator shall provide a dig notice to the notification system at least 72 hours, but not more than 14 calendar […]

Section 460.726 – Notification System; Transmission of Ticket to Facility Owners or Operators; Availability; Positive Response System; Maintenance of Records; Emergency Notice; Design Tickets.

460.726 Notification system; transmission of ticket to facility owners or operators; availability; positive response system; maintenance of records; emergency notice; design tickets. Sec. 6. (1) The notification system shall receive dig notice notification of proposed excavation and blasting activities and promptly transmit a ticket to facility owners or facility operators of facilities in the area […]

Section 460.726a – Project Design or Planning Services; Fees; Procedures; Design Ticket Response; Marking Facility Location.

460.726a Project design or planning services; fees; procedures; design ticket response; marking facility location. Sec. 6a. (1) The notification system shall establish reasonable procedures, including marking response times, for design ticket notification to facility owners or facility operators of requests for project design or planning services to determine the type, size, and general location of […]

Section 460.727 – Marking Facility Location; Positive Response; Additional Assistance of Facility Owner or Operator Upon Request by Excavator; Damage to Facility; Emergency Response; Construction of New Facility.

460.727 Marking facility location; positive response; additional assistance of facility owner or operator upon request by excavator; damage to facility; emergency response; construction of new facility. Sec. 7. (1) A facility owner or facility operator shall respond to a ticket by the start date and time for the excavation or blasting under section 5(1) by […]

Section 460.728 – Damages or Equitable Relief.

460.728 Damages or equitable relief. Sec. 8. This act does not limit the right of an excavator, facility owner, or facility operator to seek legal relief and recovery of actual damages incurred and equitable relief in a civil action arising out of a violation of the requirements of this act, or to enforce the provisions […]

Section 460.729 – Liability of Officers, Agents, or Employees of Notification System; Liability of Excavator or Farmer Engaged in Farming Operations or Owner of Farm.

460.729 Liability of officers, agents, or employees of notification system; liability of excavator or farmer engaged in farming operations or owner of farm. Sec. 9. (1) The notification system and its officers, agents, or employees are not liable for any damages, including damages for injuries or death to persons or damage to property, caused by […]

Section 460.730 – Ordinances, Charters, or Other Laws Requiring Permits.

460.730 Ordinances, charters, or other laws requiring permits. Sec. 10. This act does not authorize, affect, or impair local ordinances, charters, or other provisions of law requiring permits to be obtained before excavating or tunneling in a public street or highway or to construct or demolish buildings or other structures on private property. A permit […]

Section 460.731 – Prohibited Conduct; Violations as Misdemeanor; Penalty; Civil Fine; Use of Commission Determination in Court Action or Proceeding; Instruction Forms; Rules; Incident Reports; Maintenance and Availability of Information.

460.731 Prohibited conduct; violations as misdemeanor; penalty; civil fine; use of commission determination in court action or proceeding; instruction forms; rules; incident reports; maintenance and availability of information. Sec. 11. (1) A person who engages in any of the following conduct is guilty of a misdemeanor punishable by imprisonment for not more than 1 year […]

Section 460.732 – Governmental Liability.

460.732 Governmental liability. Sec. 12. (1) Except as provided in this section, this act does not affect the liability of a governmental agency for damages for tort or the application of 1964 PA 170, MCL 691.1401 to 691.1419. (2) A facility owner or a facility operator may file a complaint with the commission seeking a […]

Section 460.733 – Compliance by Individual Engaged in Farming Operation.

460.733 Compliance by individual engaged in farming operation. Sec. 13. An individual engaged in a farming operation on a farm shall comply with this act beginning May 1, 2014. History: 2013, Act 174, Eff. Apr. 1, 2014