Section 319.010 – Short title.
Effective – 28 Aug 1976 319.010. Short title. — Sections 319.010 through 319.050 shall be known as the “Underground Facility Safety and Damage Prevention Act”. ——– (L. 1976 S.B. 583 § 1)
Section 319.015 – Definitions.
Effective – 01 Jan 2015, 2 histories 319.015. Definitions. — For the purposes of sections 319.010 to 319.050, the following terms mean: (1) “Approximate location”, a strip of land not wider than the width of the underground facility plus two feet on either side thereof. In situations where reinforced concrete, multiplicity of adjacent facilities or […]
Section 319.022 – Notification centers, participation requirements and eligibility — names of owners and operators made available, when.
Effective – 01 Jan 2015, 3 histories 319.022. Notification centers, participation requirements and eligibility — names of owners and operators made available, when. — 1. Any person, except a railroad regulated by the Federal Railroad Administration, who installs or otherwise owns or operates an underground facility shall become a participant in a notification center upon […]
Section 319.024 – Public notice of excavations, duties of owner and operator.
Effective – 01 Jan 2015, 2 histories 319.024. Public notice of excavations, duties of owner and operator. — 1. Every person owning or operating an underground facility shall assist excavators and the general public in determining the location of underground facilities before excavation activities are begun or as may be required by subsection 6 of […]
Section 319.025 – Excavator must give notice and obtain information, when, how — notice to notification center, when — clarification of markings, response — permit for highway excavation required.
Effective – 01 Jan 2015, 3 histories 319.025. Excavator must give notice and obtain information, when, how — notice to notification center, when — clarification of markings, response — permit for highway excavation required. — 1. Except as provided in subsection 4 of section 319.030 and in section 319.050, a person shall not make or […]
Section 319.026 – Notice of excavator, form of — written record maintained — incorrect location of facility, duty of excavator — visible markings necessary to continue work — damage, dislocation, or disturbance, notification and reporting requirements — annual report of damages required, by whom.
Effective – 01 Jan 2015, 2 histories 319.026. Notice of excavator, form of — written record maintained — incorrect location of facility, duty of excavator — visible markings necessary to continue work — damage, dislocation, or disturbance, notification and reporting requirements — annual report of damages required, by whom. — 1. An excavator shall serve […]
Section 319.027 – Design requests, how made — marking location required.
Effective – 01 Jan 2015, 2 histories 319.027. Design requests, how made — marking location required. — 1. Any person may make design requests by contacting the notification center. Such design requests shall include all information deemed necessary by the notification center to complete the notice, including the identification of the person and a description […]
Section 319.030 – Notification of location of underground facility, when, how — failure to provide notice of location, effect.
Effective – 01 Jan 2015, 2 histories 319.030. Notification of location of underground facility, when, how — failure to provide notice of location, effect. — 1. Every person owning or operating an underground facility to whom notice of intent to excavate is required to be given shall, upon receipt of such notice as provided in […]
Section 319.031 – Sewer system owner duties upon notification of intent to excavate.
Effective – 01 Jan 2015 319.031. Sewer system owner duties upon notification of intent to excavate. — 1. In addition to the other requirements of section 319.030, the response to a notice of intent to excavate received by a sewer system owner, when such owner has underground facilities located in the area of excavation identified […]
Section 319.033 – Public right-of-way, installation within, requirements.
Effective – 01 Jan 2015 319.033. Public right-of-way, installation within, requirements. — By January 1, 2016, if new lateral sewer pipes or water service lines are installed and connected to an underground facility within the public right-of-way, as defined in section 319.015, or if such infrastructure is fully replaced by excavation within the public right-of-way, […]
Section 319.035 – Compliance with law still requires excavation to be made in careful and prudent manner — failure to give notice or mark facilities, rebuttable presumption of negligence.
Effective – 01 Jan 2015 319.035. Compliance with law still requires excavation to be made in careful and prudent manner — failure to give notice or mark facilities, rebuttable presumption of negligence. — 1. Obtaining information as required by sections 319.010 to 319.050 does not excuse any person making any excavation from doing so in […]
Section 319.037 – Excavation sites included in requirements — equipment prohibited at such sites.
Effective – 01 Jan 2009 319.037. Excavation sites included in requirements — equipment prohibited at such sites. — 1. Notwithstanding any other provision of law to the contrary, the procedures and requirements set forth in this section shall apply on the site of any excavation involving trenchless excavation, including directional drilling, where the approximate location […]
Section 319.042 – No abrogation of contractual obligations with railroads.
Effective – 01 Jan 2009 319.042. No abrogation of contractual obligations with railroads. — Notwithstanding any provision of law to the contrary, nothing in this chapter shall abrogate any contractual provisions entered into between any railroad and any other party owning or operating an underground facility within the railroad’s right-of-way. For railroads regulated by the […]
Section 319.045 – Civil penalties — attorney general may bring action and shall make public number of enforcement actions.
Effective – 01 Jan 2015, 2 histories 319.045. Civil penalties — attorney general may bring action and shall make public number of enforcement actions. — 1. Any person who violates in any material respect the provisions of section 319.022, 319.025, 319.026, 319.030, 319.037, or this section or who willfully damages an underground facility shall be […]
Section 319.046 – Arbitration of disputes, when.
Effective – 01 Jan 2015 319.046. Arbitration of disputes, when. — Parties with a dispute related to the provisions of sections 319.015 to 319.050 may request arbitration for disputes of less than five thousand dollars. ——– (L. 2014 H.B. 1867) Effective 1-01-15
Section 319.050 – Exemptions from requirement to obtain information.
Effective – 01 Jan 2015, 2 histories 319.050. Exemptions from requirement to obtain information. — 1. The provisions of sections 319.025 and 319.026 shall not apply to any excavation when necessary due to an emergency as defined in section 319.015. An excavation may proceed regarding such emergency, provided all reasonable precautions have been taken to […]