Minnesota Session Laws - 1999, Regular Session

                             CHAPTER 43-S.F.No. 794 
                  An act relating to utilities; modifying provisions of 
                  the one call excavation notice system; amending 
                  Minnesota Statutes 1998, section 216D.06, subdivision 
                  1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 216D.06, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [NOTICE; REPAIR.] (a) If any damage occurs 
        to an underground facility or its protective covering, the 
        excavator shall notify the operator as soon as reasonably 
        possible promptly.  When the operator receives a damage notice, 
        the operator shall promptly dispatch personnel to the damage 
        area to investigate.  If the damage results in the escape of any 
        flammable, toxic, or corrosive gas or liquid or endangers life, 
        health, or property, the excavator responsible for the work 
        shall immediately notify the operator and the 911 public safety 
        answering point, as defined in section 403.02, subdivision 5, 
        and take immediate action to protect the public and 
        property and.  The excavator shall also attempt to minimize the 
        hazard until arrival of the operator's personnel or until 
        emergency responders have arrived and taken charge of the 
        damaged area completed their assessment.  The 911 public safety 
        answering point shall maintain a response plan for notifications 
        generated by this section.  
           (b) An excavator shall delay backfilling in the immediate 
        area of the damaged underground facilities until the damage has 
        been investigated by the operator, unless the operator 
        authorizes otherwise.  The repair of damage must be performed by 
        the operator or by qualified personnel authorized by the 
        operator. 
           (c) An excavator who knowingly damages an underground 
        facility, and who does not notify the operator as soon as 
        reasonably possible or who backfills in violation of paragraph 
        (b), is guilty of a misdemeanor. 
           Presented to the governor April 8, 1999 
           Signed by the governor April 12, 1999, 2:22 p.m.