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7560.0125 ABANDONED AND OUT-OF-SERVICE FACILITIES.

Subpart 1.

Duty of operators to provide readily available information.

Operators shall provide readily available information, as shown on maps, drawings, diagrams, or other records used in the normal course of business, on the approximate location of abandoned and out-of-service facilities to an excavator by the excavation date and time noted on the excavation or location notice unless otherwise agreed between the excavator and the operator. An operator fulfills an obligation to provide information on these facilities by doing one or more of the following:

A.

locating and marking the approximate location of the facility according to the current color code standard used by the American Public Works Association, as required in Minnesota Statutes, section 216D.04, subdivision 3, with an abandoned or out-of-service facility identified by an uppercase A surrounded by a circle;

B.

providing informational flags at the area of proposed excavation;

C.

communicating information verbally; or

D.

providing copies of maps, diagrams, or records.

Subp. 2.

Duty to notify operator.

An excavator shall notify the operator:

A.

before moving, removing, or otherwise altering a facility that is thought to be abandoned or out of service; or

B.

if damage to the facility occurs, pursuant to Minnesota Statutes, section 216D.01, subdivision 2.

Subp. 3.

Verification of abandoned or out-of-service facility.

Upon receipt of notification by an excavator pursuant to subpart 2, an operator shall verify that an underground facility is abandoned or out of service, by either reference to installation records, testing, or other comparable standard of verification, before an excavator is allowed to move, remove, or otherwise alter an underground facility.

Subp. 4.

Liability.

An operator providing information pursuant to Minnesota Statutes, section 216D.04, subdivision 3, is not responsible to any person for any costs, claims, or damages for information provided in good faith regarding abandoned and out-of-service underground facilities.

Statutory Authority:

MS s 14.06; 216D.08; 299J.04; 299F.60

History:

24 SR 448

Published Electronically:

July 20, 2005