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Subpart 1.

Duty of excavator to provide notice.

An excavator shall provide notice to the notification center before commencing an emergency excavation, unless subpart 2 applies. All emergency notices, regardless whether made prior to excavation, must be verbal or in a manner accepted by the notification center. In addition to the information required by the notification center, the notice must also contain:


a description of the situation requiring the emergency excavation;


the precise location of the proposed area of the emergency excavation;


at least one continuously staffed telephone number where the excavator can be contacted by the operator throughout the emergency; and


the excavation start date and time if the need for excavation is not immediate.

Subp. 2.

Excavating before notice.

If an emergency is such that providing notice or waiting for an operator would result in an undue risk to life, health, or significant loss of property, the excavator may excavate without providing prior notice or waiting for an operator to mark an underground facility. In this situation, the excavator shall provide notice as soon as practicable and take all reasonable precautions to avoid or minimize damage. Excavation prior to notice under this subpart does not relieve an excavator from any responsibility for damage to an underground facility pursuant to Minnesota Statutes, section 216D.06.

Subp. 3.

Emergency notice requesting immediate response.

Upon receiving an emergency excavation notice requesting an immediate response, an operator shall:


attempt to contact the excavator within one hour at the telephone number provided in subpart 1, item C, to provide any information concerning facilities at or near the area of excavation including an anticipated response time; and


locate and mark the underground facility within three hours of notice unless:


otherwise agreed between the parties;


the operator notifies the excavator that not locating does not present an immediate danger to life or health, or a significant loss of property; or


there is an event or situation that cannot be reasonably anticipated or controlled by the operator.

Subp. 4.

Emergency notice requesting scheduled response.

Upon receiving an emergency excavation notice that does not require an immediate response, and before the scheduled excavation start date and time, an operator shall:


locate and mark the underground facility, unless otherwise agreed between the parties; or


notify the excavator at the telephone number provided in subpart 1, item C, that there is not an underground facility within the area of proposed excavation.

For purposes of this subpart, a requested start time of three hours or less from the time notice is provided to the center is considered an emergency notice requesting immediate response under subpart 3.

Statutory Authority:

MS s 299J.04


29 SR 1503

Published Electronically:

July 20, 2005