1998 Minnesota Statutes

     216D.06 Damage to facility. 

    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.  When the operator receives a damage notice, the 
 operator shall promptly dispatch personnel to the damage area to 
 investigate.  If the damage endangers life, health, or property, 
 the excavator responsible for the work shall take immediate 
 action to protect the public and property and to minimize the 
 hazard until arrival of the operator's personnel or until 
 emergency responders have arrived and taken charge of the 
 damaged area. 

    (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. 

    Subd. 2.    Cost reimbursement.  (a) If an excavator 
 damages an underground facility, the excavator shall reimburse 
 the operator for the cost of necessary repairs, and for a 
 pipeline the cost of the product that was being carried in the 
 pipeline and was lost as a direct result of the damage.  

    (b) Reimbursement is not required if the damage to the 
 underground facility was caused by the sole negligence of the 
 operator or the operator failed to comply with section 216D.04, 
 subdivision 3. 

    Subd. 3.    Prima facie evidence of negligence.  It is 
 prima facie evidence of the excavator's negligence in a civil 
 court action if damage to the underground facilities of an 
 operator resulted from excavation, and the excavator failed to 
 give an excavation notice under section 216D.04 or provide 
 support as required by section 216D.05. 

    HIST: 1987 c 353 s 12