Missouri Revised Statutes













Chapter 319

General Safety Requirements

←319.046

Section 319.050.1

319.075→

August 28, 2015

Exemptions from requirement to obtain information.

319.050. 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 protect the

underground facilities. In any such case, the excavator shall give

notification, substantially in compliance with section 319.026, as soon as

practical, and upon being notified that an emergency exists, each

underground facility owner in the area shall, within two hours after

receiving such notice, provide markings or contact the excavator with any

information immediately available to assist the excavator and shall inform

the excavator if not able to mark within the two hours of when the

underground facility will be marked at the site of the emergency.



2. For a request submitted as an emergency request that does not meet

the definition of an emergency as defined in section 319.015, the facility

owner shall notify the excavator within two hours that the request does not

meet the requirements of an emergency, and the locate request will be

marked within two working days under subsection 1 of section 319.030.



3. The excavator may be liable to the owner or operator for costs

directly associated with the locating of any such underground facility

relating to a notification of an emergency that does not meet the

definition of emergency as stated in section 319.015.



(L. 1976 S.B. 583 § 9, A.L. 1991 S.B. 214 & 264, A.L. 2001 H.B. 425,

A.L. 2008 H.B. 1779, A.L. 2014 H.B. 1867)



Effective 1-01-15





2009

2001

1991



2009



319.050. 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 protect the underground facilities.

In any such case, the excavator shall give notification, substantially in

compliance with section 319.026, as soon as practical, and upon being

notified that an emergency exists, each underground facility owner in the area

shall, within two hours after receiving such notice, provide markings or

contact the excavator with any information immediately available to assist

the excavator and shall inform the excavator if not able to mark within the

two hours of when the underground facility will be marked at the site of the

emergency. The excavator may be liable to the owner or operator for costs

directly associated with the locating of any such underground facility

relating to a notification of an emergency that does not meet the definition

of emergency as stated in section 319.015.



2001



319.050. The provisions of sections 319.025 and 319.026 shall not

apply to any utility which is repairing or replacing any of its facilities

due to damage caused during an unexpected occurrence or when making an

excavation at times of emergency resulting from a sudden, unexpected

occurrence, and presenting a clear and imminent danger demanding immediate

action to prevent or mitigate loss or damage to life, health, property or

essential public services. "Unexpected occurrence" includes, but is not

limited to, thunderstorms, high winds, ice or snow storms, fires, floods,

earthquakes, or other soil or geologic movements, riots, accidents, water

pipe breaks, vandalism or sabotage which cause damage to surface or

subsurface facilities requiring immediate repair. An excavator or utility

may proceed regarding such emergency, provided all reasonable precautions

have been taken to protect the underground facilities. In any such case,

the excavator or utility shall give notification, substantially in

compliance with section 319.026, as soon as practical, and upon being

notified that an emergency exists, each owner and operator of an

underground facility in the area shall immediately provide all location

information reasonably available to any excavator who requests the same.



1991



319.050. The provisions of sections 319.025 and 319.026

shall not apply when making an excavation at times of emergency

involving danger to life, health or property, provided all

reasonable precautions have been taken to protect the underground

facilities. In any such case, the excavator shall give

notification, substantially in compliance with section 319.026,

as soon as practical, and upon being notified that an emergency

exists, each owner and operator of an underground facility in the

area shall immediately provide all location information

reasonably available to any excavator who requests the same.



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