Missouri Revised Statutes
Chapter 319
General Safety Requirements
←319.029
Section 319.030.1
319.031→
August 28, 2015
Notification of location of underground facility, when, how--failure to provide notice of location, effect.
319.030. 1. Every person owning or operating an underground facility
to whom notice of intent to excavate is required to be given shall, upon
receipt of such notice as provided in this section from a person intending
to commence an excavation, inform the excavator as promptly as practical,
but not in excess of two working days, unless the excavator agrees to
extend the start date and time provided in the locate request through
methods established by the notification center, of the approximate location
of underground facilities in or near the area of the excavation so as to
enable the person engaged in the excavation work to locate the facilities
in advance of and during the excavation work, provided that no excavation
shall begin earlier than the scheduled excavation date provided on the
locate request unless the excavator has confirmed that all underground
facilities have been located. The two working days provided for notice in
this subsection and subsection 1 of section 319.026 shall begin at 12:00
a.m. following the receipt of the request by the notification center. Each
underground facility owner receiving notifications from the notification
center by use of the internet shall, after December 31, 2014, use the
locate status system provided by the notification center. Those
underground facility owners that do not receive notifications by use of the
internet shall, no later than January 1, 2016, provide locate status to the
notification center by an alternate method provided by the notification
center. If the excavator states in the notice of intent to excavate that
the excavation will involve trenchless technology, the owner or operator
shall inform the excavator of the depth, to the best of his or her
knowledge or ability, of the facility according to the records of the owner
or operator. The owner or operator shall provide the approximate location
of underground facilities by use of markings as designated in section
319.015. Persons representing the excavator and the owner or operator
shall meet on the site of excavation within two working days of a request
by either person for such meeting for the purpose of clarifying markings,
or upon agreement of the excavator and owner or operator, such meeting may
be an alternate means of providing the location of facilities by originally
marking the approximate location of the facility at the time of the
meeting. If upon receipt of a notice of intent to excavate, an owner or
operator determines that he or she neither owns or operates underground
facilities in or near the area of excavation, the owner or operator shall
within two working days after receipt of the notice, inform the excavator
that the owner or operator has no facilities located in the area of the
proposed excavation. The owner or operator of the underground facility
shall make notice to the excavator that no facilities are located in the
area of excavation by contacting the excavator by any of the following
methods:
(1) By calling the primary number of the excavator or by calling the
telephone number of the responsible person as provided by the excavator
under subdivision (4) of subsection 2 of section 319.026;
(2) By leaving a message on the recording device for such numbers;
(3) By calling the cellular telephone number of the excavator or
responsible person;
(4) By notifying the excavator by facsimile or electronic mail at
numbers or addresses stated by the excavator in the notice of excavation
made under subsection 2 of section 319.026;
(5) By marking "clear" or "OK" at the site of excavation;
(6) By verbally informing the excavator in person.
If the only means of contacting the excavator is one or more telephone
numbers provided by the excavator in the notice of excavation under section
319.026, then two attempts by the underground facility owner to contact the
excavator at one of the telephone numbers provided shall constitute
compliance with this subsection; or
(7) By use of a locate status system.
2. A record of the date and means of informing the excavator that no
facilities were located by the owner or operator shall be included in the
written records of the underground facility owner regarding each specific
notice of excavation and shall be retained for a period of five years.
3. If the owner or operator notifies the excavator that the area of
excavation cannot be determined from the description provided by the
excavator through the notice required by this section, the excavator shall
provide clarification of the area of excavation by marking the area with
white flags or white paint, or by providing project plans to the owner or
operator, or by meeting on the site of the excavation with representatives
of the owner or operator as provided for in this section.
4. In the event that a person owning or operating an underground
facility fails to comply with the provisions of subsection 1 of this
section after notice given by an excavator in compliance with section
319.026, the excavator, prior to commencing the excavation, shall give a
second notice to the notification center as required by section 319.026
stating that there has been no response to the original notice given under
section 319.026. After the receipt of the notice stating there has been
"no response", the owner or operator of an underground facility shall,
within two hours of the receipt of such notice, mark its facilities or
contact and inform the excavator of when the facilities will be marked;
provided, however, that for "no response" notices made to the notification
center by 2:00 p.m., the markings shall be completed on the working day the
notice is made to the notification center, and provided that for "no
response" notices made to the notification center after 2:00 p.m., the
markings shall be completed no later than 10:00 a.m. on the next working
day. If an underground facility owner fails to mark its facilities or
contact the excavator as required by this subsection, the excavator may
commence the excavation. Nothing in this subsection shall excuse the
excavator from exercising the degree of care in making the excavation as is
otherwise required by law.
5. For purposes of this section, a period of two working days begins
at 12:00 a.m. following when the request is made.
(L. 1976 S.B. 583 § 5, 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
319.030. 1. Every person owning or operating an underground facility to
whom notice of intent to excavate is required to be given shall, upon receipt
of such notice as provided in this section from a person intending to commence
an excavation, inform the excavator as promptly as practical, but not in
excess of two working days, unless otherwise mutually agreed, of the
approximate location of underground facilities in or near the area of the
excavation so as to enable the person engaged in the excavation work to
locate the facilities in advance of and during the excavation work. The two
working days provided for notice in this subsection and subsection 1 of
section 319.026, shall begin at 12:00 a.m. following the receipt of the
request by the notification center. If the information available to the
owner or operator of a pipeline facility or an underground electric or
communications cable discloses that valves, vaults or other appurtenances are
located in or near the area of excavation, the owner or operator shall either
inform the excavator of the approximate location of such appurtenances at the
same time and in the same manner as the approximate location of the remainder
of the facility is provided, or shall at such time inform the excavator that
appurtenances exist in the area and provide a telephone number through which
the excavator may contact a representative of the owner or operator who will
meet at the site within one working day after request from the excavator and
at such meeting furnish the excavator with the available information about
the location and nature of such appurtenances. If the excavator states in
the notice of intent to excavate that the excavation will involve trenchless
technology, the owner or operator shall inform the excavator of the depth, to
the best of his or her knowledge or ability, of the facility according to the
records of the owner or operator. The owner or operator shall provide the
approximate location of underground facilities by use of markings. If flags
or stakes are used, such marking shall be consistent with the color code and
other standards for ground markings. Persons representing the excavator and
the owner or operator shall meet on the site of excavation within two working
days of a request by either person for such meeting for the purpose of
clarifying markings, or upon agreement of the excavator and owner or
operator, such meeting may be an alternate means of providing the location of
facilities by originally marking the approximate location of the facility at
the time of the meeting. If upon receipt of a notice of intent to excavate,
an owner or operator determines that he or she neither owns or operates
underground facilities in or near the area of excavation, the owner or
operator shall within two working days after receipt of the notice, inform the
excavator that the owner or operator has no facilities located in the area of
the proposed excavation. The owner or operator of the underground facility
shall make notice to the excavator that no facilities are located in the area
of excavation by contacting the excavator by any of the following methods:
(1) By calling the primary number of the excavator or by calling the
telephone number of the responsible person as provided by the excavator under
subdivision (4) of subsection 2 of section 319.026;
(2) By leaving a message on the recording device for such numbers;
(3) By calling the cellular telephone number of the excavator or
responsible person;
(4) By notifying the excavator by facsimile or electronic mail at
numbers or addresses stated by the excavator in the notice of excavation made
under subsection 2 of section 319.026;
(5) By marking "clear" or "OK" at the site of excavation; or
(6) By verbally informing the excavator in person.
If the only means of contacting the excavator is one or more telephone numbers
provided by the excavator in the notice of excavation under section 319.026,
then two attempts by the underground facility owner to contact the excavator
at one of the telephone numbers provided shall constitute compliance with this
subsection.
2. A record of the date and means of informing the excavator that no
facilities were located by the owner or operator shall be included in the
written records of the underground facility owner regarding each specific
notice of excavation.
3. In the event that a person owning or operating an underground facility
fails to comply with the provisions of subsection 1 of this section after
notice given by an excavator in compliance with section 319.026, the
excavator, prior to commencing the excavation, shall give a second notice to
the notification center as required by section 319.026 stating that there has
been no response to the original notice given under section 319.026. After
the receipt of the notice stating there has been "no response", the owner or
operator of an underground facility shall, within two hours of the receipt of
such notice, mark its facilities or contact and inform the excavator of when
the facilities will be marked; provided, however, that for "no response"
notices made to the notification center by 2:00 p.m., the markings shall be
completed on the working day the notice is made to the notification center,
and provided that for "no response" notices made to the notification center
after 2:00 p.m., the markings shall be completed no later than 10:00 a.m. on
the next working day. If an underground facility owner fails to mark its
facilities or contact the excavator as required by this subsection, the
excavator may commence the excavation. Nothing in this subsection shall
excuse the excavator from exercising the degree of care in making the
excavation as is otherwise required by law.
4. For purposes of this section, a period of two working days begins at
12:00 a.m. following when the request is made.
2001
319.030. 1. Every person owning or operating an underground facility
to whom notice of intent to excavate is required to be given shall, upon
receipt of such notice as provided in this section from a person intending
to commence an excavation, inform the excavator as promptly as practical,
but not in excess of two working days from receipt of the notice, unless
otherwise mutually agreed, of the approximate location of underground
facilities in or near the area of the excavation so as to enable the person
engaged in the excavation work to locate the facilities in advance of and
during the excavation work. If the information available to the owner or
operator of a pipeline facility or an underground electric or
communications cable discloses that valves, vaults or other appurtenances
are located in or near the area of excavation, the owner or operator shall
either inform the excavator of the approximate location of such
appurtenances at the same time and in the same manner as the approximate
location of the remainder of the facility is provided, or shall at such
time inform the excavator that appurtenances exist in the area and provide
a telephone number through which the excavator may contact a representative
of the owner or operator who will meet at the site within one working day
after request from the excavator and at such meeting furnish the excavator
with the available information about the location and nature of such
appurtenances. If the excavator states in the notice of intent to excavate
that the excavation will involve tunneling or horizontal boring, the owner
or operator shall inform the excavator of the depth, to the best of his or
her knowledge or ability, of the facility according to the records of the
owner or operator. The owner or operator shall provide the approximate
location of underground facilities by use of markings. If stakes are used,
staking shall be consistent with the color code and other standards for
ground markings. Persons representing the excavator and the owner or
operator shall meet on the site of excavation within two working days of a
request by either person for such meeting for the purpose of clarifying
markings, or upon agreement of the excavator and owner or operator, such
meeting may be an alternate means of providing the location of facilities
by originally marking the approximate location of the facility at the time
of the meeting. If upon receipt of a notice of intent to excavate, an
owner or operator determines that he or she neither owns or operates
underground facilities in or near the area of excavation, the owner or
operator shall within two working days after receipt of the notice, inform
the excavator that the owner or operator has no facilities located in the
area of the proposed excavation. If the notice of intent to excavate
provided to the owner or operator of the underground facility by the
notification center states that a person is available at the telephone
number given in the notice between 8:00 a.m. and 5:00 p.m. on each working
day or that the excavator's telephone is equipped with a recording device,
or states a facsimile number for the excavator, the owner or operator shall
make actual notice of no facilities in the area of the excavation described
in the notice by one or more of the following methods: calling the
telephone number given between 8:00 a.m. and 5:00 p.m. on a working day;
leaving a message on the excavator's recording device; transmitting a
facsimile message to the excavator; marking "no facilities" or "clear" at
the site of excavation; or verbally informing the excavator at the site of
excavation. If the notice of intent to excavate provided to the owner or
operator does not indicate that a person is available at the telephone
number given in the notice between 8:00 a.m. and 5:00 p.m. on each working
day or that the excavator's telephone is equipped with a recording device
or that a facsimile number is provided for receiving facsimile messages,
then the owner or operator may attempt to notify the excavator of no
facilities in the area of excavation by any of the methods indicated above;
however, two documented attempts by the owner or operator to reach such an
excavator by telephone shall constitute compliance with this subsection. A
record of the date and means of informing the excavator that no facilities
were located by the owner or operator shall be included in the written
records required by subsection 3 of section 319.026.
2. Owners and operators of underground facilities who are
participants in the notification center according to the current list
maintained in the offices of the notification center shall be relieved of
the responsibility to respond to notices of intent to excavate received
directly from the person intending to commence an excavation, except for
requests for clarification of markings through on-site meetings and
requests for locations at the time of an emergency as provided by section
319.050.
3. In the event that a person owning or operating an underground
facility fails to comply with the provisions of subsection 1 of this
section after notice given by an excavator in compliance with section
319.026, the excavator, prior to commencing the excavation, shall give a
second notice to the same entity to whom the original notice was made as
required by section 319.026. If, after the receipt of the second notice,
the owner or operator of an underground facility fails to provide the
excavator with location information during the next working day, the
excavator may commence the excavation. Nothing in this subsection shall
excuse the excavator from exercising the degree of care in making the
excavation as is otherwise required by law.
4. For purposes of this section, a period of two working days begins
upon receipt of the excavator's notice of intent to excavate or upon
receipt of a request for a meeting and shall end on the second working day
thereafter at the same time of day. If the excavator's notice of intent to
excavate or a request for a meeting is received on a working day before
8:00 a.m., such period of time shall begin at 8:00 a.m. of that day. If
the excavator's notice of intent to excavate or a request for a meeting is
received after 5:00 p.m. on a working day, or at any time on a day that is
not a working day, then such period of time shall begin at 8:00 a.m. of the
first working day after the day of actual receipt.
1991
319.030. 1. Every person owning or operating an
underground facility to whom notice of intent to excavate is
required to be given hereunder through a notification center or
directly shall, upon receipt of such notice as provided herein
from a person intending to commence an excavation, inform the
excavator as promptly as practical, but not in excess of two
working days from receipt of the notice, unless otherwise
mutually agreed, of the approximate location of underground
facilities in or near the area of the excavation so as to enable
the person engaged in the excavation work to locate the
facilities in advance of and during the excavation work. If the
excavator states in the notice of intent to excavate that the
excavation will involve tunneling or horizontal boring, the owner
or operator shall inform the excavator of the depth, to the best
of his knowledge or ability, of the facility according to the
records of the owner or operator. The owner or operator shall
provide the approximate location of underground facilities by use
of marking or any other usual and customary means of providing
the approximate location. Upon agreement of the excavator and
the owner or operator of the underground facility, location may
be provided by an alternative means such as an on-site meeting or
other conference between representatives of the excavator and the
owner or operator. If the owner or operator determines that
marking is not feasible due to terrain or other physical
conditions at the site, he shall notify the excavator that
marking cannot be used and advise the excavator of another means
of location which will be used. If location is not marked, the
excavator may request additional information in locating the
facility if needed to avoid damage to the facility and the same
shall be provided by the owner or operator within twenty-four
hours of such request. If stakes are used, staking shall be
consistent with the color code and other standards for ground
markings. Persons representing the excavator and the owner or
operator shall meet on the site of excavation within forty-eight
hours of a request by either person for such meeting for the
purpose of clarifying ground markings, or upon agreement of the
excavator and owner or operator, such meeting may be an alternate
means of providing the location of facilities. If upon receipt
of a notice of intent to excavate, an owner or operator
determines that no underground facilities are located in or near
the area of excavation, the owner or operator shall within two
working days after receipt of the notice, inform the excavator
that no facilities are located in the area. A record of the date
and means of informing the excavator that no facilities were
located by the owner or operator, shall be included in the
written records required by subsection 3 of section 319.026.
2. Owners and operators of underground facilities who are
represented by a notification center according to the current
list of the recorder of deeds shall be relieved of the
responsibility to respond to notices of intent to excavate
received directly from the person intending to commence an
excavation, except for requests for clarification of ground
markings through on-site meetings and requests for locations at
the time of an emergency as provided by section 319.050.
3. In the event that a person owning or operating an
underground facility fails to comply with the provisions of
subsection 1 of this section after notice given by an excavator
in compliance with section 319.026, the excavator, prior to
commencing the excavation, shall directly contact the appropriate
owners or operators of underground facilities to obtain location
information or special instructions for proceeding with the
excavation at that location. If, after the receipt of the direct
contact by the excavator, the owner or operator of an underground
facility fails to provide the excavator with location information
or special instructions during the next working day, the
excavator may commence the excavation. Nothing in this
subsection shall excuse the excavator from exercising the degree
of care in making the excavation as is otherwise required by law.
Top
Missouri General Assembly
Copyright © Missouri Legislature, all rights reserved.
