Section 319.025

Title XXI PUBLIC SAFETY AND MORALS

Chapter 319

Effective - 28 Aug 2001, 4 histories, see footnote   (history) 

  319.025.  Excavator must give notice and obtain information, when, how — notice to notification center, when — marking site required, when — project plans provided, when. — 1. Except as provided in sections 319.030 and 319.050, a person shall not make or begin any excavation in any public street, road or alley, right-of-way dedicated to the public use or utility easement of record or within any private street or private property without first giving notice to and obtaining information concerning the possible location of any underground facilities which may be affected by said excavation from each and every owner and operator of underground facilities whose name appears on the current list of participants in the notification center. Prior to January 1, 2003, a person shall not make or begin any excavation pursuant to this subsection without also making notice to owners or operators of underground facilities which do not participate in a notification center and whose name appears on the current list of the recorder of deeds in and for the county in which the excavation is to occur. Beginning January 1, 2003, notice to the notification center of proposed excavation shall be deemed notice to all owners and operators of underground facilities. The notice referred to in this section shall comply with the provisions of section 319.026.

  2. An excavator's notice to owners and operators of underground facilities participating in the notification center pursuant to section 319.022 is ineffective for purposes of subsection 1 of this section unless given to such notification center. Prior to January 1, 2003, the notice required by subsection 1 of this section shall be given directly to owners or operators of underground facilities who are not represented by a notification center.

  3. If the excavator is engaged in trenching, ditching, drilling, well-drilling or -driving, augering or boring and, if upon notification by the excavator pursuant to section 319.026, the owner or operator notifies the excavator that the area of excavation cannot be determined from the description provided by the excavator, the excavator shall mark the proposed area of excavation prior to marking of location by the owner or operator of the facility. For any excavation, as defined in section 319.015, 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 owner or operator may require the excavator to provide project plans to the owner or operator, or meet on the site of the excavation with representatives of the owner or operator as provided by subsection 1 of section 319.030. The provisions of this subsection shall not apply to owners of residential property performing excavations on their own property.

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(L. 1976 S.B. 583 § 4, A.L. 1991 S.B. 214 & 264, A.L. 2001 H.B. 425)