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216D.06.1

Statute ID: 17697

Statute Function ID: 36714

Excavation - Damage to facility; Notice; Repair

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

216D.06.1

Enactment Date:

Apr 12, 1999

Effective Date:

Aug 1, 1999

Expiration Date:

Repealed?:

Summary Text:

Excavation - Damage to facility; Notice; Repair

Statute ID:

17697

Created:

Apr 16, 2020 by mnjis.legal.analyst@state.mn.us

Updated:

Apr 16, 2020 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Last amended 1999 c 43 s 1; added per request; charge at (c)

Summary Text:

Excavation - Damage to facility; Notice; Repair

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/216D/06.html

Legislative Session:

1999 - Regular

Session Law Text?:

Statute text last updated on:

Apr 16, 2020

(a) If any damage occurs to an underground facility or its protective covering, the excavator shall notify the operator promptly. When the operator receives a damage notice, the operator shall promptly dispatch personnel to the damage area to investigate. If the damage results in the escape of any flammable, toxic, or corrosive gas or liquid or endangers life, health, or property, the excavator responsible shall immediately notify the operator and the 911 public safety answering point, as defined in section 403.02, subdivision 19, and take immediate action to protect the public and property. The excavator shall also attempt to minimize the hazard until arrival of the operator's personnel or until emergency responders have arrived and completed their assessment. The 911 public safety answering point shall maintain a response plan for notifications generated by this section.

(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.