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216D.06.1(c)
Statute ID:
17698
Statute Function ID:
36716
Excavation - Damage to facility; Knowingly damages no notification or back fills in violation of (b)
In Effect
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Function Details
History
Text
Charge
Classifications
Offense Level:
Petty Misdemeanor (PM)
General Offense Code:
Other (9)
Offense Summary Code & Rank:
Crimes Against Govt (Y) (Rank 19)
Detailed Offense Code:
Health and Safety (913)
Offense Severity Level:
Function Text:
UCR Code
Description
90Z
All Other Offenses
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
Yes
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
216D.06.1(c)
Enactment Date:
Apr 12, 1999
Effective Date:
Aug 1, 1999
Expiration Date:
Repealed?:
No
Summary Text:
Excavation - Damage to facility; Knowingly damages no notification or back fills in violation of (b)
Statute ID:
17698
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:
Misdemeanor; Certifiable as a petty flag
Summary Text:
Excavation - Damage to facility; Knowingly damages no notification or back fills in violation of (b)
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/216D/06.html
Legislative Session:
1999 - Regular
Session Law Text?:
No
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.
