§ 12-127. Notification from exchange system required before excavation or demolition

West's Annotated Code of MarylandPublic UtilitiesEffective: March 13, 2021

West's Annotated Code of Maryland
Public Utilities (Refs & Annos)
Division I. Public Services and Utilities [Titles 1-15] (Refs & Annos)
Title 12. Underground Facilities (Refs & Annos)
Subtitle 1. Excavation or Demolition near Underground Facilities (Refs & Annos)
Part IV. Excavation and Demolition (Refs & Annos)
Effective: March 13, 2021
MD Code, Public Utilities, § 12-127
§ 12-127. Notification from exchange system required before excavation or demolition
Currentness
In general
(a) A person that intends to perform excavation or demolition may begin excavation or demolition activity only after the person receives notification from the underground facilities information exchange system of the one-call system confirming that all applicable owner-members or their contract locators have:
(1) marked their underground facilities in accordance with § 12-126(c) of this subtitle;
(2) marked the applicable portion of their underground facilities in accordance with § 12-126(d) of this subtitle; or
(3) reported that they have no underground facilities in the vicinity of the excavation or demolition.
Maintenance of designated marker
(b)(1) After an owner-member or its contract locator has marked the location of an underground facility in accordance with § 12-126 of this subtitle, the person performing the excavation or demolition is responsible for the maintenance of the designated mark.
(2) If the mark is obliterated, destroyed, or removed, the person:
(i) shall repeat the notification required under § 12-125 of this subtitle; but
(ii) may not in any manner replace or repair the mark.
Care to avoid interference or damage to underground facility
(c)(1) A person performing excavation or demolition or supervising a temporary excavator shall have a copy of the ticket issued by a one-call system available, by any means, on the site of the activity for the duration of the ticket.
(2) A person performing an excavation or demolition shall exercise due care to avoid interference with or damage to an underground facility:
(i) that an owner-member or its contract locator has marked in accordance with § 12-126 of this subtitle; or
(ii) where clear evidence of an unmarked underground facility exists.
(3) Before using mechanized equipment for excavation or demolition within 18 inches of an underground facility marking, a person shall expose the underground facility to its outermost surfaces by hand or other nondestructive techniques.
(4) When utilizing a trenchless technology method, to prevent the occurrence of a cross-bore, a person shall expose by nondestructive techniques intersecting underground facilities to the depth of the excavation plus 18 inches in the path of the trenchless technology operation during the entire trenchless installation operation.
(5) A person may not use mechanized equipment to excavate within 18 inches of the outermost surface of an exposed underground facility.
Notification of damage, dislocation or disturbance of underground facility
(d)(1) The person performing an excavation or demolition shall promptly report to the owner-member of the facility if the person discovers or causes any damage to or dislocation or disturbance of an underground facility in connection with the excavation or demolition.
(2) If the damage, dislocation, or disturbance results in the escape of a flammable, toxic, or corrosive gas or liquid, the person performing the excavation or demolition immediately shall report the damage to the 9-1-1 emergency system.
Unmarked underground facilities
(e)(1) If a person knows or has reason to know that an underground facility in the area of a planned or ongoing excavation or demolition is not marked as required by this subtitle, the person may not begin or continue the excavation or demolition unless the person:
(i) has repeated the notification as required under § 12-125 of this subtitle; and
(ii) receives notification from the underground facilities information exchange system of the one-call system confirming that all applicable owner-members that have underground facilities in the vicinity of the excavation or demolition have marked:
1. the underground facilities in accordance with § 12-126(c) of this subtitle; or
2. the applicable portion of the underground facilities in accordance with 12-126(d) of this subtitle.
(2) If the underground facility is not marked as required by this subtitle after the person receives notification from the underground facilities information exchange system under paragraph (1) of this subsection, the person may proceed with the excavation or demolition.

Credits

Added by Acts 2010, c. 635, § 3, eff. Oct. 1, 2010. Amended by Acts 2021, c. 18, § 1, eff. March 13, 2021.
MD Code, Public Utilities, § 12-127, MD PUBLIC UTIL § 12-127
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document