(1) Except for emergency excavation as provided in Section 77-13-11, impending emergency excavation as provided in paragraph (c) of this subsection, and submerged excavation as provided in subsection (8) of this section, before beginning any excavation, the excavator shall:(a) Provide not less than three (3) and not more than ten (10) working days’ advance written, electronic or telephonic notice of the commencement, extent, location and duration of the excavation work to Mississippi 811, Incorporated, so that a locate request ticket may be processed, notifying operator(s) to locate and mark the location of underground utility lines and underground facilities in the excavation area. The advance written, electronic or telephonic notice required by this subsection shall not be required where a qualified operator using reasonable care so as to protect himself and any underground facility that may be in the area, uses a hand-powered probe rod to locate that operator’s underground facilities for the purpose of underground facility mapping.The written, electronic or telephonic notice required by this paragraph (a) shall contain the name, address and telephone number of the person filing the notice of intent, the person responsible for the excavation, the starting date, anticipated duration, type of excavation to be conducted, the location of the proposed excavation, which is limited to an area the excavator reasonably believes may be completed within twenty (20) calendar days from the date and time the locate request ticket is processed in the Mississippi 811, Inc., system and does not include any area in which the excavator has already completed the excavation work, and whether or not explosives are to be used.In addition to all other violations of this chapter, providing advanced written notification required by this paragraph (a) where the proposed excavation location could not reasonably be completed within twenty (20) calendar days from the date and time the locate request ticket is processed in the Mississippi 811, Inc., system or where the proposed excavation location includes any area in which the excavator has already completed the excavation work shall constitute violations of this chapter.(b) Prior to providing the advance notice to Mississippi 811, Inc., as required by paragraph (a) of this subsection, the excavator shall pre-mark the approximate boundary of the proposed excavation area with white paint, flags, stakes or electronic pre-marking. Where an excavator pre-marks the proposed excavation area with a single stake or other single-point indicator, that excavator represents that the proposed excavation area does not exceed fifty (50) feet in any direction from the pre-mark. Pre-marking of the proposed excavation area may not exceed the actual area of excavation. If the pre-marked proposed excavation area is inconsistent with the proposed excavation area described in the locate request ticket, then the proposed excavation area in the locate request ticket shall control. Pre-marking of the proposed excavation area with white paint, flags, stakes or electronic pre-marking shall not be required for excavation performed on property owned by the excavator where the proposed excavation area can be defined clearly and adequately and described in the locate request ticket.(c) Provide advance written, electronic or telephonic notice of the commencement, extent, location and duration of the excavation work to Mississippi 811, Incorporated, for excavations required due to an impending emergency, that includes an excavation start time that is not less than twelve (12) hours from the time of notices provided between 8:00 p.m. and 11:59 a.m., and not sooner than 8:00 a.m., on the next calendar day for notices provided between 12:00 p.m. and 7:59 p.m., so that a locate request ticket may be processed, informing operators to locate and mark the location of underground utility lines and underground facilities in the excavation area.In addition to the written, electronic or telephonic notice information required in paragraph (a) of this subsection, the excavator shall also provide contact information for a person readily available to discuss the impending emergency excavation with operators.
(a) Provide not less than three (3) and not more than ten (10) working days’ advance written, electronic or telephonic notice of the commencement, extent, location and duration of the excavation work to Mississippi 811, Incorporated, so that a locate request ticket may be processed, notifying operator(s) to locate and mark the location of underground utility lines and underground facilities in the excavation area. The advance written, electronic or telephonic notice required by this subsection shall not be required where a qualified operator using reasonable care so as to protect himself and any underground facility that may be in the area, uses a hand-powered probe rod to locate that operator’s underground facilities for the purpose of underground facility mapping.
The written, electronic or telephonic notice required by this paragraph (a) shall contain the name, address and telephone number of the person filing the notice of intent, the person responsible for the excavation, the starting date, anticipated duration, type of excavation to be conducted, the location of the proposed excavation, which is limited to an area the excavator reasonably believes may be completed within twenty (20) calendar days from the date and time the locate request ticket is processed in the Mississippi 811, Inc., system and does not include any area in which the excavator has already completed the excavation work, and whether or not explosives are to be used.
In addition to all other violations of this chapter, providing advanced written notification required by this paragraph (a) where the proposed excavation location could not reasonably be completed within twenty (20) calendar days from the date and time the locate request ticket is processed in the Mississippi 811, Inc., system or where the proposed excavation location includes any area in which the excavator has already completed the excavation work shall constitute violations of this chapter.
(b) Prior to providing the advance notice to Mississippi 811, Inc., as required by paragraph (a) of this subsection, the excavator shall pre-mark the approximate boundary of the proposed excavation area with white paint, flags, stakes or electronic pre-marking. Where an excavator pre-marks the proposed excavation area with a single stake or other single-point indicator, that excavator represents that the proposed excavation area does not exceed fifty (50) feet in any direction from the pre-mark. Pre-marking of the proposed excavation area may not exceed the actual area of excavation. If the pre-marked proposed excavation area is inconsistent with the proposed excavation area described in the locate request ticket, then the proposed excavation area in the locate request ticket shall control. Pre-marking of the proposed excavation area with white paint, flags, stakes or electronic pre-marking shall not be required for excavation performed on property owned by the excavator where the proposed excavation area can be defined clearly and adequately and described in the locate request ticket.
(c) Provide advance written, electronic or telephonic notice of the commencement, extent, location and duration of the excavation work to Mississippi 811, Incorporated, for excavations required due to an impending emergency, that includes an excavation start time that is not less than twelve (12) hours from the time of notices provided between 8:00 p.m. and 11:59 a.m., and not sooner than 8:00 a.m., on the next calendar day for notices provided between 12:00 p.m. and 7:59 p.m., so that a locate request ticket may be processed, informing operators to locate and mark the location of underground utility lines and underground facilities in the excavation area.
In addition to the written, electronic or telephonic notice information required in paragraph (a) of this subsection, the excavator shall also provide contact information for a person readily available to discuss the impending emergency excavation with operators.
(2) Except for submerged excavation, the markings provided by operators and the locate request ticket shall only be valid for a period of twenty (20) calendar days from the date and time the locate request ticket is processed in the Mississippi 811, Incorporated system. The excavator shall preserve all markings until they are no longer required for proper and safe excavation. When a mark is no longer visible but the excavator’s work continues in the vicinity of underground facilities, underground lines or submerged facilities, the excavator shall notify Mississippi 811, Inc., of the need for a remark. An excavator shall not make repeated requests for remarking unless necessary due to circumstances not reasonably within the control of the excavator.
(3) Except for submerged excavation, the person responsible for the excavation project shall renew the notification with Mississippi 811, Incorporated, at least three (3) and not more than four (4) working days prior to this expiration date and shall continue to renew such notification in the same manner throughout the duration of the excavation. Such renewal notice shall be valid for a period of twenty (20) calendar days from the date and time the renewal locate request is processed in the Mississippi 811, Inc., system. The proposed excavation location on a renewal locate request ticket shall not include any area in which the excavator has already completed the excavation work. In addition to all other violations of this chapter, renewing a locate request ticket that includes any area within the proposed excavation location in which the excavator has already completed the excavation work shall constitute a violation of this chapter.
(4) Except when such excavation is in a clearly marked underground facility right-of-way, compliance with the notice requirements of this section shall not be required of: (a) persons plowing less than twenty-four (24) inches in depth for agricultural purposes; (b) persons who are moving or otherwise displacing, by hand, earth, rock or other material or mass of material on or below the ground at a depth of less than twelve (12) inches on property they own; (c) persons, other than the property owner, who are moving or otherwise displacing, by hand, earth, rock or other material or mass of material on or below the ground at a depth of less than twelve (12) inches; and (d) any excavation or demolition that occurs as the result of electric power generation activities, if those activities are confined to the immediate secured property of the facility and the activities are not performed on any operator’s marked right-of-way, easement or permitted use.
(5) In addition to complying with this act and all other applicable regulations and requirements of federal, state, county and municipal authorities, a person may not engage in excavation of any kind within the tolerance zone unless the excavator satisfies all of the following conditions:(a) Determines the precise location of all marked underground facilities and underground lines in or near the area where the excavation is to be conducted using noninvasive methods of excavation such as hand digging, pot holing, soft digging, vacuum methods, use of pressurized air or water, pneumatic hand tools or other similar procedures; (b) Plans and conducts the excavation to avoid or minimize interference with or damage to underground utility lines and underground facilities in or near the excavation area; (c) Maintains a clearance between an underground utility line or underground facility and the cutting edge or point of any mechanical excavating equipment, taking into account the known limit of control of the cutting edge or point, as may be reasonably necessary to avoid damage to the facility; and(d) Provides such support for underground utility lines and underground facilities in and near the excavation area, including during any backfilling operations, as may be reasonably necessary for the protection of the facilities.
(a) Determines the precise location of all marked underground facilities and underground lines in or near the area where the excavation is to be conducted using noninvasive methods of excavation such as hand digging, pot holing, soft digging, vacuum methods, use of pressurized air or water, pneumatic hand tools or other similar procedures;
(b) Plans and conducts the excavation to avoid or minimize interference with or damage to underground utility lines and underground facilities in or near the excavation area;
(c) Maintains a clearance between an underground utility line or underground facility and the cutting edge or point of any mechanical excavating equipment, taking into account the known limit of control of the cutting edge or point, as may be reasonably necessary to avoid damage to the facility; and
(d) Provides such support for underground utility lines and underground facilities in and near the excavation area, including during any backfilling operations, as may be reasonably necessary for the protection of the facilities.
(6) A person may make a written, electronic or telephonic design information request to Mississippi 811, Incorporated, so that owners and operators of utilities may locate underground utility lines, underground facilities and submerged facilities in the design information area. The design information request shall contain the name, address, and telephone number of the person making the request, the type of project planned, and a description of the area to be located with sufficient particularity to enable the utility owner or operator to ascertain the precise tract or parcel of land involved.
(7) (a) Notwithstanding any other provision of this chapter to the contrary, the procedures and requirements set forth in this subsection (7) shall apply on the site of any excavation involving trenchless excavation, including directional boring, where the approximate location of underground utility lines or underground facilities has been marked in compliance with Section 77-13-9.(b) The excavator shall not use power-driven equipment for trenchless excavation, including directional boring, across or within the tolerance zone unless, when reasonably practical, the excavator exposes the planned trenchless excavation path by a noninvasive method such as hand digging, pot holing when practical, soft digging, vacuum methods, use of pressurized air or water, or pneumatic hand tools and then carefully and prudently monitors the horizontal and vertical location of the trenchless excavation device in a manner calculated to enable the device to be visually observed by the excavator as it crosses the entire width of the tolerance zone.(c) For trenchless excavations, including directional boring, parallel to the tolerance zone, the excavator shall, when reasonably practical, use a noninvasive method such as hand digging, pot holing when practical, soft digging, vacuum methods, use of pressurized air or water, or pneumatic hand tools to identify the actual location of the underground utility facility at careful and prudent intervals.
(a) Notwithstanding any other provision of this chapter to the contrary, the procedures and requirements set forth in this subsection (7) shall apply on the site of any excavation involving trenchless excavation, including directional boring, where the approximate location of underground utility lines or underground facilities has been marked in compliance with Section 77-13-9.
(b) The excavator shall not use power-driven equipment for trenchless excavation, including directional boring, across or within the tolerance zone unless, when reasonably practical, the excavator exposes the planned trenchless excavation path by a noninvasive method such as hand digging, pot holing when practical, soft digging, vacuum methods, use of pressurized air or water, or pneumatic hand tools and then carefully and prudently monitors the horizontal and vertical location of the trenchless excavation device in a manner calculated to enable the device to be visually observed by the excavator as it crosses the entire width of the tolerance zone.
(c) For trenchless excavations, including directional boring, parallel to the tolerance zone, the excavator shall, when reasonably practical, use a noninvasive method such as hand digging, pot holing when practical, soft digging, vacuum methods, use of pressurized air or water, or pneumatic hand tools to identify the actual location of the underground utility facility at careful and prudent intervals.
(8) (a) Before beginning a submerged excavation, the excavator shall provide not less than seven (7) working days’ advance written, electronic or telephonic notice of the commencement, extent, location and duration of the submerged excavation work to Mississippi 811, Inc., so that a locate request ticket may be processed notifying operators to locate and mark the location of submerged facilities in the excavation area. The written, electronic or telephonic notice required by this subsection (8) must contain: the name, address and telephone number of the person filing the notice of intent; the person responsible for the excavation; the starting date, anticipated duration and type of excavation to be conducted; the location of the proposed excavation, which is limited to an area the excavator reasonably believes may be completed within thirty (30) calendar days from the date and time the locate request ticket is processed in the Mississippi 811, Inc., system and which may not include any area in which the excavator already has completed the excavation work; and whether or not explosives are to be used. In addition to all other violations of this chapter, providing advance written notification required by this paragraph (a) when the proposed submerged excavation location could not reasonably be completed within thirty (30) calendar days from the date and time the locate request ticket is processed in the Mississippi 811, Inc., system or when the proposed excavation location includes any area in which the excavator already has completed the excavation work constitutes a violation of this chapter. Before providing the advance notice to Mississippi 811, Inc., as required by this paragraph (a), the excavator shall pre-mark the approximate boundary of the proposed excavation area with white paint, flags, stakes or electronic pre-marking. (b) For submerged facilities, the markings provided by operators and the locate request ticket shall be valid for a period of thirty (30) calendar days from the date and time the locate request ticket is processed in the Mississippi 811, Inc., system. The person responsible for the excavation project shall renew the notification with Mississippi 811, Inc., at least seven (7), and not more than ten (10), working days before this expiration date and shall continue to renew the notification in the same manner throughout the duration of the excavation. The renewal notice shall be valid for a period of thirty (30) calendar days from the date and time the renewal locate request is processed in the Mississippi 811, Inc., system. The proposed excavation location on a renewal locate request ticket may not include any area in which the excavator already has completed the excavation work. In addition to all other violations of this chapter, renewing a locate request ticket that includes any area within the proposed submerged excavation location in which the excavator has already completed the excavation work constitutes a violation of this chapter.(c) A person seeking to excavate within the marine exclusion zone shall request consent from operators with submerged facilities located within the marine exclusion zone, and in such instances, the operators, in good faith, shall respond to and consult with the requesting excavator. Excavation may not occur within the marine exclusion zone without the written consent from operators with submerged facilities located within the marine exclusion zone, which consent may not be unreasonably withheld.
(a) Before beginning a submerged excavation, the excavator shall provide not less than seven (7) working days’ advance written, electronic or telephonic notice of the commencement, extent, location and duration of the submerged excavation work to Mississippi 811, Inc., so that a locate request ticket may be processed notifying operators to locate and mark the location of submerged facilities in the excavation area. The written, electronic or telephonic notice required by this subsection (8) must contain: the name, address and telephone number of the person filing the notice of intent; the person responsible for the excavation; the starting date, anticipated duration and type of excavation to be conducted; the location of the proposed excavation, which is limited to an area the excavator reasonably believes may be completed within thirty (30) calendar days from the date and time the locate request ticket is processed in the Mississippi 811, Inc., system and which may not include any area in which the excavator already has completed the excavation work; and whether or not explosives are to be used. In addition to all other violations of this chapter, providing advance written notification required by this paragraph (a) when the proposed submerged excavation location could not reasonably be completed within thirty (30) calendar days from the date and time the locate request ticket is processed in the Mississippi 811, Inc., system or when the proposed excavation location includes any area in which the excavator already has completed the excavation work constitutes a violation of this chapter. Before providing the advance notice to Mississippi 811, Inc., as required by this paragraph (a), the excavator shall pre-mark the approximate boundary of the proposed excavation area with white paint, flags, stakes or electronic pre-marking.
(b) For submerged facilities, the markings provided by operators and the locate request ticket shall be valid for a period of thirty (30) calendar days from the date and time the locate request ticket is processed in the Mississippi 811, Inc., system. The person responsible for the excavation project shall renew the notification with Mississippi 811, Inc., at least seven (7), and not more than ten (10), working days before this expiration date and shall continue to renew the notification in the same manner throughout the duration of the excavation. The renewal notice shall be valid for a period of thirty (30) calendar days from the date and time the renewal locate request is processed in the Mississippi 811, Inc., system. The proposed excavation location on a renewal locate request ticket may not include any area in which the excavator already has completed the excavation work. In addition to all other violations of this chapter, renewing a locate request ticket that includes any area within the proposed submerged excavation location in which the excavator has already completed the excavation work constitutes a violation of this chapter.
(c) A person seeking to excavate within the marine exclusion zone shall request consent from operators with submerged facilities located within the marine exclusion zone, and in such instances, the operators, in good faith, shall respond to and consult with the requesting excavator. Excavation may not occur within the marine exclusion zone without the written consent from operators with submerged facilities located within the marine exclusion zone, which consent may not be unreasonably withheld.