Marking location of underground facilities; timeliness

Miss. Code Ann. § 77-13-9, under Regulation of Excavations Near Underground Utility Facilities.

Miss. Code Ann. § 77-13-9

(1) Every person owning or operating underground utility lines, underground facilities or submerged facilities shall, upon receiving advance notice of the commencement of excavation, in accordance with Section 77-13-5, make an investigation to determine the approximate location of its underground utility lines, underground facilities and submerged facilities in the area of the proposed excavation, and shall either: (a) mark the approximate location of underground utility lines, underground facilities and submerged facilities in or near the area of the excavation, so as to enable the person engaged in excavation work to locate the lines and facilities in advance of and during the excavation work and notify the excavator through the PRIS that the facilities have been marked; or (b) advise through the PRIS that it has no underground utility lines, underground facilities or submerged facilities in the excavation area.

(2) Unless otherwise agreed in writing between the operator and the excavator, the operator shall perform its obligations described in subsection (1) of this section within the following times:(a) Standard Excavation: For an underground utility line or underground facility in the area of excavation, within three (3) working days from the time the locate request ticket is processed in accordance with Section 77-13-5(1)(a). If an operator can locate its underground utility lines or underground facilities in the excavation area only by excavation, the operator shall provide notice of such through PRIS, and that operator shall be allowed a reasonable amount of additional time, not to exceed four (4) working days from the time the locate request ticket is processed in accordance with Section 77-13-5(1)(a), to mark the approximate location of the underground utility lines or underground facilities. In lieu of marking described in subsection (1) of this section, the operator may request to be present at the site upon commencement of the excavation, so long as the operator complies within three (3) working days from the time the locate request ticket is processed in accordance with Section 77-13-5(1)(a). (b) Submerged Excavation: For a submerged facility in the area of submerged excavation, within seven (7) working days from the time the locate request ticket is processed in accordance with Section 77-13-5(8).(c) Emergency Excavation: For an underground utility line or underground facility in the area of an emergency excavation, within two (2) hours from the time the locate request ticket is processed in accordance with Section 77-13-11.(d) Impending Emergency Excavation: For an underground utility line or underground facility in the area of impending emergency excavation, before the start time of excavation provided in the locate request ticket in accordance with Section 77-13-5(1)(c).

(a) Standard Excavation: For an underground utility line or underground facility in the area of excavation, within three (3) working days from the time the locate request ticket is processed in accordance with Section 77-13-5(1)(a). If an operator can locate its underground utility lines or underground facilities in the excavation area only by excavation, the operator shall provide notice of such through PRIS, and that operator shall be allowed a reasonable amount of additional time, not to exceed four (4) working days from the time the locate request ticket is processed in accordance with Section 77-13-5(1)(a), to mark the approximate location of the underground utility lines or underground facilities. In lieu of marking described in subsection (1) of this section, the operator may request to be present at the site upon commencement of the excavation, so long as the operator complies within three (3) working days from the time the locate request ticket is processed in accordance with Section 77-13-5(1)(a).

(b) Submerged Excavation: For a submerged facility in the area of submerged excavation, within seven (7) working days from the time the locate request ticket is processed in accordance with Section 77-13-5(8).

(c) Emergency Excavation: For an underground utility line or underground facility in the area of an emergency excavation, within two (2) hours from the time the locate request ticket is processed in accordance with Section 77-13-11.

(d) Impending Emergency Excavation: For an underground utility line or underground facility in the area of impending emergency excavation, before the start time of excavation provided in the locate request ticket in accordance with Section 77-13-5(1)(c).

(3) Before and during excavation, the excavator shall inspect the excavation site and inform himself or herself of the presence of marks and evidence of unmarked underground utility lines or underground facilities on the excavation site. When an excavator, upon arriving at an excavation site, sees evidence of unmarked underground utility lines or underground facilities or encounters an unmarked underground utility line or underground facility on an excavation site after excavation has commenced where notice of intent has been made in accordance with the provisions of this chapter, that excavator must immediately contact Mississippi 811, Incorporated. All operator(s) thus notified must contact the excavator within two (2) hours and inform the excavator of any of their known underground facilities, active or abandoned, at the site of the excavation.

(4) When marking the approximate location of the facilities, the operator shall follow the color code designated and described herein, unless otherwise provided for by specific administrative rule or regulation promulgated pursuant to this chapter, namely:Utility or type of facilityGroup identifying colorElectricSafety RedPetroleum Product/Hazardous/ Flammable/Corrosive/Toxic Materials, Product and Steam Lines, Gas or Gaseous MaterialHigh Visibility Safety YellowTelecommunications (including fiber optics) and CATVSafety Alert OrangePotable WaterSafety Precaution BlueReclaimed Water, Irrigation, Slurry LinesPurpleSewer and Drain LinesSafety GreenTemporary Survey MarkingsHigh Visibility PinkProposed ExcavationWhite

Utility or type of facilityGroup identifying colorElectricSafety RedPetroleum Product/Hazardous/ Flammable/Corrosive/Toxic Materials, Product and Steam Lines, Gas or Gaseous MaterialHigh Visibility Safety YellowTelecommunications (including fiber optics) and CATVSafety Alert OrangePotable WaterSafety Precaution BlueReclaimed Water, Irrigation, Slurry LinesPurpleSewer and Drain LinesSafety GreenTemporary Survey MarkingsHigh Visibility PinkProposed ExcavationWhite

(5) All utility facilities installed by owners or operators of utilities on or after January 1, 2010, shall be installed in such manner that the utility facility may be located by using a generally accepted electronic locating method.

(6) If, before the expiration of the times set forth in subsection (2) of this section, all identified facility owners or operators have responded to the locate request and all have indicated that their facilities are either not in conflict or have been marked as indicated through the use of the PRIS, then the person planning to perform excavation or blasting shall be authorized to commence work, subject to the other requirements of this section, without waiting for the times in subsection (2) of this section to expire.

(7) Upon receiving a design information request, the utility owner or operator shall within seven (7) working days from the time notice is provided in accordance with this chapter to Mississippi 811, Incorporated, respond by one (1) of the following methods: (a) marking the approximate location of its underground utility lines, underground facilities and submerged facilities in the area in accordance with subsection (1) of this section; (b) providing to the person making the design information request the best available description of its underground utility lines, underground facilities and submerged facilities in the area which may include drawings or other records maintained by the utility owner or operator; or (c) allowing the person making the design information request or any other authorized person to inspect or copy the drawings or other records for all underground utility lines and utility facilities in the area.