Title XXI — PUBLIC SAFETY AND MORALS

319.010. Short title. — Sections 319.010 through 319.050 shall be known as the "Underground Facility Safety and Damage Prevention Act". ­­-------- (L. 1976 S.B. 583 § 1)

319.015. Definitions. — For the purposes of sections 319.010 to 319.050, the following terms mean: (1) "Approximate location", a strip of land not wider than the width of the underground facility plus two feet on either side thereof. In situations where reinforced concrete, multi…

319.019. Detectible underground location device required, when. — The underground facility owner shall ensure that all new and active underground facilities installed on any real property after August 28, 2025, with the exception of storm sewers and sanitary sewer mains and later…

319.022. Notification centers, participation requirements and eligibility — names of participants made available, when — annual audit. — 1. Any person, except a railroad regulated by the Federal Railroad Administration, who installs or otherwise owns or operates an underground fa…

319.024. Public notice of excavations, duties of owner and operator. — 1. Every person owning or operating an underground facility shall assist excavators and the general public in determining the location of underground facilities before excavation activities are begun or as may…

319.025. Excavator must give notice and obtain information, when, how — notice to notification center, when — clarification of markings, response — permit for highway excavation required. — 1. Except as provided in subsection 4 of section 319.030 and in section 319.050, an excava…

319.026. Notice of excavator, form of — written record maintained — incorrect location of facility, duty of excavator — visible markings necessary to continue work — damage, dislocation, or disturbance, notification and reporting requirements — annual report of damages required, …

319.027. Design requests, how made — marking location required. — 1. Any person may make design requests by contacting the notification center. Such design requests shall include all information deemed necessary by the notification center to complete the notice, including the ide…

319.030. Notification of location of underground facility, when, how — failure to provide notice of location, effect. — 1. Every person owning or operating an underground facility to whom notice of intent to excavate is required to be given shall, upon receipt of such notice as p…

[Repealed or reserved.]

319.033. Public right-of-way, installation within, requirements. — By January 1, 2016, if new lateral sewer pipes or water service lines are installed and connected to an underground facility within the public right-of-way, as defined in section 319.015, or if such infrastructure…

319.034. Accurate location of facilities — damages for incorrect information, immunity from excavator liability, when. — For purposes of sections 319.010 to 319.050, the location of underground facilities provided by a facility owner or operator in accordance with section 319.026…

319.035. Compliance with law still requires excavation to be made in careful and prudent manner — failure to give notice or mark facilities, rebuttable presumption of negligence. — 1. Obtaining information as required by sections 319.010 to 319.050 does not excuse any person maki…

319.037. Excavation sites included in requirements — equipment prohibited at such sites. — 1. Notwithstanding any other provision of law to the contrary, the procedures and requirements set forth in this section shall apply on the site of any excavation involving trenchless excav…

319.042. No abrogation of contractual obligations with railroads. — Notwithstanding any provision of law to the contrary, nothing in this chapter shall abrogate any contractual provisions entered into between any railroad and any other party owning or operating an underground fac…

319.045. Civil penalties — attorney general may bring action and shall make public number of enforcement actions. — 1. Any person who violates in any material respect the provisions of section 319.022, 319.025, 319.026, 319.030, 319.037, or this section or who willfully damages a…

319.046. Arbitration of disputes, when. — Parties with a dispute related to the provisions of sections 319.015 to 319.050 may request arbitration for disputes of less than five thousand dollars. ­­-------- (L. 2014 H.B. 1867) Effective 1-01-15

319.050. Exemptions from requirement to obtain information. — 1. The provisions of sections 319.025 and 319.026 shall not apply to any excavation when necessary due to an emergency as defined in section 319.015. An excavation may proceed regarding such emergency, provided all rea…

319.075. Citation of law. — Sections 319.075 to 319.090 may be cited and shall be known as the "Overhead Power Line Safety Act". ­­-------- (L. 1991 S.B. 214 & 264 § 1) (2005) Act does not affect or create an exception to an employer's immunity under the Worker's Compensation Act…

319.078. Definitions. — As used in sections 319.075 to 319.090, the following terms mean: (1) "Authorized person": (a) An employee of a public utility or an employee of a contractor which has been authorized by a public utility to perform construction, operation or maintenance on…

319.080. Activities within ten feet of power lines prohibited, exceptions. — Unless danger against contact with high voltage overhead lines has been guarded against as provided by section 319.083, no person, individually or through an agent or employee, shall store, operate, erec…

319.083. Special devices and precautions required — costs. — 1. When any person desires to temporarily carry out any function or activity in closer proximity to any high voltage overhead line than is permitted by sections 319.075 to 319.090, the person or persons responsible for …

319.085. Presumption of negligence, when, rebuttable. — If a violation of any of the provisions of sections 319.075 to 319.090 results in physical or electrical contact with any high voltage overhead line such violation shall be a rebuttable presumption of negligence on the part …

319.088. Exemptions from law. — Sections 319.075 to 319.090 shall not apply to: (1) Construction, operation or maintenance of power lines and telecommunications lines or authorized attachments thereto by an authorized person as defined in section 319.078; or (2) Governmental enti…

319.090. Violations, penalty. — Any person who violates any of the provisions of sections 319.075 to 319.088 is guilty of a class B misdemeanor. ­­-------- (L. 1991 S.B. 214 & 264 § 7)

319.100. Definitions. — As used in sections 319.100 to 319.137, the following terms mean: (1) "Aboveground storage tank", any one or a combination of tanks, including pipes connected thereto, used to contain an accumulation of petroleum and the volume of which, including the volu…

319.103. Tank owners to register with department of natural resources, information required — exceptions — forms — out of service tanks permanently or temporarily, required information and registration — sale of tanks, seller to inform purchaser of registration duties. — 1. Withi…

319.105. Standards to be developed by department for all new tanks and for upgrading existing tanks — no tanks to be installed until standards established, exceptions. — 1. The department shall issue performance standards for underground storage tanks brought into use after Augus…

319.107. Leak detection system and inventory control system, standards of performance and records, department to establish — owner to be reimbursed for testing and monitoring costs from storage tank insurance fund. — The department shall establish standards of performance for mai…

319.109. Releases and corrective actions to be reported, standards — rules authorized. — The department shall establish requirements for the reporting of any releases and corrective action taken in response to a release from an underground storage tank, including the specific qua…

319.111. Closure of tanks, requirements — notice — department to establish. — The department shall establish requirements for the closure of tanks, including notice prior to closure, to prevent future releases of regulated substances to the environment. ­­-------- (L. 1989 H.B. 7…

319.114. Evidence of financial responsibility required to cover certain damages — rules to be established by department. — 1. The department shall establish rules requiring the owner or operator to maintain evidence of financial responsibility in an amount and form sufficient for…

319.117. Information and records to be available to department for inspection, monitoring and testing — certain information to be confidential and not available to the public — department of agriculture to conduct inspections. — 1. For the purposes of developing or assisting in t…

319.120. Certificate of registration required — issued when — term of certificate — application, forms — owner may operate prior to certification until issue or denial. — 1. Except as provided for in sections 319.100 to 319.137, no person shall own or operate an underground stora…

319.123. Fee for certification, amount, deposit — underground storage tank regulation program fund established, purpose. — Application for a certificate of registration shall be accompanied by a fee. The fee shall be fifteen dollars per tank per year assessed on a rotating basis …

319.125. Certificate denied or invalidated by department, procedure, grounds. — 1. The department may deny or invalidate a certificate of registration issued under sections 319.120 and 319.123 if the department finds, after notice and a hearing pursuant to chapter 260, that the o…

319.127. Violations, procedure — penalty, disposition. — 1. It is unlawful for any owner or operator to cause or permit any violations of sections 319.100 to 319.137, or any standard, rule or regulation, order or permit term or condition adopted or issued hereunder. Except as pro…

319.129. Petroleum storage tank insurance fund created — fees — state treasurer may deposit funds where, interest credited to fund — administration of fund — board of trustees created, members, meetings — expires when — continuation after expiration, when — independent audit — ru…

319.130. Public hearings required, when — training program requirements — record keeping — rulemaking authority. — 1. On or before April 1, 2012, the board of trustees of the petroleum storage tank insurance fund shall hold one or more public hearings to determine whether to crea…

319.131. Owners of tanks containing petroleum products may elect to participate — advisory committee, members, duties — applications, content, standards and tests — financial responsibility — deductible — fund not liability of state — defense of third-party claims — ineligible si…

319.132. Board of trustees to assess surcharge on petroleum products per transport load, exceptions, deposit in fund, refund procedure — rate of surcharge — suspension of fees, when. — 1. The board shall assess a surcharge on all petroleum products within this state which are enu…

319.133. Annual payments by owners, amount established by rule, limitation — change of ownership, no new fee required — installment payments authorized, when — applicable rules — site assessment required, when. — 1. The board shall, in consultation with the advisory committee est…

319.135. No liability for release of petroleum at direction of coordinator, exception. — No person shall be liable under sections 319.100 to 319.137 for damages as a result of actions taken or omitted in the course of rendering care, assistance or advice at the direction of a coo…

319.136. Tank ineligible for delivery, deposit, or acceptance, when — violation, procedure — red tag to be affixed, when. — 1. An underground storage tank shall be ineligible for delivery, deposit, or acceptance of petroleum if the underground storage tank meets one or more of th…

319.137. Rules, authority to adopt federal rules or to provide more stringent rules, when — procedure to promulgate. — 1. Rules and regulations promulgated by the United States Environmental Protection Agency under subtitle I of the federal Resource Conservation Recovery Act of 1…

319.138. Fund shall provide moneys for cleanup of petroleum storage tank contamination, when. — Notwithstanding the provisions of section 319.100 and subdivision (1) of subsection 3 of section 319.131, the fund shall provide moneys for cleanup of contamination caused by the relea…

319.139. Administrative penalties, assessment, procedure — rules — payment, appeal — collection. — 1. In addition to any other remedy provided by law, upon a determination by the director that a provision of sections 319.100 to 319.137 or a standard, limitation, order, rule or re…

319.140. Task force on the petroleum storage tank insurance fund established, members, duties, meetings — expiration date. — 1. There is established a task force of the general assembly to be known as the "Task Force on the Petroleum Storage Tank Insurance Fund". Such task force …

319.200. Notice to cities and counties subject to earthquake to adopt seismic construction and renovation ordinances, when — standards. — 1. Notwithstanding other provisions of law to the contrary, the state geologist and the U. S. Geological Survey shall notify the state emergen…

319.203. Ordinance to apply to certain buildings, structures and state leases. — 1. The provisions of sections 319.200 to 319.207 shall apply to: (1) All buildings upon which construction was begun after January 1, 1994, for which leases are executed by political subdivisions of …