Michigan Laws 460.726 – Notification system; transmission of ticket to facility owners or operators; availability; positive response system; maintenance of records; emergency notice; design tickets
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 460.726
- Blasting: means changing the level or grade of land or rendering, tearing, demolishing, moving, or removing earth, rock, buildings, structures, or other masses or materials by seismic blasting or the detonation of dynamite or any other explosive agent. See Michigan Laws 460.723
- Damage: means any impact upon or exposure of an underground facility requiring its repair or replacement due to weakening, partial destruction, or complete destruction of the facility, including, but not limited to, the protective coating, lateral support, cathodic protection, or housing of the facility. See Michigan Laws 460.723
- Dig notice: means a communication to the notification system by an excavator providing notice of intended excavation or blasting activity as required by this act. See Michigan Laws 460.723
- Emergency: means a sudden or unforeseen occurrence, including a government-declared emergency, involving a clear and imminent danger to life, health, or property, or imminent danger to the environment, that requires immediate correction in order to restore or to prevent the interruption of essential governmental services, utility services, or the blockage of public transportation and that requires immediate excavation or blasting. See Michigan Laws 460.723
- Excavation: means moving, removing, or otherwise displacing earth, rock, or other material below existing surface grade with power tools or power equipment, including, but not limited to, grading, trenching, tiling, digging, drilling, boring, augering, tunneling, scraping, cable or pipe plowing, and pile driving; and wrecking, razing, rending, moving, or removing a structure or mass of materials. See Michigan Laws 460.723
- Facility operator: means a person that controls the operation of a facility. See Michigan Laws 460.723
- Facility owner: means a person that owns a facility. See Michigan Laws 460.723
- Farm: means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 460.723
- Notification system: means MISS DIG System, Inc. See Michigan Laws 460.723
- Person: means an individual, firm, joint venture, partnership, corporation, association, governmental agency, department or agency, utility cooperative, or joint stock association, including any trustee, receiver, assignee, or personal representative thereof. See Michigan Laws 460.723
- Positive response: means the procedure administered by the notification system to allow excavators to determine whether all facility owners or facility operators contacted under a ticket have responded in accordance with this act. See Michigan Laws 460.723
- Ticket: means a communication from the notification system to a facility owner or facility operator requesting the marking of underground facilities, based on information provided by an excavator in a dig notice. See Michigan Laws 460.723
(1) The notification system shall receive dig notice notification of proposed excavation and blasting activities and promptly transmit a ticket to facility owners or facility operators of facilities in the area of the proposed excavation or blasting. The notification system shall provide alternative means of access and notification to the system. Except for shutdowns caused by acts of nature, war, or terrorism, the notification system shall be available 24 hours per day, 7 days per week.
(2) The notification system shall publicize the availability and use of the notification system and educate the public, governmental agencies, excavators, farm operators, facility owners, and facility operators regarding the practices and procedures of the notification system, the requirements of this act, and practices to protect underground facilities from damage.
(3) The notification system shall administer a positive response system to allow excavators to determine whether all of the facility owners or facility operators in the area have responded to a ticket and whether a particular facility owner or facility operator does not have facilities in the area of a proposed excavation or blasting.
(4) The notification system shall maintain adequate records of its notification activity for a period of 6 years after the date of the notice, including voice recordings of calls. The notification system shall provide copies of those records to any interested person upon written request and payment of a reasonable charge for reproduction and handling as determined by the notification system.
(5) The notification system shall expedite the processing of any emergency notice it receives under this act.
(6) The notification system shall receive design tickets under the procedures described in section 6a and transmit them to facility owners or facility operators.