Michigan Laws 460.727 – Marking facility location; positive response; additional assistance of facility owner or operator upon request by excavator; damage to facility; emergency response; construction of new facility
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 460.727
- Additional assistance: means a response by a facility owner or facility operator to a request made by an excavator during business hours, for help in locating a facility. See Michigan Laws 460.723
- 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
- Business day: means Monday through Friday, excluding holidays observed by the notification system and posted on the notification system website. See Michigan Laws 460.723
- Business hours: means from 7 a. 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
- Emergency notice: means a communication to the notification system to alert the facility owners or facility operators of the urgent need for marking the location of a facility due to an emergency. 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
- Excavator: means any person performing excavation or blasting. 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
- marking: means the temporary identification on the surface grade of the location of a facility in response to a ticket as described in section 7. See Michigan Laws 460.723
- Notification system: means MISS DIG System, Inc. 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
- Soft excavation: means a method and technique designed to prevent contact damage to underground facilities, including, but not limited to, hand-digging, cautious digging with nonmechanical tools, vacuum excavation methods, or use of pneumatic hand tools. See Michigan Laws 460.723
- Start date: means the date that a proposed excavation or blasting is expected to begin as indicated on a ticket. See Michigan Laws 460.723
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- 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) A facility owner or facility operator shall respond to a ticket by the start date and time for the excavation or blasting under section 5(1) by marking its facilities in the area of the proposed excavation or blasting in a manner that permits the excavator to employ soft excavation to establish the precise location of the facilities.
(2) A facility owner or facility operator shall mark the location of each facility with paint, stakes, flags, or other customary methods using the uniform color code of the American national standards institute as follows:
(a) White – used by excavators to mark a proposed excavation or blasting area.
(b) Pink – temporary survey markings.
(c) Red – electric power lines, cables, conduit, and lighting cables.
(d) Yellow – gas, oil, steam, petroleum, or gaseous materials.
(e) Orange – communication, cable television, alarm or signal lines, cables, or conduit.
(f) Blue – potable water.
(g) Purple – reclaimed water, irrigation, and slurry lines.
(h) Green – sewers and drain lines.
(3) A facility owner or facility operator shall provide notification to the notification system using positive response.
(4) Upon receiving a notification during business hours from an excavator through the notification system of previous marks being covered or destroyed, a facility owner or facility operator shall mark the location of a facility within 24 hours, excluding all hours on nonbusiness days.
(5) If a facility owner or facility operator receives a request under section 5(8) or (9), that facility owner or facility operator shall provide additional assistance to an excavator within 3 hours of a request made by the excavator during business hours. An excavator and a facility owner or facility operator may agree to an extension of the time for additional assistance. If a request for additional assistance is made at a time when the additional assistance cannot be provided during normal business hours or assistance is required at a remote rural location, the response time shall be no later than 3 hours after the start of the next business day or a time based on mutual agreement.
(6) If a facility owner or facility operator receives notice that a facility has been damaged, that facility owner or facility operator shall promptly dispatch personnel to the area.
(7) A facility owner or facility operator shall respond within 3 hours to an emergency notice, or before the start day and time provided in an emergency notice if that start day and time is more than 3 hours from the time of notice.
(8) New facilities built after the effective date of this act shall be constructed in a manner that allows their detection when in use.
(9) This section does not apply to the state transportation department or to the marking of a county or intercounty drain by a county drain commissioner’s office or drainage board.