Section 40A. No excavator installing a new facility or an addition to an existing facility or the relay or repair of an existing facility shall, except in an emergency, make an excavation, in any public or private way, any company right-of-way or easement or any public or privately owned land or way, unless at least 72 hours, exclusive of Saturdays, Sundays and legal holidays but not more than 30 days before the proposed excavation is to be made, such excavator has premarked not more than 500 feet of the proposed excavation and given an initial notice to the system. Such initial notice shall set forth a description of the excavation location in the manner as herein defined. In addition, such initial notice shall indicate whether any such excavation will involve blasting and, if so, the date and the location at which such blasting is to occur.
The notice requirements shall be waived in an emergency as defined herein; provided, however, that before such excavation begins or during a life-threatening emergency, notification shall be given to the system and the initial point of boring or excavation shall be premarked. The excavator shall ensure that the underground facilities of the utilities in the area of such excavation shall not be damaged or jeopardized.
In no event shall any excavation by blasting take place unless notice thereof, either in the initial notice or a subsequent notice accurately specifying the date and location of such blasting shall have been given and received at least 72 hours in advance, except in the case of an unanticipated obstruction requiring blasting when such notice shall be not less than four hours prior to such blasting. If any such notice cannot be given as aforesaid because of an emergency requiring blasting, it shall be given as soon as may be practicable but before any explosives are discharged.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XIV - Public Ways and Works
Section 1 - Jurisdiction; Notice; Hearings
Section 2 - Petition; Recognizance
Section 3 - Notice of Proposed Taking and View or Hearing; Publication
Section 4 - View of Premises; Adjudication
Section 5 - Procedure on Objections to Proposal
Section 6 - Changes Between Termini; Establishment of Building Lines
Section 7 - Taking Land or Easement by Eminent Domain; Damages
Section 8 - Construction Requirements; Payment of Expenses
Section 9 - Culverts and Cattle Passes
Section 10 - Specific Repair of Ways
Section 12 - Payment of Damages and Costs of Construction
Section 13 - Payment of Expenses of Rejected Petitions
Section 14 - Failure by Municipalities to Construct Highways Laid Out by Commissioners
Section 15 - Remedy Against Delinquent Municipalities
Section 16 - Payment of County's Share of Expense
Section 18 - Notice to County Commissioners of Final Action on Petitions
Section 19 - Appeal to County Commissioners
Section 20 - Applicability to Railroad Crossings
Section 21 - Authority to Lay Out Ways
Section 22 - Notice of Intention
Section 23 - Filing and Acceptance of Plan
Section 24 - Taking by Eminent Domain; Damages
Section 28 - Completion of Way by County Commissioners
Section 29 - Private Ways; Laying Out, Relocation or Alteration by Commissioners
Section 30 - Discontinuance by Commissioners
Section 31 - Costs for Hearing Petitions; Recognizance
Section 32 - Report of Laid Out, Relocated or Altered Roads; Recordation
Section 32a - Abandonment of Municipal Ways
Section 32b - Taking Slope Easement to Protect Ways
Section 32c - Easements for Erection of Snow Fences
Section 34 - Reserved Spaces Along Ways; Rights of Pedestrians Injured by Streetcars
Section 35a - Laws Relative to Public Ways; Definition
Section 36 - Penalty for Misuse of Bicycle Paths
Section 38 - Acquisition of Land for Road Materials
Section 39 - Commencement of Proceedings
Section 40 - Definitions Applicable to Secs. 40a to 40e
Section 40a - Excavations; Notice
Section 40b - Designation of Location of Underground Facilities
Section 40d - Local Laws Requiring Excavation Permits; Public Ways