Effective - 01 Jan 2015, 3 histories
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, a person shall not make or begin any excavation in any public street, road or alley, right-of-way dedicated to the public use or utility easement of record or within any private street or private property without first giving notice to the notification center and obtaining information concerning the possible location of any underground facilities which may be affected by said excavation from underground facility owners whose names appear on the current list of participants in the notification center and who were communicated to the excavator as notification center participants who would be informed of the excavation notice. Notice to the notification center of proposed excavation shall be deemed notice to all owners and operators of underground facilities. The notice referred to in this section shall comply with the provisions of section 319.026.
2. An excavator's notice to owners and operators of underground facilities participating in the notification center pursuant to section 319.022 is ineffective for purposes of subsection 1 of this section unless given to such notification center.
3. Notification center participants shall be relieved of the responsibility to respond to a notice of intent to excavate received directly from the person intending to commence an excavation, except for requests for clarification of markings through on-site meetings as provided in subsection 1 of section 319.030 and requests for locations at the time of an emergency as provided by section 319.050.
4. Notwithstanding the provisions of this section to the contrary, a person shall not make or begin any excavation in any state highway, or on the right-of-way of any state highway, without first obtaining a permit from the state highways and transportation commission pursuant to section 227.240, provided however, the provisions of this subsection shall not apply to railroad right-of-way owned or operated by a railroad.
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(L. 1976 S.B. 583 § 4, A.L. 1991 S.B. 214 & 264, A.L. 2001 H.B. 425, A.L. 2008 H.B. 1779, A.L. 2011 S.B. 173, A.L. 2014 H.B. 1867)
Effective 1-01-15
Structure Missouri Revised Statutes
Title XXI - Public Safety and Morals
Chapter 319 - General Safety Requirements
Section 319.010 - Short title.
Section 319.015 - Definitions.
Section 319.024 - Public notice of excavations, duties of owner and operator.
Section 319.027 - Design requests, how made — marking location required.
Section 319.031 - Sewer system owner duties upon notification of intent to excavate.
Section 319.033 - Public right-of-way, installation within, requirements.
Section 319.037 - Excavation sites included in requirements — equipment prohibited at such sites.
Section 319.042 - No abrogation of contractual obligations with railroads.
Section 319.046 - Arbitration of disputes, when.
Section 319.050 - Exemptions from requirement to obtain information.
Section 319.075 - Citation of law.
Section 319.078 - Definitions.
Section 319.080 - Activities within ten feet of power lines prohibited, exceptions.
Section 319.083 - Special devices and precautions required — costs.
Section 319.085 - Presumption of negligence, when, rebuttable.
Section 319.088 - Exemptions from law.
Section 319.090 - Violations, penalty.
Section 319.100 - Definitions.
Section 319.109 - Releases and corrective actions to be reported, standards — rules authorized.
Section 319.111 - Closure of tanks, requirements — notice — department to establish.
Section 319.125 - Certificate denied or invalidated by department, procedure, grounds.
Section 319.127 - Violations, procedure — penalty, disposition.
Section 319.135 - No liability for release of petroleum at direction of coordinator, exception.
Section 319.203 - Ordinance to apply to certain buildings, structures and state leases.
Section 319.205 - Notice to cities and counties required to adopt ordinance, contents.
Section 319.300 - Citation of law — purpose statement.
Section 319.303 - Definitions.
Section 319.321 - Inapplicability of law, when.
Section 319.324 - State blasting safety board created, members, terms, officers, meetings, duties.
Section 319.327 - Duties of the division — enforcement.
Section 319.330 - Missouri explosives safety act administration fund created, use of moneys.
Section 319.333 - Notice of violation, procedure.
Section 319.336 - Grievance procedure.
Section 319.339 - Notification of division prior to use of explosives required — exception.
Section 319.343 - Inapplicability of prohibition on local preemption, when.