Missouri Revised Statutes
Chapter 319 - General Safety Requirements
Section 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.

Effective - 01 Jan 2015
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 making any excavation from doing so in a careful and prudent manner.
2. Nothing in sections 319.010 to 319.050 shall relieve an excavator from the obligation to excavate in a safe and prudent manner, nor shall it absolve an excavator from liability for damage to underground facilities.
3. The failure of any excavator to give notice of proposed excavation activities as required by this chapter shall be a rebuttable presumption of negligence on his or her part in the event that such failure shall cause injury, loss, or damage. In addition to any penalties provided herein, liability under common law may apply.
4. The failure of an underground facility owner to mark his or her facilities that are located in an area of excavation described in a notice of intent to excavate received by the underground facility owner, as required by section 319.030, or the failure of an underground facility owner to be a notification center participant, consistent with the provisions of section 319.022, shall be a rebuttable presumption of negligence on the part of such owner in the event that such failure shall cause injury, loss, or damage. In addition to any penalties provided herein, liability under common law may apply.
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(L. 1976 S.B. 583 § 6, A.L. 1991 S.B. 214 & 264, A.L. 2014 H.B. 1867)
Effective 1-01-15

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXI - Public Safety and Morals

Chapter 319 - General Safety Requirements

Section 319.010 - Short title.

Section 319.015 - Definitions.

Section 319.022 - Notification centers, participation requirements and eligibility — names of owners and operators made available, when.

Section 319.024 - Public notice of excavations, duties of owner and operator.

Section 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.

Section 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 requirement...

Section 319.027 - Design requests, how made — marking location required.

Section 319.030 - Notification of location of underground facility, when, how — failure to provide notice of location, effect.

Section 319.031 - Sewer system owner duties upon notification of intent to excavate.

Section 319.033 - Public right-of-way, installation within, requirements.

Section 319.035 - 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.

Section 319.037 - Excavation sites included in requirements — equipment prohibited at such sites.

Section 319.042 - No abrogation of contractual obligations with railroads.

Section 319.045 - Civil penalties — attorney general may bring action and shall make public number of enforcement actions.

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 319.103 - 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 purch...

Section 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.

Section 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.

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 319.114 - Evidence of financial responsibility required to cover certain damages — rules to be established by department.

Section 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.

Section 319.120 - Certificate of registration required — issued when — term of certificate — application, forms — owner may operate prior to certification until issue or denial.

Section 319.123 - Fee for certification, amount, deposit — underground storage tank regulation program fund established, purpose.

Section 319.125 - Certificate denied or invalidated by department, procedure, grounds.

Section 319.127 - Violations, procedure — penalty, disposition.

Section 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 ex...

Section 319.130 - Public hearings required, when — training program requirements — record keeping — rulemaking authority.

Section 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 — defens...

Section 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.

Section 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.

Section 319.135 - No liability for release of petroleum at direction of coordinator, exception.

Section 319.136 - Tank ineligible for delivery, deposit, or acceptance, when — violation, procedure — red tag to be affixed, when.

Section 319.137 - Rules, authority to adopt federal rules or to provide more stringent rules, when — procedure to promulgate.

Section 319.138 - Fund shall provide moneys for cleanup of petroleum storage tank contamination, when.

Section 319.139 - Administrative penalties, assessment, procedure — rules — payment, appeal — collection.

Section 319.140 - Task force on the petroleum storage tank insurance fund established, members, duties, meetings — expiration date.

Section 319.200 - Notice to cities and counties subject to earthquake to adopt seismic construction and renovation ordinances, when — standards.

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 319.207 - Noncompliance to affect eligibility for state aid, loans, grants — attorney general to bring action to recover.

Section 319.300 - Citation of law — purpose statement.

Section 319.303 - Definitions.

Section 319.306 - Blaster's license required, when — application, contents — fee — qualifications — expiration — documentation required — training required — rulemaking authority.

Section 319.309 - Explosives, use of, calculation of scaled distance to nearest uncontrolled structure required.

Section 319.312 - Ground vibration limits to be followed, when — alternative compliance method — limit on acoustic values from blasting.

Section 319.315 - Retention of seismographic recordings, how long — records to include certain information.

Section 319.318 - Compliance with state and federal law — registration with division of fire safety required — annual report required, fees — audit of records — violations, penalty.

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 319.342 - Municipalities to be notified of use of explosives, when, procedure — certain owners and businesses to be notified — ordinances authorized.

Section 319.343 - Inapplicability of prohibition on local preemption, when.

Section 319.345 - Rulemaking authority.

Section 319.500 - Pipelines transporting hazardous liquids to submit periodic reports to department of natural resources — content.

Section 319.503 - Emergencies created by hazardous liquids being transported — powers of director — civil actions, penalties, deposit — no liability for owners, when.