(1) In an emergency an excavator may commence excavating after having taken all reasonable steps and precautions consistent with the urgency of the situation, and premarked the site. The excavator shall notify the Dig Safe Center at the earliest practicable moment, including a description of the excavation location and the work to be done.
(2) No excavator shall indicate to the Dig Safe Center or to a company that an event constitutes an emergency, unless the excavator believes in good faith that the circumstances constitute an emergency as defined in 220 CMR 99.02.
(3) The Dig Safe Center shall not issue an emergency dig safe permit, unless it believes in good faith that the circumstances constitute an emergency as defined in 220 CMR 99.02.
(4) Each company shall establish standard operating procedures to mark the location of its respective underground facilities as soon as practicable, but no more than three hours after receiving notification of an emergency excavation, whether or not the excavation has begun.
(5) Circumstances requiring emergency excavation shall not excuse the excavator from the requirement to use all reasonable means and precautions to avoid damage to an underground facility and to otherwise comply with all requirements of M.G.L. c. 82, ยงยง 40 through 40D, and 220 CMR 99.00.
(6) Once the emergency has been brought to conclusion, and if further excavation is to be done beyond the premarked area, the excavator shall so notify the Dig Safe Center in accordance with 220 CMR 99.04.
(7) In the case of an emergency requiring blasting, an excavator shall give notice to the Dig Safe Center and to the local gas company as soon as practicable, but before any explosives are discharged.
Amended by Mass Register Issue 1402, eff. 10/18/2019.