99.07: Excavation

 

(1) The excavation may not commence within 72 hours after notification to the Dig Safe Center.

(2) A Dig Safe ticket shall be valid for 30 calendar days from the date of notification to the Dig Safe Center, as long as the markings remain clear and discernible.

(3)  When excavating in close proximity to the underground facilities of any company, nonmechanical means shall be employed, as necessary, to avoid damage in locating such facility, and any further excavation shall be performed employing reasonable precautions to avoid damage to any underground facilities including, but not limited to, any substantial weakening of structural or lateral support of such facilities, penetration or destruction of any pipe, main, wire or conduit or the protective coating thereof, or damage to any pipe, main, wire or conduit. In such cases, mechanical means may only be used for the initial penetration of pavement, rock or other such materials, so long as nonmechanical means are employed after the paving, rock or other such material has been penetrated.

(4)  The excavator is responsible for maintaining the markings or placing offset marks, using the standard color codes noted in 220 CMR 99.02, or contacting the Dig Safe Center to request remarking.

(5)  If an excavator requests remarking, it shall suspend the excavation in the area for which it requested the remarking for 24 hours.

(6)  If an excavator observes clear evidence of the presence of an unmarked underground facility in the area of the proposed excavation or during the excavation, the excavator shall suspend excavating until notifying the Dig Safe Center and shall protect the facility.

(7)  An excavator shall not remove an abandoned underground facility without first receiving authorization and direction from the company owning the facility.

(8)  When an excavator causes any damage to an underground facility, the excavator shall:

(a)  Call 911 immediately if the damage results in the escape of any regulated natural or other gas;

(b)  Evacuate nearby structures if necessary;

(c)  Report the damage to the facility owner or operator at the earliest practical moment following discovery of the damage;

(d)  Attempt no repairs, unless directed to by the facility owner or operator; and

(e)  Report the damage to the Department within 30 days using a form deemed necessary and appropriate by the Department.

(9)  Any person who causes damage to any underground facility or becomes aware of such damage must notify the company owning the facility at the earliest practical moment following such contact.

(10)  Every company or excavator having knowledge or reason to know of any damage to an underground facility or violation of M.G.L. c. 82, ยงยง 40 through 40D or 220 CMR 99.00 shall report such damage or violation to the Department within 30 days of learning of the circumstances. Any other person may report damage or a suspected violation to the Department. All such reports shall be in a form deemed necessary and appropriate by the Department.

 

Amended by Mass Register Issue 1402, eff. 10/18/2019.