(a) If necessary to respond in an emergency situation, an excavator may begin an excavation without notifying the notification center prior to excavation as required by En 805.01, but shall notify the notification center at the earliest practicable moment.
(b) In notifying the notification center of excavation or intended excavation in an emergency situation, the excavator shall specifically identify the dangerous condition involved.
(c) An excavator who excavates in an emergency situation shall not be liable for a failure to notify the notification center as required by En 805.01 with respect to excavation in the emergency situation, provided the excavator provides the subsequent notice required in En 805.03(a).
(d) Nothing in this section shall relieve the excavator from liability if:
(1) The excavator damages an underground facility which has been properly marked; or
(2) The excavation does not qualify as an emergency situation.
(e) No excavator shall indicate to the notification center or to an operator or member of the notification center that owns or operates an underground facility that an event constitutes an emergency situation unless the excavator believes in good faith that the circumstances do constitute an emergency situation.
(f) The parties may request a determination by the department regarding whether a situation is, or was, an emergency situation, by setting forth in writing directed to the director of the department’s enforcement division the facts supporting the assertion that the excavation was necessary to respond to an emergency situation and specifically identifying the dangerous condition involved, and the department shall make such a determination using a non-adjudication process based on a review of the facts of the situation and the definition of emergency situation.
Source. #5616, eff 4-20-93, EXPIRED: 4-20-99
New. #7259, INTERIM, eff 5-2-00, EXPIRES: 8-30-00; ss by #7350, eff 8-23-00; ss by #7900, eff 5-29-03; ss by #93 18, eff 11-8-08; ss by #12102, eff 2-8-17