An Act To Clarify Notification Procedures during an Emergency Excavation
Maine Legislature, Session 125, LD 0916
Committee: Energy, Utilities and Technology
Sponsors: FITTS
Amends: 23 MRSA §3360-A

Legislative Document 
No. 916 
H.P. 676 
House of Representatives, March 8, 2011 
An Act To Clarify Notification Procedures during an Emergency 
Excavation 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative FITTS of Pittsfield. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  23 MRSA §3360-A, sub-§5, as repealed and replaced by PL 1999, c. 718, 
§6, is amended to read: 
5.  Emergency excavations.  In Notwithstanding any other provision of this section, 
in an emergency, an excavator may commence an excavation after having taken all 
reasonable steps, consistent with the emergency, to notify the system and to mark the 
excavation site consistent with subsection 3, paragraph C required by this subsection and 
upon approval under paragraph C by the underground facility operator responsible for the 
excavation.  Each underground facility operator shall locate its underground facilities as 
soon as practicable after receiving notification of an emergency excavation whether or 
not the excavation has begun.  After receiving notification of an emergency excavation, 
an underground facility operator must: 
A.  Immediately notify the system; 
B.  As soon as practicable, locate the underground facility operator's underground 
facilities and mark the excavation site consistent with subsection 3, paragraph C; and 
C.  Excavate the marked area under paragraph B, or give an excavator approval to 
excavate the marked area under paragraph B, after determination that there are safe 
working conditions in which to operate and upon the earlier of the following: 
(1)  The system clears the marked area for excavation; and 
(2) Four or more hours pass after notification to the system under paragraph A. 
Notwithstanding paragraph C, if the circumstances of the emergency present an 
immediate danger to life, safety or property, the underground facility operator or 
excavator may immediately commence excavation after the provisions of paragraphs A 
and B have been met. 
An excavation under this subsection must be commenced within 12 hours of notification 
to the system under paragraph A unless the circumstances of the emergency require a 
greater amount of time due to unsafe working conditions as determined by the 
underground facility operator under paragraph C. 
SUMMARY 
This bill establishes steps that an underground facility operator must take in order to 
conduct an emergency excavation, including: 
1.  Immediately notifying the underground facility damage prevention system, 
otherwise known as "Dig Safe"; 
2.  As soon as practicable, locating its underground facilities and marking the 
excavation area; and 
3.  Excavating the marked area after determining there are safe working conditions 
and upon the earlier of when the damage prevention system clears the area for excavation 
and when 4 or more hours have passed after notification to the system. 
This bill also requires an underground facility operator to commence an emergency 
excavation within 12 hours after notification to the damage prevention system unless the 
circumstances of the emergency require a greater amount of time as determined by the 
underground facility operator.