319.037. Excavation sites included in requirements--equipment prohibited at such sites. - Missouri Statutes

Excavation sites included in requirements--equipment prohibited atsuch sites.

319.037. 1. Notwithstanding any other provision of law to thecontrary, the procedures and requirements set forth in this section shallapply on the site of any excavation involving trenchless excavation,including directional drilling, where the approximate location ofunderground facilities has been marked in compliance with section 319.030and where any part of the walls of the intended bore are within the markedapproximate location of the underground facility.

2. The excavator shall not use power-driven equipment for trenchlessexcavation, including directional drilling, within the marked approximatelocation of such underground facilities until the excavator has madecareful and prudent efforts to confirm the horizontal and vertical locationthereof in the vicinity of the proposed excavation through methodsappropriate to the geologic and weather conditions, and the nature of thefacility, such as the use of electronic locating devices, hand digging, potholing when practical, soft digging, vacuum methods, use of pressurized airor water, pneumatic hand tools or other noninvasive methods as such methodsare developed. Such methods of confirming location shall not violateestablished safety practices. Nothing in this subsection shall authorizeany person other than the owner or operator of a facility to attach anelectronic locating device to any underground facility. For excavationsparalleling the underground facility, such efforts to confirm the locationof the facility shall be made at careful and prudent intervals. Theexcavator shall also make careful and prudent efforts by such means as areappropriate to the geologic and weather conditions and the nature of thefacility, to confirm the horizontal and vertical location of the boringdevice during boring operations. Notwithstanding the foregoing, theexcavator shall not be required to confirm the horizontal or verticallocation of the underground facilities if the excavator, using the methodsdescribed in this section, excavates a hole over the underground facilitiesto a depth two feet or more below the planned boring path and thencarefully and prudently monitors the horizontal and vertical location ofthe boring device in a manner calculated to enable the device to bevisually observed by the excavator as it crosses the entire width of themarked approximate location of the underground facilities.

(L. 2001 H.B. 425, A.L. 2008 H.B. 1779)

Effective 1-01-09