Md. Code, Public Utilities § 12-126
This is the official text of Md. Code, Public Utilities § 12-126, part of Maryland’s Code, Public Utilities — regulates utility companies.
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§12–126.
Official statutory text
(a) An owner–member or its contract locator shall mark its underground facility if a proposed excavation or demolition that is specified in the extent of work contained in the ticket:
(1) is within 5 feet of the horizontal plane of the underground facility; or
(2) because of planned blasting, is so near to the underground facility that the underground facility may be damaged or disturbed.
(b) (1) An owner–member or its contract locator shall mark the location of its underground facility as specified under subsection (a) of this section by marking on the ground within 18 inches on a horizontal plane on either side of the underground facility.
(2) (i) When marking the location of an underground facility, an owner–member or its contract locator shall use the color codes established by the American Public Works Association for marking underground facilities in effect at the time of marking.
(ii) If two or more owner–members share the same color code, each owner–member or its contract locator shall include information with the marking that indicates the owner–member of the marked underground facility.
(c) Except as provided in subsection (d) of this section, within 2 business days after the day on which a ticket is transferred to an owner–member or before the selected start work date, the owner–member or its contract locator shall:
(1) mark the location of the owner–member’s underground facility and report to the underground facilities information exchange system that the underground facility has been marked; or
(2) report to the underground facilities information exchange system that the owner–member has no underground facilities in the vicinity of the planned excavation or demolition.
(d) (1) If an owner–member or its contract locator is unable to mark the location of the owner–member’s underground facility within the time period prescribed in subsection (c) of this section because of the scope of the proposed excavation or demolition, the owner–member shall:
(i) promptly notify the underground facilities information exchange system and the person that intends to perform the excavation or demolition; and
(ii) work with the person that intends to perform the excavation or demolition to develop a documented agreement for marking the underground facility.
(2) If the owner–member or its contract locator and person that intends to perform the excavation or demolition cannot reach a mutually documented agreement for marking under paragraph (1) of this subsection, the owner–member or its contract locator shall mark that portion of the site where excavation or demolition will first occur, and the owner–member or its contract locator shall mark the remainder of the site within a reasonable time.
(3) If, due to circumstances beyond the control of an owner–member or its contract locator and for reasons other than those specified in paragraph (1) of this subsection, an owner–member or its contract locator is unable to mark the location of the owner–member’s underground facility within the time period prescribed in subsection (c) of this section, the owner–member or its contract locator shall report to the underground facilities information exchange system that an extension is required.
(4) In connection with extensive or contiguous excavation or demolition projects, the person performing the excavation or demolition and the owner–member or its contract locator may establish a working agreement regarding the time periods for marking the underground facility.
(1) is within 5 feet of the horizontal plane of the underground facility; or
(2) because of planned blasting, is so near to the underground facility that the underground facility may be damaged or disturbed.
(b) (1) An owner–member or its contract locator shall mark the location of its underground facility as specified under subsection (a) of this section by marking on the ground within 18 inches on a horizontal plane on either side of the underground facility.
(2) (i) When marking the location of an underground facility, an owner–member or its contract locator shall use the color codes established by the American Public Works Association for marking underground facilities in effect at the time of marking.
(ii) If two or more owner–members share the same color code, each owner–member or its contract locator shall include information with the marking that indicates the owner–member of the marked underground facility.
(c) Except as provided in subsection (d) of this section, within 2 business days after the day on which a ticket is transferred to an owner–member or before the selected start work date, the owner–member or its contract locator shall:
(1) mark the location of the owner–member’s underground facility and report to the underground facilities information exchange system that the underground facility has been marked; or
(2) report to the underground facilities information exchange system that the owner–member has no underground facilities in the vicinity of the planned excavation or demolition.
(d) (1) If an owner–member or its contract locator is unable to mark the location of the owner–member’s underground facility within the time period prescribed in subsection (c) of this section because of the scope of the proposed excavation or demolition, the owner–member shall:
(i) promptly notify the underground facilities information exchange system and the person that intends to perform the excavation or demolition; and
(ii) work with the person that intends to perform the excavation or demolition to develop a documented agreement for marking the underground facility.
(2) If the owner–member or its contract locator and person that intends to perform the excavation or demolition cannot reach a mutually documented agreement for marking under paragraph (1) of this subsection, the owner–member or its contract locator shall mark that portion of the site where excavation or demolition will first occur, and the owner–member or its contract locator shall mark the remainder of the site within a reasonable time.
(3) If, due to circumstances beyond the control of an owner–member or its contract locator and for reasons other than those specified in paragraph (1) of this subsection, an owner–member or its contract locator is unable to mark the location of the owner–member’s underground facility within the time period prescribed in subsection (c) of this section, the owner–member or its contract locator shall report to the underground facilities information exchange system that an extension is required.
(4) In connection with extensive or contiguous excavation or demolition projects, the person performing the excavation or demolition and the owner–member or its contract locator may establish a working agreement regarding the time periods for marking the underground facility.
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