Maryland § 12-121

§ 12-121.

    (a)    (1)    This section applies to any action taken to address an emergency from the time the emergency arises until a standard ticket is initiated and valid under § 12–124 of this subtitle, including any work associated with stopping or mitigating the emergency.

        (2)    Subject to § 12–120(b) of this subtitle, if all reasonable precautions have been taken to protect underground facilities, § 12–120(a) of this subtitle and §§ 12–122 through 12–135 of this subtitle do not apply to an emergency excavation or demolition being performed to prevent danger to life, health, or property.

    (b)    A primary contractor or a person performing an emergency excavation or demolition to prevent or mitigate loss of or injury to life, health, property, or an essential public service shall:

        (1)    identify the location and extent of work, as stated in § 12–124(b)(1) of this subtitle, in a clear and concise manner;

        (2)    take all reasonable precautions to protect underground facilities in and near the excavation or demolition area; and

        (3)    immediately notify the one–call system serving the geographic area where the emergency excavation or demolition is performed to inform the appropriate owner–members of the excavation or demolition area.

    (c)    (1)    The owner–member or its contract locator shall:

            (i)    respond to an emergency notice as soon as possible but not later than 2 hours from the transmission of the ticket from the one–call system; and

            (ii)    except for circumstances beyond an owner–member’s or contract locator’s control and for municipal corporations, considering the hours of operation and availability of employees:

                1.    begin the locating process to mark their respective underground facility or facilities within 3 hours after the transmission of the ticket; or

                2.    if the facility owner has no underground facilities within the delineated excavation area, clear the ticket within 3 hours after the transmission of the ticket.

        (2)    The person responsible for the excavation shall be on site or in communication with the owner–member, their contract locator, or their representative within 3 hours after the transmission of the ticket by the one–call system, or a mutually agreed response time.

        (3)    The owner–member or its contract locator shall respond to the underground facilities information exchange system as soon as:

            (i)    the extent of work is marked; or

            (ii)    it is determined that no underground facilities are in the delineated area.

    (d)    A person that abuses the emergency excavation and demolition procedure set forth in this section is subject to penalties under § 12–135 of this subtitle.