Mich. Comp. Laws § 460.721
Short title.
This act shall be known and may be cited as the "MISS DIG underground facility damage prevention and safety act".
Michigan Compiled Laws — MISS DIG UNDERGROUND FACILITY DAMAGE PREVENTION AND SAFETY ACT (Act 174 of 2013)
Michigan · statute · 174 of 2013, Mich. Comp. Laws · 13 active provisions
Mich. Comp. Laws § 460.723
Definitions.
As used in this act: (a) "Additional assistance" means a response by a facility owner or facility operator to a request made by an excavator during business hours, for help in locating a facility. (b) "Approximate location" means a strip of land at least 36 inches wide, but not wider than the width of the marked facili…
Mich. Comp. Laws § 460.724
MISS DIG Systems, Inc.; operation and membership; notification system; duties and responsibilities; funding; fees; farm operation; tax exemption.
(1) Facility owners and facility operators shall continue to operate and be members of MISS DIG Systems, Inc., a Michigan nonprofit corporation, that shall have the duties and undertake the responsibilities of the notification system under this act on and after the effective date of this act. The notification system re…
Mich. Comp. Laws § 460.725
Duty of excavator to provide dig notice to notification system; contents of notice; validity of ticket; compliance with procedures and requirements; exposure of facility; notice requirements; excavation using power equipment.
(1) An excavator shall provide a dig notice to the notification system at least 72 hours, but not more than 14 calendar days, before the start of any blasting or excavation. If the dig notice is given during business hours, the 72-hour period shall be measured from the time the dig notice is made to the notification sy…
Mich. Comp. Laws § 460.726
Notification system; transmission of ticket to facility owners or operators; availability; positive response system; maintenance of records; emergency notice; design tickets.
(1) The notification system shall receive dig notice notification of proposed excavation and blasting activities and promptly transmit a ticket to facility owners or facility operators of facilities in the area of the proposed excavation or blasting. The notification system shall provide alternative means of access and…
Mich. Comp. Laws § 460.726a
Project design or planning services; fees; procedures; design ticket response; marking facility location.
(1) The notification system shall establish reasonable procedures, including marking response times, for design ticket notification to facility owners or facility operators of requests for project design or planning services to determine the type, size, and general location of facilities during the planning and design…
Mich. Comp. Laws § 460.727
Marking facility location; positive response; additional assistance of facility owner or operator upon request by excavator; damage to facility; emergency response; construction of new facility.
(1) A facility owner or facility operator shall respond to a ticket by the start date and time for the excavation or blasting under section 5(1) by marking its facilities in the area of the proposed excavation or blasting in a manner that permits the excavator to employ soft excavation to establish the precise location…
Mich. Comp. Laws § 460.728
Damages or equitable relief.
This act does not limit the right of an excavator, facility owner, or facility operator to seek legal relief and recovery of actual damages incurred and equitable relief in a civil action arising out of a violation of the requirements of this act, or to enforce the provisions of this act, nor shall this act determine t…
Mich. Comp. Laws § 460.729
Liability of officers, agents, or employees of notification system; liability of excavator or farmer engaged in farming operations or owner of farm.
(1) The notification system and its officers, agents, or employees are not liable for any damages, including damages for injuries or death to persons or damage to property, caused by its acts or omissions in carrying out the provisions of this act. The notification system is not responsible for assuring performance by…
Mich. Comp. Laws § 460.730
Ordinances, charters, or other laws requiring permits.
This act does not authorize, affect, or impair local ordinances, charters, or other provisions of law requiring permits to be obtained before excavating or tunneling in a public street or highway or to construct or demolish buildings or other structures on private property. A permit issued by a governmental agency does…
Mich. Comp. Laws § 460.731
Prohibited conduct; violations as misdemeanor; penalty; civil fine; use of commission determination in court action or proceeding; instruction forms; rules; incident reports; maintenance and availability of information.
(1) A person who engages in any of the following conduct is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $5,000.00, or both: (a) Knowingly damages an underground facility and fails to promptly notify the facility owner or facility operator. (b) Knowingly damages…
Mich. Comp. Laws § 460.732
Governmental liability.
(1) Except as provided in this section, this act does not affect the liability of a governmental agency for damages for tort or the application of 1964 PA 170, MCL 691.1401 to 691.1419. (2) A facility owner or a facility operator may file a complaint with the commission seeking a civil fine and, if applicable, damages…
Mich. Comp. Laws § 460.733
Compliance by individual engaged in farming operation.
An individual engaged in a farming operation on a farm shall comply with this act beginning May 1, 2014.