1. (a)

   1. (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. (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.

2. (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. (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. (2) take all reasonable precautions to protect underground facilities in and near the excavation or demolition area; and
   3. (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.

3. (c)

   1. (1) The owner-member or its contract locator shall:

      1. (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

      2. (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. 1. begin the locating process to mark their respective underground facility or facilities within 3 hours after the transmission of the ticket; or
         2. 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. (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. (3) The owner-member or its contract locator shall respond to the underground facilities information exchange system as soon as:

      1. (i) the extent of work is marked; or
      2. (ii) it is determined that no underground facilities are in the delineated area.
4. (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.

Added as Public Utility Companies § 12-105 by Acts 1998, c. 8, § 2, eff. Oct. 1, 1998. Renumbered as Public Utilities § 12-121 by Acts 2010, c. 635, § 2, eff. Oct. 1, 2010. Amended by Acts 2010, c. 635, § 3, eff. Oct. 1, 2010; Acts 2021, c. 18, § 1, eff. March 13, 2021; Acts 2022, c. 135, § 1, eff. April 12, 2022.

Formerly Art. 78, § 28A.