SEC. 77-13-17. [Responsibilities of operators.]
SECTION 9. Section 77-13-17, Mississippi Code of 1972, is reenacted as follows:
77-13-17. (1) Any operator who fails to follow, abide by or comply with this chapter shall be responsible for the cost or expense the excavator shall incur as a direct result of the failure of the operator to follow, abide by, or comply with the provisions of this chapter.
(2) Operators who have underground utility lines or underground facilities within this state shall either (a) participate in Mississippi One-Call System, Inc., or (b) provide an in-house program which meets the operational requirements of receiving those excavation notifications mandated by this act.
(3) Nonmember operators of underground pipeline facilities must notify the public and known excavators of the availability and use of its in-house notification program.
(4) The person giving notice of the intent to excavate to Mississippi One-Call System, Inc., or to a nonmember operator shall be furnished an individual reference file number for each notification and, upon request, shall be furnished the names of the operators to whom the notification will be transmitted.
(5) An adequate record of all notifications shall be maintained by Mississippi One-Call System, Inc., and nonmember operators in order to document timely compliance with this act. These records shall be retained for a period of not less than four (4) years and shall be made available at a reasonable cost upon proper and adequate advance request.
(6) The services of Mississippi One-Call System, Inc., acting on behalf of member operators will be provided on working days as defined in Section 77-13-3(h) at least between the hours of 7:30 a.m. and 5:00 p.m. A nonmember operator will supply the same services during its normal business hours.
(7) Mississippi One-Call System, Inc., and nonmember operators will voice-record the notification telephone calls and after-hours calls will at least reach a voice recording which explains emergency notification procedures.
(8) All member operators shall provide Mississippi One-Call System, Inc., the following information:
(a) A list of counties, cities and towns in which the operator has underground utility lines or underground facilities in each county.
(b) The townships, ranges, sections and quarter sections in each county in which the operator has underground utility lines or underground facilities or for other reasons wish to receive notification of proposed excavation.
(c) An update on an annual basis of each operator's underground utility lines or underground facilities for the State of Mississippi.
SOURCES: 1997 Laws, Chapter 483, Sec. 7, HB1430, Effective July 1, 1997. The 1999 amendment reenacted this section without textual change and therefore the text was not reprinted to reflect this reenactment.