This text of North Dakota § 49-23-06 (Damage to facilities - Penalty) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. a. If any damage occurs to an underground facility or its protective covering, the
excavator shall notify the operator as soon as reasonably possible. When the
operator receives a damage notice, the operator shall dispatch, as soon as
reasonably possible, personnel to the damage area to investigate. If the damage
results in the escape of flammable, toxic, or corrosive gas or liquid, the excavator
shall:
(1)Call 911 immediately; and
(2)Notify the pipeline operator immediately.
b. If the damage endangers life, health, or property, the excavator responsible for
the work shall take immediate action to protect the public and property and to
minimize the hazard until arrival of the operator's personnel or until emergency
responders have arrived and taken charge of the damaged area.
c. An ex
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1. a. If any damage occurs to an underground facility or its protective covering, the
excavator shall notify the operator as soon as reasonably possible. When the
operator receives a damage notice, the operator shall dispatch, as soon as
reasonably possible, personnel to the damage area to investigate. If the damage
results in the escape of flammable, toxic, or corrosive gas or liquid, the excavator
shall:
(1) Call 911 immediately; and
(2) Notify the pipeline operator immediately.
b. If the damage endangers life, health, or property, the excavator responsible for
the work shall take immediate action to protect the public and property and to
minimize the hazard until arrival of the operator's personnel or until emergency
responders have arrived and taken charge of the damaged area.
c. An excavator shall delay backfilling in the immediate area of the damaged
underground facilities until the damage has been investigated by the operator,
unless the operator authorizes otherwise. The repair of damage must be
performed by the operator or by qualified personnel authorized by the operator.
d. An excavator is guilty of a class A misdemeanor if the excavator damages an
underground facility or its protective covering and knew or reasonably should
have known the damage occurred and:
(1) The excavator does not notify the operator as soon as reasonably possible;
or
(2) The excavator backfills in violation of subdivision c.
2. a. If an excavator fails to comply with this chapter or damages an underground
facility, the excavator is liable for all damages caused by the failure to comply with
this chapter and for all damages to the facilities and must reimburse the operator
for the cost of location, repair and restoration, loss of product, and interruption of
service occurring because of the damage or injury to the facilities, together with
reasonable costs and expenses of suit, including reasonable attorney's fees.
b. Reimbursement to the operator under this subsection is not required if the
damage to the underground facility was caused by the sole negligence of the
operator or the operator failed to comply with sections 49-23-03 and 49-23-04.