§ 76-2329 — Emergency conditions; bar test survey; notification requirements; liability

(1) Sections 76-2321 and 76-2323 shall not apply to an excavation made under an emergency
condition if all reasonable precautions are taken to protect the underground
facilities. If an emergency condition exists, the excavator shall give notification
in substantial compliance with section 76-2321 as soon as practical. Upon
being notified that an emergency condition exists, each operator shall provide
all reasonably available location information to the excavator as soon as
possible. If the emergency condition has arisen through no fault of the excavator,
sections 76-2324 and 76-2325 shall not apply and the excavator shall be liable
for damage to any underground facility located in the area if the damage occurs
because of the negligent acts or omissions of the excavator.
(2) Sections 76-2321
and 76-2323 shall not apply to a bar test survey deemed necessary to address
an emergency condition performed by the operator of the gas or hazardous liquid
underground pipeline facility or a qualified excavator who has been engaged
to work on behalf of the operator in response to a reported or suspected leak
of natural gas, propane, or other combustible liquid or gas. If the emergency
condition has arisen through no fault of the excavating operator, section 76-2325 shall not apply.
(3)
Sections 76-2321 and 76-2323 shall not apply to an excavation deemed necessary
to address an emergency condition performed by the operator of the gas or
hazardous liquid underground pipeline facility or a qualified excavator who
has been engaged to work on behalf of the operator to address a leak of natural
gas, propane, or other combustible liquid or gas. In such event, the operator
shall give notification in substantial compliance with section 76-2321 prior
to the excavation undertaken by the operator to address the emergency condition.
Upon being notified that an emergency condition exists, each operator shall
provide all reasonably available location information to the excavating operator
as soon as possible, but the excavating operator need not wait for such location
information prior to excavation or continuing excavation. If the emergency
condition has arisen through no fault of the excavating operator, section 76-2325 shall not apply.

Legislative History

Source: Laws 1994, LB 421, § 29; Laws 2013, LB589, § 4.