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of the state or other governmental entity or any other body or organization, the executive committee may require that at least 1 manager or supervisor thereof attend any such training.
• Any excavator who violates the law may be required to cease work on any excavation, or not start a proposed excavation until the excavator complies with Section 77-13-27 of the law.
Note: Violations remain on a violator’s record for 5 years.
Enforcement Injunctions
In addition to any other rights and remedies which a person may have,
any person has the right to resort to and apply for injunctive relief, both temporary and permanent, in any court of competent jurisdiction to enforce compliance with the provisions of the MS Dig Law and to restrain and prevent violations and threatened violations thereof.
Damage Fees
• Submitting a locate request relieves the notifying party of all liability
if the utility ignores the notice or provides significantly inaccurate information; however, this does
not relieve them from excavating carefully, nor does it relieve them from liability for any injury or damage resulting from their negligence.
• Except where the excavator has
fully complied with the law, anyone responsible for excavation that damages an underground utility/ facility line (excluding the property owner, unless they are the excavator) is responsible for all costs and expenses incurred by the operator to restore, correct, repair, or replace the damaged line or facility.
• If an operator brings a lawsuit to enforce compliance with the law,
the prevailing party will be awarded legal costs, expenses, and reasonable attorney’s fees. If multiple parties are found responsible, these costs will be equitably divided among them.
When Disaster Strikes
Damage Potential
After a devastating storm, residents are often left with the daunting task of rebuilding their lives. Homes and
businesses that once stood proud may now be reduced to piles of rubble, and the first crucial step toward recovery is clearing the debris left in the storm’s wake. Amidst the destruction, it’s important to remember that hope remains.
Surviving a major storm is not just about making it through the day after. For the residents of a city or town, full recovery can take months. To speed up the cleanup process, storm debris is often piled near the front of properties, close to streets or roads. But along those same streets and sidewalks lies a resilient infrastructure—underground utility services that have withstood the storm.
While municipalities and utility companies work tirelessly to restore services that were damaged or destroyed, heavy equipment used to remove debris can easily cause further harm. Utilities like water, sewer, and natural gas systems, often buried underground, can survive the storm. Although these services may have been taken for granted before, they now offer a beacon of hope that recovery is within reach.
During the cleanup process, you can help preserve that hope by taking care to avoid damaging these vital services. By doing so, you protect not only yourself but also the lives of those who call this place home, ensuring that recovery efforts proceed as smoothly as possible.
Damage Prevention
Avoid piling debris near buried utility lines, gas and water meters, fire hydrants, or telephone and cable TV pedestals. As debris accumulates, other workers may unknowingly add to the pile, eventually covering these facilities and their above-ground warning markers. To prevent damage to existing utility lines, pipes, and cables, contact MS811. This will help keep vital services flowing to the public and ensure a safer workplace for you and your crews.
When removing debris, exercise caution when working close to the ground. Avoid pushing or removing smaller piles without first checking to ensure no above-ground facilities are hidden beneath the debris. Power transformers and meters are often low-profile, making them easy to overlook, and debris can quickly become entangled, causing damage when lifted or moved.
The depth of buried utility lines can vary significantly, so it’s important
to exercise caution when dropping grappling claws into the ground or pushing material with a blade or bucket. These actions can easily damage the utility lines and pose serious risks to your safety.
Before removing a concrete slab, contact MS811. Utility services to the residence or business may still be connected,
and lifting the slab could damage distribution lines. By notifying MS811, utility owners can take steps to protect you, their facilities, and the public.
Frequently Asked Questions
Q. What if I am hand-digging, do I have to notify MS811?
A. The following activities do not require the submission of a locate request notice:
o Tilling soil less than 24 inches deep for agricultural purposes
o Excavating less than 12 inches deep on private property by the owner without using mechanical equipment.
o Excavating less than 12 inches deep on private property by a non-owner without mechanical equipment, except in marked underground areas.
o Routine railroad maintenance within 30 feet of the track structure, drainage ditches, or within the railroad right-of- way by railroad employees or contractors, done carefully to avoid damaging underground facilities.
o Routine railroad maintenance conducted within the track structure, drainage ditches,
or within the railroad right- of-way up to 30 feet from the outside rail of the outermost track, by railroad employees or contractors, done carefully to avoid damaging underground facilities.
o Routine cemetery activities after notifying MS811, and all affected operators have confirmed that there are no underground facilities within the cemetery
o Routine maintenance of public roads or rights-of-way, not penetrating more than 12 inches deep, done carefully to protect underground facilities.
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2024, Issue 3 Mississippi 811 • 17