Michigan Laws 460.729 – Liability of officers, agents, or employees of notification system; liability of excavator or farmer engaged in farming operations or owner of farm
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Michigan Laws 460.729
- Damage: means any impact upon or exposure of an underground facility requiring its repair or replacement due to weakening, partial destruction, or complete destruction of the facility, including, but not limited to, the protective coating, lateral support, cathodic protection, or housing of the facility. See Michigan Laws 460.723
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Excavator: means any person performing excavation or blasting. See Michigan Laws 460.723
- Facility operator: means a person that controls the operation of a facility. See Michigan Laws 460.723
- Facility owner: means a person that owns a facility. See Michigan Laws 460.723
- Farm: means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 460.723
- Farming operations: means plowing, cultivating, planting, harvesting, and similar operations routine to most farms and that are performed on a farm. See Michigan Laws 460.723
- Notification system: means MISS DIG System, Inc. See Michigan Laws 460.723
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Public right-of-way: means the area on, below, or above a public roadway, highway, street, alley, easement, or waterway. See Michigan Laws 460.723
- Safe zone: means an area 48 inches or more from either side of the facility marks provided by a facility owner or facility operator. See Michigan Laws 460.723
- underground facility: means an underground or submerged conductor, pipe, or structure, including, but not limited to, a conduit, duct, line, pipe, wire, or other device and its appurtenances used to produce, store, transmit, or distribute a utility service, including communications, data, cable television, electricity, heat, natural or manufactured gas, oil, petroleum products, steam, sewage, video, water, and other similar substances, including environmental contaminates or hazardous waste. See Michigan Laws 460.723
(1) The notification system and its officers, agents, or employees are not liable for any damages, including damages for injuries or death to persons or damage to property, caused by its acts or omissions in carrying out the provisions of this act. The notification system is not responsible for assuring performance by a facility owner or facility operator of its obligation to participate in the notification system under section 4(4).
(2) An excavator or a farmer engaged in farming operations that complies with this act is not responsible for damages that occur to a facility that is improperly marked, not marked, or determined to be within the safe zone.
(3) An owner of a farm who complies with this act is not liable for any damages to a facility if the damage occurred in the course of farming operations, except in those lands within the public right-of-way, unless the owner intentionally damaged the underground facility or acted with wanton disregard or recklessness in damaging the facility. As used in this subsection, “owner” includes a family member, employee, or tenant of the owner.