Section 77-13-7 - Notification of damaged lines

(1) Each person responsible for any excavation that results in damage to an underground utility line or underground facility, immediately upon discovery of such damage, shall notify Mississippi 811, Incorporated, and notify all operators of such damaged line or facility of the location of the damage and shall allow the operator reasonable time to accomplish any necessary repairs before completing the excavation in the immediate area of the damage to such line or facility.(2) Each person responsible for any excavation that results in damage to an underground pipeline or underground facility permitting the escape of any hazardous, flammable, toxic or corrosive gas or liquid shall, immediately upon discovery of such damage, call 911 and then notify Mississippi 811, Incorporated, and the operator and take other action as may reasonably be necessary to protect persons and property and to minimize the hazards, until arrival of the operator's personnel and the police or fire departments.(3) Except where the excavator has fully complied with the provisions of Section 77-13-5 and subsections (1) and (2) of this section, each person responsible for excavation that results in damage to an

) Except where the excavator has fully complied with the provisions of Section 77-13-5 and subsections (1) and (2) of this section, each person responsible for excavation that results in damage to an underground line or underground facility, except the property owner, unless the property owner is the excavator, shall be responsible for any and all costs and expenses incurred by the operator in restoring, correcting, repairing or replacing the damaged line or facility.(4) In the event that an operator brings a lawsuit to enforce compliance with this section, then the prevailing party in any such lawsuit shall be awarded its legal costs, expenses, and fees, including reasonable attorney's fees, incurred in connection with such lawsuit. If more than one (1) party is found to be responsible, the costs, expenses, and fees, including reasonable attorney's fees, shall be equitably apportioned among the responsible parties.Laws, 1985, ch. 494, § 4; Laws, 1997, ch. 483, § 3; reenacted without change, Laws, 1999, ch. 302, § 4; Laws, 2008, ch. 497, § 3; Laws, 2009, ch. 382, § 2, eff. 7/1/2009.Amended by Laws, 2023, ch. 428, SB 2102,§ 5, eff. 7/1/2023.Amended by Laws, 2016, ch.

acted without change, Laws, 1999, ch. 302, § 4; Laws, 2008, ch. 497, § 3; Laws, 2009, ch. 382, § 2, eff. 7/1/2009.Amended by Laws, 2023, ch. 428, SB 2102,§ 5, eff. 7/1/2023.Amended by Laws, 2016, ch. 490, SB 2755, 8, eff. 7/1/2016.