Sec. 36A-5. Excavator's duties.

   (a)   If any person damages, dislocates, or disturbs an underground facility or exposes an unmarked underground facility during excavation, the person must immediately notify the owner or operator of the underground facility. An excavator must take reasonable steps to find who owns or operates any unmarked line, including notifying the one-telephone-number utility notification system.

   (b)   If any gas or flammable liquid underground facility is severed, or damaged to the extent that its contents escape or may imminently escape, the excavator must immediately notify the public service company that operates the underground facility and the county emergency operations center.

   (c)   A person must not bury a damaged underground facility until:

      (1)   The public service company has been notified; and

      (2)   The public service company has repaired the damage or has given the excavator permission to bury the facility.

   (d)   During an emergency an excavator may excavate, without notifying a public service company as required in this chapter, to relieve any immediate danger to life, health or property, if:

      (1)   The excavator notifies the public service company as soon as possible;

      (2)   The excavator does not use any blasting; and

      (3)   The excavator takes all reasonable precautions to protect the underground facilities. (1988 L.M.C., ch. 40, § 1.)

Sec. 36A-6. Violations and penalties.

   (a)   Any violation of this chapter is a class A violation.

   (b)   If, during excavation, any person who has failed to comply with this Chapter damages an underground facility;

      (1)   The Director of Permitting Services may issue a stop-work order under Section 8-20; and

      (2)   Any permits issued by an agency of the County to perform work related to the excavation may be revoked under the procedures that apply to each permit.

   (c)   Any excavator who violates Section 36A-5(c) may be subject to suspension or revocation of a building contractor's license, an electrician's license, or a plumber's license under Chapter 8, Chapter 17, or Chapter 34.

   (d)   This Chapter does not limit any rights or remedies under any other federal, state or local law. Compliance with this Chapter does not negate or restrict any liability that arises from any excavation. (1988 L.M.C., ch. 40, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2.)

Sec. 36A-7. Administration.

   The Department of Permitting Services administers this Chapter. The County Executive may adopt regulations under method (2) to implement this Chapter. (1988 L.M.C., ch. 40, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2.)

Sec. 36A-8. Exemption.

   This chapter does not apply to:

   (a)   Any excavation within the boundaries of a one-family residential property which is not performed by a contractor and does not require any permit issued by any agency of the county or a municipality; or

   (b)   Any surface replacement work within the boundaries of a public street or alley. (1988 L.M.C., ch. 40, § 1.)