65-407-895 Me. Code R. § 5

Current through 2024-25, June 19, 2024
Section 407-895-5 - RESPONSIBILITIES OF THE DIG SAFE SYSTEM
A.Notification. Upon receiving notice of excavation as required by Section 4(B), the Dig Safe System shall immediately notify all member operators whose underground facilities may be affected by the notice.
B.System Requirements
1. The Dig Safe System shall provide a single, statewide, toll-free telephone number. All telephone directories shall prominently display the toll-free number: 1-(888)-DIGSAFE (1-(888)-344-7233) or such other number that may be established.
2. At a minimum, the Dig Safe System shall staff its operation from 7 a.m. to 5 p.m. each day excluding Saturdays, Sundays and legal Maine holidays. The Dig Safe System shall provide emergency notification 24 hours per day, 7 days per week.
3. The Dig Safe System shall provide adequate communication equipment and personnel sufficient to answer calls within 20 seconds under normal operating conditions or otherwise as soon as practicable.
4. The Dig Safe System shall transmit non-emergency messages to member operators by 6:00 p.m. on the date of receipt. The Dig Safe System shall transmit emergency messages to member operators within 10 minutes of receipt under normal operating conditions or otherwise as soon as practicable.
5. The Dig Safe System may adopt rules requiring face-to-face meetings between excavators and member operators.
6. The cost of operating the Dig Safe System shall be apportioned equitably among its member operators.
7. The Dig Safe System shall maintain adequate records to document compliance with the requirements of this rule. The Dig Safe System shall annually report to the Commission information adequate to demonstrate the extent to which it answers calls and transmits messages within the time frames required by this rule.
8. The Dig Safe System shall assist the Commission to the extent practicable in coordinating access for Maine excavators calling the Dig Safe System to the Commission's OKTODIG database.
9. The Dig Safe System shall restrict the use of facility location information provided by Maine operators to those uses required to perform its duties under this Rule and will restrict access to the facility location information to those employees of the Dig Safe System performing such duties. Access to Maine facility location information shall not be available to the general public by electronic or digital technology or by copies of maps and plans. The Dig Safe System shall use reasonable care to maintain all facility location information provided by Maine operators in a secure manner and the Commission may initiate an appropriate investigation to review security protocols.
10. No later than 21 business days after receiving notification of newly installed facilities or planned new facilities pursuant to subsection 6(A)(1)(d) (iii), or discovered facilities pursuant to subsection 6(B)(6), the Dig Safe System shall update its records to reflect the location of these facilities.
C.Public Awareness Programs
1. The Dig Safe System shall provide all member operators with a brochure explaining Dig Safe's objectives, procedural guidelines and opportunities for member participation.
2. Upon request, the Dig Safe System shall provide training to operators and excavators regarding its operations.
3. The Dig Safe System shall conduct a public awareness program, including but not limited to making literature available describing the Dig Safe System, distributing such literature to the public, and making such literature available for purchase and distribution to requesting parties.

65-407 C.M.R. ch. 895, § 5