Montana Code Annotated 2021



Part 5. Excavations Near Underground Facilities

Incident Reports -- Notification Of Damage -- Fines

69-4-529. Incident reports -- notification of damage -- fines. (1) (a) Within 30 days of an incident, an underground facility owner who owns an underground facility that is damaged shall:

(i) report the incident to the appropriate notification center; and

(ii) notify the excavator involved in the incident that the incident has been reported in accordance with subsection (1)(a)(i).

(b) A notification center that receives a report in accordance with subsection (1)(a) shall notify the department.

(2) When the information is available, the incident report must include:

(a) the name, address, and telephone number of the excavator responsible for the incident or the underground facility owner responsible for the damage;

(b) a description of the damage to the underground facility;

(c) a description of the incident, including whether it resulted in real or personal property damage, personal injury, or death;

(d) the name, address, and telephone number of any third party involved in the incident; and

(e) a description of any damage incurred by the excavator, including personal injury or death.

(3) After an incident is reported in accordance with subsection (1) and if the underground facility that is damaged is not a jurisdictional pipeline, if an underground facility owner determines that a civil penalty is not required, the underground facility owner shall provide notice of the determination to the department within 30 days of the date that the incident report was filed.

(4) (a) Except as provided in subsection (4)(b), the incident report must be available for public inquiry.

(b) The department may not make public any personal information protected by an individual privacy interest.

(5) If an underground facility owner fails to file an incident report in accordance with this section, the department shall assess a $100 fine.

(6) If an underground facility owner determines that damage to an underground facility that is not a jurisdictional pipeline is an event and not an incident, reporting and notification in accordance with subsection (1) is not required.

(7) An underground facility owner who receives a fine may contest the fine by requesting, within 20 days of the fine being levied, a hearing from the department.

(8) Beginning July 1, 2017, the department shall maintain a database of incident reports. Incident reports must be maintained for a minimum of 5 years.

History: En. Sec. 10, Ch. 326, L. 2017.