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Session Laws, 1990 Session
Volume 436, Page 1837   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor Ch. 440

[(1)] (2) "Excavation" means any operation in which earth, rock or other
material in or on the ground is moved, removed or otherwise displaced by means of any
tools, equipment or explosives and includes, without limitation, grading, trenching,
digging, ditching, drilling, augering, tunnelling, scraping, cable or pipe plowing and
driving, DEMOLITION, wrecking, razing, rending, moving or removing any structure or
mass of material.

(3) "ONE-CALL SYSTEM" MEANS A COMMUNICATIONS
NETWORK IN THE STATE THAT ALLOWS A PERSON TO CALL THE
TELEPHONE NUMBER OF A ONE-NUMBER UTILITY PROTECTION SYSTEM.

(4) "OWNER" MEANS A PUBLIC UTILITY,
TELECOMMUNICATIONS OR CABLE TELEVISION CORPORATION,
POLITICAL SUBDIVISION, MUNICIPALITY, AUTHORITY, OR OTHER

PERSON THAT:

(I) OWNS OR OPERATES AN UNDERGROUND FACILITY;

AND

(II) HAS THE RIGHT TO BURY AN UNDERGROUND
FACILITY.

[(2)] (5) "Person" means any individual, firm, joint venture, partnership,
corporation, association, municipality, governmental unit, department or agency and
shall include any trustee, receiver, assignee or personal representative thereof,
provided, however, that nothing in this section shall apply to any excavation done by the
owner of a private residence when said excavation is made entirely on the land on which
the private residence is situated.

[(3)] (6) (1) "Underground facility" means any item of personal property
which shall be buried or placed below ground or submerged for use in connection with
the storage or conveyance of water, sewage, electronic, telephonic, or telegraphic
communications, electric energy, oil, gas or other substances, and shall include but not
be limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments
and those portions of poles below ground.

(II) "UNDERGROUND FACILITY" DOES NOT MEAN OR
INCLUDE ANY STORMWATER DRAINS.

£7} "WORKING DAY" MEANS ANY DAY EXCEPT SATURDAY,
SUNDAY, OR A LEGAL HOLIDAY.

[(c) (1) Every public service company having the right to bury underground
facilities shall file with the Public Service Commission the telephone number of the
person or persons, in each county in the State, to whom all calls concerning proposed
excavation should be directed. For those counties where a one-number utility
protection system exists, the one-number utility protection system's telephone number
shall be filed with the Public Service Commission on behalf of all participating public
service companies.

(2) A person shall not make or begin any excavation without first notifying

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Session Laws, 1990 Session
Volume 436, Page 1837   View pdf image (33K)
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