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Session Laws, 1990 Session
Volume 436, Page 3371   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor

owner of a private residence when said excavation is made entirely on the land on which
the private residence is situated.

[(3)] (6) (I) "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 SYSTEM.

£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
by telephone, at least 48 hours prior to the commencement of the proposed excavation
(excluding Saturdays, Sundays and legal holidays), each and every public service
company which may have underground facilities in the area of the proposed excavation.
In those counties where a one-number utility protection system exists, telephonic
notification required by this subsection may be accomplished by notifying the
one-number utility protection system within the time limits prescribed.

(3) If it is determined by a public service company that a proposed
excavation is planned within five feet of an underground facility as measured in the
horizontal plane, and if a proposed excavation, by blasting, is planned in such proximity
to the underground facility that the facility may be destroyed, damaged, dislocated or
disturbed, the public service company shall notify the person who proposes to excavate
and shall mark the horizontal location of the underground facility on the ground to
within three feet on either side of the underground facility by means of stakes, paint, or
other suitable means within two business days after the request. In the case of
extraordinary circumstances, if the public service company cannot mark the location
within two business days, the company shall notify the person who proposes to excavate
and shall, in addition, notify the person of the date and time when the location will be
marked.

(4) If the public service company has no underground facility in the area of
the proposed excavation or if it is determined that a proposed excavation is not planned
within five feet of an underground facility as measured in the horizontal plane, and if a
proposed excavation, by blasting or other means, is not planned in such proximity to the
public service company's underground facility that the facility may be damaged, the

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Session Laws, 1990 Session
Volume 436, Page 3371   View pdf image (33K)
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