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Session Laws, 1990 Session
Volume 436, Page 3372   View pdf image (33K)
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VETOES

public service company shall advise the person who proposes to excavate that marking is
unnecessary.

(5) No person shall begin excavation prior to the marking required by this
section or notification by each and every public service company, or by the one-number
utility protection system, that marking is unnecessary.]

(Q (1) ANY PERSON OPERATING A ONE-CALL SYSTEM IN THE
STATE SHALL REGISTER WITH AND BE CERTIFIED BY THE PUBLIC
SERVICE COMMISSION. THE COMMISSION SHALL HAVE THE AUTHORITY
TO GRANT, AMEND, OR REVOKE CERTIFICATES OF ANY SUCH SYSTEM.
ANY ONE-CALL SYSTEM ENGAGED IN BUSINESS ON OR BEFORE JULY 1,
1990 SHALL BE AUTOMATICALLY REGISTERED AND CERTIFIED AND
AUTHORIZED TO CONTINUE ITS BUSINESS OPERATIONS.

(G) (1) (2) EACH OWNER SHALL:

(I) FILE WRITTEN NOTICE WITH THE PUBLIC SERVICE
COMMISSION AND GIVE THE TELEPHONE NUMBER OF THE PERSON IN
EACH COUNTY OF THE STATE TO WHOM CALLS CONCERNING PROPOSED
EXCAVATION SHOULD BE DIRECTED;

(II) BE A MEMBER OF A ONE-CALL SYSTEM THAT HAS A
TELEPHONE NUMBER FILED WITH THE PUBLIC SERVICE COMMISSION ON
BEHALF OF ALL THE OWNERS;

(III) AFTER RECEIPT OF A NOTICE FROM A CONTRACTOR
OF AN INTENT TO EXCAVATE AT A SPECIFIC LOCATION, DETERMINE
WITHIN 2 WORKING DAYS 48 HOURS (EXCLUDING SATURDAYS,
SUNDAYS, AND LEGAL HOLIDAYS) WHETHER A PROPOSED EXCAVATION

IS PLANNED WITHIN 5 FEET OF THE HORIZONTAL PLANE OF AN
UNDERGROUND FACILITY, OR WHETHER A PROPOSED EXCAVATION, BY

BLASTING. IS PLANNED IN SUCH PROXIMITY TO AN UNDERGROUND
FACILITY THAT THE FACILITY MAY BE DISTURBED OR DAMAGED;

(IV) NOTIFY THE CONTRACTOR WITHIN 2 WORKING DAYS
48 HOURS (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS)
AFTER RECEIPT OF A NOTICE IF AN UNDERGROUND FACILITY MIGHT BE
DISTURBED OR DAMAGED;

(V) MARK THE LOCATION OF AN UNDERGROUND
1 FACILITY WITHIN 18 24 INCHES ON A HORIZONTAL PLANE ON EITHER

SIDE OF THE FACILITY IF THE OWNER DETERMINES THAT A PROPOSED

EXCAVATION IS PLANNED WITHIN 5 FEET OF THE HORIZONTAL
UNDERGROUND FACILITY, AND PROVIDE THE CONTRACTOR WITH ANY

KNOWN INFORMATION IT HAS AS TO THE ELEVATION OF THE
UNDERGROUND FACILITIES. THE FACT THAT THE OWNER PROVIDES

INFORMATION, SHOULD IT EXIST, AS TO THE ELEVATION OF THE
UNDERGROUND FACILITY DOES NOT ESTABLISH ANY LIABILITY
THEREFORE
OR IF A PROPOSED EXCAVATION, BY BLASTING, IS

- 3370 -


 

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Session Laws, 1990 Session
Volume 436, Page 3372   View pdf image (33K)
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