MARVIN MANDEL, Governor                                2843

REMOVING ANY STRUCTURE OR MASS OF MATERIAL.

(2)    "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)    "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.

(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
4 8 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, [[EXCEPT AN
EXCAVATION BY BLASTING, ]] IS PLANNED WITHIN FIVE FEET OF
AN UNDERGROUND FACILITY AS MEASURED IN THE HORIZONTAL
PLANE, [[OR]]] AND IF A PROPOSED EXCAVATION, BY BLASTING,
IS PLANNED IN SUCH PROXIMITY TO THE UNDERGROUND FACILITY
THAT THE FACILITY MAY BE DESTROYED, DAMAGED, DISLOCATED