Full Text of SB1714 94th General Assembly
SB1714 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1714
Introduced 2/25/2005, by Sen. Arthur J. Wilhelmi SYNOPSIS AS INTRODUCED: |
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220 ILCS 50/2 |
from Ch. 111 2/3, par. 1602 |
220 ILCS 50/2.2 |
from Ch. 111 2/3, par. 1602.2 |
220 ILCS 50/2.9 new |
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220 ILCS 50/2.10 new |
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220 ILCS 50/4 |
from Ch. 111 2/3, par. 1604 |
220 ILCS 50/6 |
from Ch. 111 2/3, par. 1606 |
220 ILCS 50/10 |
from Ch. 111 2/3, par. 1610 |
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Amends the Illinois Underground Utility Facilities Damage Prevention Act. Defines "forty-eight hours" as 2 business days beginning at 8 a.m. and ending at 4 p.m. (exclusive of Saturdays, Sundays, and holidays recognized by the State-Wide One-Call Notice System or a municipal One-Call Notice System). Makes corresponding changes. Defines "open cut utility locate". Provides that an open cut utility locate shall be deemed an emergency for purposes of emergency excavation or demolition requirements. Designates certain colors of flags, stakes, and paint used to mark an underground utility facility or CATS facility for use only by a facility owner or agent or for use only by an excavator. Effective immediately.
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A BILL FOR
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Underground Utility Facilities | 5 |
| Damage Prevention Act is amended by changing Sections 2, 2.2, | 6 |
| 4, 6, and 10 and by adding Sections 2.9 and 2.10 as follows:
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| (220 ILCS 50/2) (from Ch. 111 2/3, par. 1602)
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| Sec. 2. Definitions. As used in this Act, unless the | 9 |
| context clearly
otherwise
requires, the terms specified in | 10 |
| Sections 2.1 through 2.10
2.8 have the
meanings
ascribed to | 11 |
| them in those Sections.
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| (Source: P.A. 92-179, eff. 7-1-02.)
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| (220 ILCS 50/2.2) (from Ch. 111 2/3, par. 1602.2)
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| Sec. 2.2. Underground utility facilities. "Underground | 15 |
| utility
facilities" or "facilities" means and
includes wires, | 16 |
| ducts, fiber optic cable, conduits, pipes, sewers, and
cables | 17 |
| and
their connected appurtenances installed beneath the | 18 |
| surface of the ground
by a public utility (as is defined in the | 19 |
| Illinois Public Utilities Act, as
amended), or by a municipally | 20 |
| owned or mutually owned utility providing a
similar utility | 21 |
| service, except an electric cooperative as defined in the
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| Illinois Public Utilities Act, as amended, or by a pipeline | 23 |
| entity
transporting gases, crude oil, petroleum products, or | 24 |
| other hydrocarbon
materials within the State , or by a | 25 |
| telecommunications carrier as defined in
the Universal | 26 |
| Telephone Service Protection Law of 1985, or by a company
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| described in Section 1 of "An Act relating to the powers, | 28 |
| duties and
property of telephone companies", approved May 16, | 29 |
| 1903, as amended, or by
a community antenna television system, | 30 |
| hereinafter referred to as "CATS",
as defined in the Illinois | 31 |
| Municipal Code, as amended.
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| (Source: P.A. 92-179, eff. 7-1-02.)
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| (220 ILCS 50/2.9 new) | 3 |
| Sec. 2.9. "Forty-eight hours" means 2 business days | 4 |
| beginning at 8 a.m. and ending at 4 p.m. (exclusive of | 5 |
| Saturdays, Sundays, and holidays recognized by the State-Wide | 6 |
| One-Call Notice System or the municipal one-call notice | 7 |
| system). All requests for locates received after 4 p.m. will be | 8 |
| processed as if received at 8 a.m. the next business day. | 9 |
| (220 ILCS 50/2.10 new) | 10 |
| Sec. 2.10. "Open cut utility locate" means a method of | 11 |
| locating underground utility facilities that requires | 12 |
| excavation by the owner, operator, or agent of the underground | 13 |
| facility.
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| (220 ILCS 50/4) (from Ch. 111 2/3, par. 1604)
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| Sec. 4. Required activities. Every person who engages in | 16 |
| nonemergency
excavation or
demolition shall:
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| (a) take reasonable action to inform himself of the
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| location of any underground utility facilities or CATS | 19 |
| facilities in and
near the area for which such operation is to | 20 |
| be conducted;
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| (b) plan the excavation or demolition to avoid or minimize | 22 |
| interference with
underground utility facilities or CATS | 23 |
| facilities within the tolerance zone
by utilizing such | 24 |
| precautions that include, but are not limited to, hand
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| excavation, vacuum excavation methods, and visually inspecting | 26 |
| the excavation
while in progress until clear of the existing | 27 |
| marked facility;
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| (c) if practical, use white paint, flags, stakes, or both, | 29 |
| to outline the
dig site;
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| (d) provide notice not less than 48 hours
(exclusive
of | 31 |
| Saturdays, Sundays and holidays) but no more than 14 calendar | 32 |
| days in
advance of the start of the
excavation or demolition to | 33 |
| the owners or operators of the underground
utility facilities |
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| or CATS facilities in and near the excavation or
demolition | 2 |
| area through the State-Wide One-Call Notice System or, in the
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| case of nonemergency excavation or demolition within the | 4 |
| boundaries of a
municipality of at least one million persons | 5 |
| which operates its own
one-call notice system, through the | 6 |
| one-call notice system which operates
in that municipality;
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| (e) provide, during and following excavation or | 8 |
| demolition,
such support for
existing underground utility | 9 |
| facilities or CATS facilities in and near the
excavation or | 10 |
| demolition area as may be reasonably necessary for the | 11 |
| protection
of such facilities unless otherwise agreed to by the | 12 |
| owner or operator of the
underground facility or CATS facility;
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| (f) backfill all excavations in such manner and with such
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| materials as may
be reasonably necessary for the protection of | 15 |
| existing underground utility
facilities or CATS facilities in | 16 |
| and near the excavation or demolition area;
and
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| (g) After February 29, 2004, when the excavation or | 18 |
| demolition project
will extend past 28 calendar days from the | 19 |
| date of the original notice provided
under clause (d), the | 20 |
| excavator shall provide a subsequent notice to the owners
or | 21 |
| operators of the underground utility facilities or CATS | 22 |
| facilities in and
near the excavation or demolition area | 23 |
| through the State-Wide One-Call Notice
System
or, in the case | 24 |
| of excavation or demolition within the boundaries of a
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| municipality having a population of at least 1,000,000 | 26 |
| inhabitants that
operates its own one-call
notice system, | 27 |
| through the one-call notice system that operates in that
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| municipality
informing utility owners and operators that | 29 |
| additional time to complete
the excavation or demolition | 30 |
| project will be required. The notice will provide
the excavator | 31 |
| with an additional 28 calendar days from the date of the
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| subsequent notification to continue or complete the excavation | 33 |
| or demolition
project.
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| At a minimum, the notice required under clause (d) shall | 35 |
| provide:
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| (1) the person's name, address, and (i) phone number at |
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| which a person
can be reached and (ii) fax number;
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| (2) the start date of the planned excavation or | 3 |
| demolition;
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| (3) the address at which the excavation or demolition | 5 |
| will take place;
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| (4) the type and extent of the work involved; and
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| (5) section/quarter sections when the above | 8 |
| information does not
allow the State-Wide One-Call Notice | 9 |
| System to determine the appropriate
geographic | 10 |
| section/quarter sections. This item (5) does not apply to
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| residential property owners.
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| Nothing in this Section prohibits the use of any method of | 13 |
| excavation if
conducted in a manner that would avoid | 14 |
| interference with
underground utility facilities or CATS | 15 |
| facilities.
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| (Source: P.A. 92-179, eff. 7-1-02; 93-430, eff. 8-5-03.)
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| (220 ILCS 50/6) (from Ch. 111 2/3, par. 1606)
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| Sec. 6. Emergency excavation or demolition.
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| (a) Every person who
engages in emergency excavation or
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| demolition outside of the boundaries of a municipality of at | 21 |
| least one
million persons which operates its own one-call | 22 |
| notice system shall take
all reasonable precautions to avoid or | 23 |
| minimize
interference between the emergency work and existing | 24 |
| underground utility
facilities or CATS facilities in and near | 25 |
| the excavation or demolition
area, through the State-Wide | 26 |
| One-Call Notice System,
and shall notify, as far in advance as | 27 |
| possible, the owners or operators of
such underground utility | 28 |
| facilities or CATS facilities in and near the
emergency | 29 |
| excavation or demolition area, through the State-Wide One-Call
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| Notice System.
At a minimum, the notice required under this | 31 |
| subsection (a) shall provide:
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| (1) the person's name, address, and (i) phone number at | 33 |
| which a person can
be reached and (ii) fax number;
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| (2) the start date of the planned emergency excavation | 35 |
| or demolition;
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| (3) the address at which the excavation or demolition | 2 |
| will take place; and
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| (4) the type and extent of the work involved.
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| A 2-hour wait time exists after an emergency locate | 5 |
| notification request is
made through the State-Wide One-Call | 6 |
| Notice System. If the conditions at the
site dictate an earlier | 7 |
| start than the 2-hour wait time, it is the
responsibility of | 8 |
| the excavator to demonstrate that site conditions warranted
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| this earlier start time.
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| (b) Every person who engages in emergency excavation or | 11 |
| demolition
within the boundaries of a municipality of at least | 12 |
| one million persons
which operates its own one-call notice | 13 |
| system shall take all reasonable
precautions to avoid or | 14 |
| minimize interference between the emergency work
and existing | 15 |
| underground utility facilities or CATS facilities in and near
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| the excavation or demolition area, through the municipality's | 17 |
| one-call
notice system, and shall notify, as far in advance as | 18 |
| possible, the owners
and operators of underground utility | 19 |
| facilities or CATS facilities in and
near the emergency | 20 |
| excavation or demolition area, through the
municipality's | 21 |
| one-call notice system.
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| (c) The reinstallation of traffic control devices shall be | 23 |
| deemed an
emergency for purposes of this Section.
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| (d) An open cut utility locate shall be deemed an emergency | 25 |
| for purposes of this Section.
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| (Source: P.A. 92-179, eff. 7-1-02.)
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| (220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)
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| Sec. 10. Record of notice; marking of facilities. Upon | 29 |
| notice by the
person engaged in excavation or
demolition, the | 30 |
| person owning or operating underground utility facilities
or | 31 |
| CATS facilities in or near the excavation or demolition area | 32 |
| shall
cause a written record to be made of the notice and shall | 33 |
| mark, within 48
hours (excluding Saturdays, Sundays and | 34 |
| holidays) of receipt of notice, the
approximate locations of | 35 |
| such facilities so as to enable the person excavating
or |
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| demolishing to establish the location of the underground | 2 |
| utility facilities
or CATS facilities. Owners and operators of | 3 |
| underground sewer facilities
that are located outside the | 4 |
| boundaries of a municipality having a population
of at least | 5 |
| 1,000,000 inhabitants
shall be required to
respond and mark the | 6 |
| approximate location of those sewer facilities when
the | 7 |
| excavator indicates, in the notice required in Section 4, that | 8 |
| the
excavation or demolition project will exceed a depth of 7 | 9 |
| feet. "Depth", in
this
case, is defined as the distance | 10 |
| measured vertically from the surface of the
ground to the top | 11 |
| of the sewer facility. Owners and operators of underground
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| sewer
facilities
that are located outside the boundaries of a | 13 |
| municipality having a population
of at least 1,000,000 | 14 |
| inhabitants
shall be required at all times to locate the | 15 |
| approximate location of
those sewer facilities
when: (1) | 16 |
| directional
boring is the indicated type of excavation work | 17 |
| being performed within the
notice; (2) the underground sewer | 18 |
| facilities owned are non-gravity, pressurized
force mains; or | 19 |
| (3) the excavation indicated will occur in the immediate
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| proximity of known
underground sewer facilities that are less | 21 |
| than 7 feet deep. Owners or
operators of underground sewer
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| facilities that are located outside the boundaries of a | 23 |
| municipality having a
population
of at least 1,000,000 | 24 |
| inhabitants
shall not hold an excavator liable for damages that | 25 |
| occur to sewer
facilities that were not required to be marked | 26 |
| under this Section, provided
that
prompt notice of the damage | 27 |
| is made to the State-Wide One-Call Notice System
and
the | 28 |
| utility owner as required in Section 7.
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| All persons subject to the requirements of this Act shall | 30 |
| plan and conduct
their work consistent with reasonable business | 31 |
| practices. Conditions may exist
making it unreasonable to | 32 |
| request that locations be marked within 48 hours. It
is | 33 |
| unreasonable to request owners and operators of underground | 34 |
| utility
facilities and CATS facilities to locate all of their | 35 |
| facilities in an affected
area upon
short notice in advance of | 36 |
| a large or extensive nonemergency project, or to
request |
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| extensive locates in excess of a reasonable excavation or | 2 |
| demolition
work schedule, or to request locates under | 3 |
| conditions where a repeat request is
likely
to be made because | 4 |
| of the passage of time or adverse job conditions.
Owners
and | 5 |
| operators of underground utility facilities and CATS | 6 |
| facilities must
reasonably anticipate seasonal fluctuations in | 7 |
| the number of locate requests
and staff accordingly.
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| If a person owning or operating underground utility | 9 |
| facilities or CATS
facilities receives a notice under this | 10 |
| Section but does not own
or operate any underground utility | 11 |
| facilities or CATS facilities within the
proposed excavation or | 12 |
| demolition area described in the notice, that person,
within 48 | 13 |
| hours (excluding Saturdays, Sundays, and holidays) after | 14 |
| receipt
of the notice, shall so notify the person engaged in | 15 |
| excavation or demolition
who initiated the notice, unless the | 16 |
| person who initiated the notice
expressly waives the right to | 17 |
| be notified that no facilities are located within
the | 18 |
| excavation or demolition area. The notification by the owner or | 19 |
| operator
of
underground utility facilities or CATS facilities | 20 |
| to the person engaged in
excavation or demolition may be | 21 |
| provided in any reasonable manner including,
but not limited | 22 |
| to, notification in any one of the following ways: by
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| face-to-face communication; by phone or phone message; by | 24 |
| facsimile; by posting
in the excavation or demolition area; or | 25 |
| by marking the excavation or
demolition area. The owner or | 26 |
| operator of those facilities has discharged the
owner's or | 27 |
| operator's obligation to provide notice under this Section if | 28 |
| the
owner or operator attempts to provide notice by telephone | 29 |
| or by facsimile, if
the person has supplied a facsimile number, | 30 |
| but is unable to do
so because the person engaged in the | 31 |
| excavation or demolition does not answer
his or her telephone | 32 |
| or does not have an answering machine or answering service
to | 33 |
| receive the telephone call or does not have a facsimile machine | 34 |
| in operation
to receive the facsimile transmission. If the | 35 |
| owner or operator attempts to
provide notice by telephone or by | 36 |
| facsimile but receives a busy signal, that
attempt shall not |
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| serve to discharge the owner or operator of the obligation to
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| provide notice under this Section.
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| A person engaged in excavation or demolition may expressly | 4 |
| waive the right
to notification from the owner or operator of | 5 |
| underground utility facilities or
CATS facilities that the | 6 |
| owner or operator has no facilities located in the
proposed | 7 |
| excavation or demolition area. Waiver of notice is only | 8 |
| permissible
in the case of regular or nonemergency locate | 9 |
| requests. The waiver must be
made at the time of
the notice to | 10 |
| the State-Wide One-Call Notice System. A waiver made under this
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| Section is not admissible as evidence in any criminal or civil | 12 |
| action that may
arise out of, or is in any way related to, the | 13 |
| excavation or demolition that is
the subject of the waiver.
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| For the purposes of this Act,
underground facility | 15 |
| operators may utilize a combination of flags, stakes,
and paint | 16 |
| when possible on non-paved surfaces and when dig site and | 17 |
| seasonal
conditions warrant. If the approximate
location of an | 18 |
| underground utility facility or CATS facility is marked with
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| stakes or other physical means, the following color coding | 20 |
| shall be employed:
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21 | | Underground Facility
Utility or | 22 | | Community Antenna | Identification Color |
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23 | | Television Systems and Type | |
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24 | | of Product | |
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25 | | Facility Owner or Agent Use Only | |
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26 | | Electric Power, Distribution and | |
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27 | | Transmission ........................ | Safety Red |
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28 | | Municipal Electric Systems .............. | Safety Red |
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29 | | Gas Distribution and Transmission ....... | High Visibility |
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30 | | | Safety Yellow |
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31 | | Oil Distribution and Transmission ....... | High Visibility |
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32 | | | Safety Yellow |
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33 | | Telephone and Telegraph Systems ......... | Safety Alert Orange |
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34 | | Community Antenna Television Systems .... | Safety Alert Orange |
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| 1 | | Water Systems ........................... | Safety |
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2 | | | Precaution Blue |
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3 | | Sewer Systems ........................... | Safety Green |
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4 | | Non-potable Water and Slurry Lines ...... | Safety Purple |
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5 | | Excavator Use Only
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6 | | Temporary Survey ........................ | Safety Pink |
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7 | | Proposed Excavation ..................... | Safety White (Black |
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8 | | | when snow is |
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9 | | | on the ground) |
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| (Source: P.A. 92-179, eff. 7-1-02; 93-430, eff. 8-5-03 .)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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