Montana Code Annotated 1995

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     69-4-501. Definitions. The following definitions shall apply to this part:
     (1) "Business day" means any day other than Saturday, Sunday, or a legal local, state, or federal holiday.
     (2) "Emergency" means:
     (a) any condition that constitutes a clear and present danger to life or property; or
     (b) a customer outage.
     (3) "Excavation" means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means or use of any tools, equipment, or explosives. The term includes but is not limited to grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, and cable or pipe plowing and driving. Excavation does not include surface road grading maintenance or road or ditch maintenance that does not change the original road or ditch grade or flow line.
     (4) "Identified but unlocatable underground facility" means an underground facility that has been identified but cannot be located with reasonable accuracy.
     (5) "Locatable underground facility" means an underground facility that can be field-marked with reasonable accuracy.
     (6) "Mark" means the use of stakes, paint, or other clearly identifiable material to show the field location, or absence, of underground facilities, in accordance with the current color code standard of the American public works association. Marking must include identification letters indicating the specific type of underground facility, and the width of the facility if it is greater than 6 inches.
     (7) "One-call notification center" means a service through which a person may request a marking of underground facilities.
     (8) "Person" means an individual, partnership, firm, joint venture, corporation, association, municipality, governmental unit, department, or agency, and includes any trustee, receiver, assignee, or a personal representative thereof.
     (9) "Reasonably accurate" means location within 18 inches of the outside lateral dimensions of both sides of an underground facility.
     (10) "Underground facility" means any facility buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic or telegraphic communications, cablevision, fiber optics, electric energy, oil, gas, or other substances. The term includes but is not limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, and attachments to the listed items.

     History: En. Sec. 1, Ch. 180, L. 1971; R.C.M. 1947, 32-4801; amd. Sec. 1, Ch. 286, L. 1991.

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