SB64-SSA1,6,2117
182.0175
(2) (am) 2.
Every person who engages in In an emergency
excavation
18or demolition shall, take all reasonable precautions to avoid to the extent possible
19interference with existing transmission facilities in and near the
construction 20excavation area and
shall notify as promptly as possible the owners of transmission
21facilities which may be affected by the emergency excavation
or demolition.
SB64-SSA1, s. 21
22Section
21. 182.0175 (2) (bm) of the statutes is created to read:
SB64-SSA1,6,2423
182.0175
(2) (bm)
Notice. An excavation notice shall include all of the following
24information:
SB64-SSA1,6,2525
1. The name of the person providing notice.
SB64-SSA1,7,1
12. The name, address and telephone number of the excavator.
SB64-SSA1,7,22
3. The specific location and description of the excavation area.
SB64-SSA1,7,33
4. A description of the intended excavation activity.
SB64-SSA1,7,44
5. The intended starting date of the excavation.
SB64-SSA1, s. 22
5Section
22. 182.0175 (2) (c) and (d) of the statutes are repealed.
SB64-SSA1, s. 23
6Section
23. 182.0175 (2) (e) of the statutes is renumbered 182.0175 (2m) (b)
7and amended to read:
SB64-SSA1,7,228
182.0175
(2m) (b) (title)
Facilities marking. Every A person owning
9transmission facilities, upon receipt of
an excavation notice
under par. (a) 3., shall
10mark in a reasonable manner the locations of transmission facilities
in at the
field
11so as area described in the notice to enable the
person engaged in excavation or
12demolition excavator to locate the transmission facilities without endangering the
13security of
such the facilities
or the public. The marking of facilities shall be
14accomplished completed within 3 working days after receipt of the notice,
except
or 15if notice is given more than 10 days before
the excavation
or demolition is scheduled
16to begin, marking
need not shall be
accomplished more than completed at least 3
17working days before excavation
or demolition is scheduled to begin. If the
18approximate location of
an underground a transmission facility is marked with
19paint, flags, stakes or other physical means, the
following color coding
of lines, cables
20or conduits shall
be as follows except that color coding shall not be required for
21permanent markers required by state and federal codes comply with the uniform
22color code adopted by the American National Standards Institute:
SB64-SSA1,7,2323
1. Electric power
distribution and transmission: safety
: red.
SB64-SSA1,8,3
12.
Natural gas distribution and transmission, oil distribution and transmission
2and dangerous Gas, oil, steam, petroleum or gaseous materials
products lines: high
3visibility safety: yellow.
SB64-SSA1,8,64
3.
Telecommunications and telegraph systems Communications, cable
5television
and police and fire communications: safety alert or alarm or signal
6systems: orange.
SB64-SSA1,8,77
4. Water
, irrigation or slurry systems:
safety precaution blue.
SB64-SSA1,8,88
5. Sewer
or drain systems:
safety green.
SB64-SSA1, s. 24
9Section
24. 182.0175 (2) (f) of the statutes is renumbered 182.0175 (2m) (c) and
10amended to read:
SB64-SSA1,8,2511
182.0175
(2m) (c) (title)
Facilities inspection and repair. Every person owning
12transmission facilities who receives
a notice
under par. (a) 6., (c) or (d) of possible
13damage shall inspect
the facilities for damage within
24 6 hours after receipt of
the 14notice
if there is risk of personal injury or loss of life or within 24 hours after receipt
15of the notice if there is not a risk of personal injury or loss of life and
shall repair any
16damage found as soon as practicable. Unless the owner of any transmission facility
17is notified
pursuant to par. (a) 6., (c) or (d) or has knowledge of
frequent damage to
18transmission facilities by
a person doing emergency or nonemergency excavation or
19demolition, such an excavator, the owner
shall is not
be responsible
for or
be required
20to make an inspection of its transmission facilities, nor shall the owner, in the
21absence of
such notification or knowledge, be responsible for supervising in any
22manner the excavation
or demolition work. Upon the giving of notice pursuant to
23par. (a) 6., (c) or (d) the person performing the demolition or excavation shall refrain
24from backfilling until an inspection and any necessary repairs are made by the owner
25of the transmission facilities.
SB64-SSA1, s. 25
1Section
25. 182.0175 (2m) (title) and (a) of the statutes are created to read:
SB64-SSA1,9,32
182.0175
(2m) (title)
Transmission facilities owner requirements. (a)
3Responsibilities. A transmission facilities owner shall do all of the following:
SB64-SSA1,9,64
1. Respond to a planning notice within 10 days after receipt of the notice by
5conducting field markings, providing records and taking other appropriate
6responses.
SB64-SSA1,9,97
2. Respond to an excavation notice within 3 working days by marking the
8location of transmission facilities as provided under par. (b) in the area described in
9the excavation notice.
SB64-SSA1,9,1110
3. Provide emergency locater service within 24 hours after receiving a request
11for that service.
SB64-SSA1, s. 26
12Section
26. 182.0175 (2m) (b) 6. and 7. of the statutes are created to read:
SB64-SSA1,9,1313
182.0175
(2m) (b) 6. Temporary survey markings: pink.
SB64-SSA1,9,1414
7. Proposed excavation: white.
SB64-SSA1, s. 27
15Section
27. 182.0175 (3) of the statutes is renumbered 182.0175 (3) (a) and
16amended to read:
SB64-SSA1,9,2317
182.0175
(3) (a) (title)
Forfeitures. Any person who
wilfully and knowingly
fails
18to comply with violates this section
, except sub. (2) (e), shall may be required to forfeit
19$1,000 $2,000 for each
such failure, provided that if the failure to comply results in
20damage to any transmission facility, the forfeiture shall be $2,000
offense. Each day
21that failure to comply persists is of continued violation constitutes a separate offense.
22All actions to recover penalties under this section shall be brought in circuit court by
23the district attorney.
SB64-SSA1, s. 28
24Section
28. 182.0175 (3) (b) of the statutes is created to read:
SB64-SSA1,10,5
1182.0175
(3) (b)
Misdemeanor. Whoever intentionally removes, moves or
2obliterates a transmission facilities marking placed by the transmission facilities
3owner may be fined not more than $500 or imprisoned for not more than 30 days or
4both. This paragraph does not apply to an excavator who removes or obliterates
5markings during an excavation.
SB64-SSA1,10,97
182.0175
(4) Right of action. This section shall not
release or waive or
8otherwise affect any right of action
, forfeiture or penalty which
the this state or any
9person
has or may have.
SB64-SSA1,10,2211
182.0175
(5) Right to injunction. If any person engages in or is likely to
12engage in excavation
or demolition contrary to the provisions of inconsistent with 13this section
, and which results or is likely to result in damage to transmission
14facilities, the person who owns or operates
such
the facilities may seek injunctive
15relief in the circuit court for
Dane the county
or in any other court of competent
16jurisdiction in which the transmission facilities are located. If the transmission
17facilities are owned or operated by a public utility as defined in s. 196.01 (5),
18including a telecommunications carrier, as defined in s. 196.01 (8m), and the public
19utility does not seek injunctive relief, the attorney general
, upon request of the public
20service commission
, shall seek injunctive relief in the circuit court for
Dane the 21county
or in any other court of competent jurisdiction
in which the transmission
22facilities are located.
SB64-SSA1,10,24
24(1) This act first applies to notices given on the effective date of this subsection.
SB64-SSA1,11,2
1(1)
This act takes effect on the first day of the 12th month beginning after
2publication.