(1) Damage includes the substantial weaning of structural or lateral support of an underground utility; penetration or destruction of any protective coating, housing or other protective device of an underground utility; and the partial or complete severance of an underground utility.

(2) Demolish or demolition means any operation by which a structure or mass of material is wrecked, razed, rendered, moved or removed by means of any tools, equipment or discharge of explosives.

(3) Excavate or excavation means an operation for the purpose of the movement or removal of earth, rock or other materials in or on the ground by use of mechanized equipment or by discharge of explosives, including augering, backfilling, digging, ditching, drilling, grading, plowing-in, pulling-in, ripping, scraping, trenching and tunneling, but not including the tilling of soil for agricultural purposes.

(4) Mechanized equipment means equipment operated by means of mechanical power, including trenchers, bulldozers, power shovels,

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CH. 71 UNDERGROUND UTILITY DAMAGE PREVENTION

augers, back hoes, scrapers, drills, cable and pipe plows and other equipment used for plowing-in cable or pipe.

(5) Person means any individual, any corporation, partnership, association or any other entity organized under the laws of the territory of Guam.

(6) Utility means any means any pipe, conduit, duct, wire, cable, valve, line, fiber optic equipment, system, facility, or other structure which is buried or placed below ground or submerged for use in connection with production, storage, conveyance, transmission, distribution or protection of any electronic communication system, telecommunications system, or fiber optic, electricity, oil, natural gas, gases, steam, mixture of gases, petroleum, petroleum products, flammable fluids, or other substances of like nature or water or water systems, sewer systems or traffic, drainage control systems, or other items of like nature.
(7) Operator means any person, individual, governmental agency or their agents, joint venture, firm, partnership, association, or corporation who owns or operates, a public or private underground facility or utility which furnishes a service or material or stores, transports, or transmits an electronic communication system, telecommunications system, or fiber optic, electricity, oil, natural gas, gases, steam, mixture of gases, petroleum, petroleum products, flammable fluids, or other substances of like nature or water or water systems, sewer systems or traffic, drainage control systems, or other items of like nature.

Operator also means the entities responsible for operating the public utilities of Guam specifically Guam Power Authority, Guam Waterworks Authority and the incumbent local exchange carrier as defined by § 12102 (e), Title 12, Guam Code Annotated.

(8) Working day means every day, except Saturday, Sunday and national and legal holidays.

SOURCE: Subsections (6) and (7) amended by P.L. 29-090:2, 3 (July 18, 2008). Subsection (7) amended by P.L. 29-146:4 (Jan. 30, 2009).