Section 40. The following words, as used in this section and sections 40A to 40E, inclusive, shall have the following meanings:—
''Company'', natural gas pipeline company, petroleum or petroleum products pipeline company, public utility company, cable television company, and municipal utility company or department that supply gas, electricity, telephone, communication or cable television services or private water companies within the city or town where such excavation is to be made.
''Description of excavation location'', such description shall include the name of the city or town, street, way, or route number where appropriate, the name of the streets at the nearest intersection to the excavation, the number of the buildings closest to the excavation or any other description, including landmarks, utility pole numbers or other information which will accurately define the location of the excavation.
''Emergency'', a condition in which the safety of the public is in imminent danger, such as a threat to life or health or where immediate correction is required to maintain or restore essential public utility service.
''Excavation'', an operation for the purpose of movement or removal of earth, rock or the materials in the ground including, but not limited to, digging, blasting, augering, backfilling, test boring, drilling, pile driving, grading, plowing in, hammering, pulling in, jacking in, trenching, tunneling and demolition of structures.
''Excavator'', any entity including, but not limited to, a person, partnership, joint venture, trust, corporation, association, public utility, company or state or local government body which performs excavation operations.
''Premark'', to delineate the general scope of the excavation or boring on the paved surface of the ground using white paint, or stakes or other suitable white markings on nonpaved surfaces. No premarking shall be acceptable if such marks can reasonably interfere with traffic or pedestrian control or are misleading to the general public. Premarking shall not be required of any continuous excavation that is over 500 feet in length.
''Safety zone'', a zone designated on the surface by the use of standard color-coded markings which contains the width of the facilities plus not more than 18 inches on each side.
''Standard color-coded markings'', red - electric power lines, cables, conduit or light cables; yellow - gas, oil, street petroleum, or other gaseous materials; orange - communications cables or conduit, alarm or signal lines; blue - water, irrigation and slurry lines; green - sewer and drain lines; white - premark of proposed excavation.
''System'', the underground plant damage prevention system as defined in section 76D of chapter 164.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XIV - Public Ways and Works
Section 1 - Jurisdiction; Notice; Hearings
Section 2 - Petition; Recognizance
Section 3 - Notice of Proposed Taking and View or Hearing; Publication
Section 4 - View of Premises; Adjudication
Section 5 - Procedure on Objections to Proposal
Section 6 - Changes Between Termini; Establishment of Building Lines
Section 7 - Taking Land or Easement by Eminent Domain; Damages
Section 8 - Construction Requirements; Payment of Expenses
Section 9 - Culverts and Cattle Passes
Section 10 - Specific Repair of Ways
Section 12 - Payment of Damages and Costs of Construction
Section 13 - Payment of Expenses of Rejected Petitions
Section 14 - Failure by Municipalities to Construct Highways Laid Out by Commissioners
Section 15 - Remedy Against Delinquent Municipalities
Section 16 - Payment of County's Share of Expense
Section 18 - Notice to County Commissioners of Final Action on Petitions
Section 19 - Appeal to County Commissioners
Section 20 - Applicability to Railroad Crossings
Section 21 - Authority to Lay Out Ways
Section 22 - Notice of Intention
Section 23 - Filing and Acceptance of Plan
Section 24 - Taking by Eminent Domain; Damages
Section 28 - Completion of Way by County Commissioners
Section 29 - Private Ways; Laying Out, Relocation or Alteration by Commissioners
Section 30 - Discontinuance by Commissioners
Section 31 - Costs for Hearing Petitions; Recognizance
Section 32 - Report of Laid Out, Relocated or Altered Roads; Recordation
Section 32a - Abandonment of Municipal Ways
Section 32b - Taking Slope Easement to Protect Ways
Section 32c - Easements for Erection of Snow Fences
Section 34 - Reserved Spaces Along Ways; Rights of Pedestrians Injured by Streetcars
Section 35a - Laws Relative to Public Ways; Definition
Section 36 - Penalty for Misuse of Bicycle Paths
Section 38 - Acquisition of Land for Road Materials
Section 39 - Commencement of Proceedings
Section 40 - Definitions Applicable to Secs. 40a to 40e
Section 40a - Excavations; Notice
Section 40b - Designation of Location of Underground Facilities
Section 40d - Local Laws Requiring Excavation Permits; Public Ways