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, � <br /> HB2138 Enrolled -13- LRB9205929JSpc <br /> 1 s�a��-�e-sx�jee�-�e-sxe�-€3se-3€-��e-ewxe�-e�-ege�a�e�-e€-��e � <br /> 2 xa�e���eax�-x�3�3�y-€ae3}3�3es-e�re�-�s-rna�ksx�-er-€a3�e�--Ee <br /> 3 �a�k--sae�--€ae3�3�3es--as-grev3�e�-3a-6eeE3es-�9-e€-�k�s-Ae� <br /> 4 as�-ao-w3}}��}_�a�a�e-�as-�eea-eo��3E�e�: <br /> 5 (f) As provided in Section 3 of this Act, all owners or <br /> 6 operators of underground utility facilities or CATS <br /> 7 facilities who fail to ioin the State-Wide One-Call Notice <br /> 8 System by January 1, 2003 shall be subject to a penalty of <br /> 9 $100 per day for each separate offense. Every day an owner or <br /> 10 operator fails to join the State-Wide One-Call Notice System <br /> 11 is a separate offense. This subsection (f) does not apply to <br /> 12 utilities operating facilities or CATS facilities exclusively <br /> 13 within the boundaries of a municipality with a population of <br /> 14 at least 1,000,000 persons. <br /> 15 (� No owner or operator of underground utility <br /> 16 facilities or CATS eein�n�x�Ey--aa�e�a--Ee�ev3s3ea--sys�ems <br /> 17 facilities shall be subject to a penalty €3ae where a delay <br /> 18 in marking or a failure to mark or properly mark the location <br /> 19 of an underground utility or CATS facility is caused by <br /> 20 conditions beyond the reasonable control of such owner or <br /> 21 operator. <br /> 22 (h) Any person who is neither an agent, employee, or <br /> 23 authorized locating contractor of the owner or operator of <br /> 24 the underqround utility facility or CATS facility nor an <br /> 25 excavator involved in the excavation activity who removes, <br /> 26 alters, or otherwise damaqes markings, flags, or stakes used <br /> 27 to mark the location of an underground utility or CATS <br /> 28 facility other than during the course of the excavation for <br /> 29 which the markinqs were made or before completion of the <br /> 30 proiect shall be subiect to a penalty_up__to $1,000 for each <br /> 31 separate offense. <br /> 32 (i) The excavator shall exercise due care at all times <br /> 33 to protect underqround utility facilities and CATS <br /> 34 facilities. If, after proper notification through the <br />