[§269E-11]  Remarking of operator's
subsurface installation.  (a)  The excavator shall take reasonable care to
maintain an operator's field markings.



(b)  If at any time during an excavation for
which there is a valid inquiry identification number an operator's field
markings are no longer reasonably visible, the excavator shall shut down the
excavation and contact the center and request remarking of the subsurface
installations.  The center shall, on the same day, contact the operator and
request remarking.



(c)  Upon receiving timely renotification
pursuant to this section, the operator shall within five working days, and to
the extent necessary, remark those subsurface installations that may be
affected by the excavation in conformance with section 269E‑9(a)(4).  The
operator shall promptly notify the center when the requirements of this section
are fulfilled.



(d)  The excavator may continue excavation:



(1)  After the center notifies the excavator that the
operator has fulfilled the requirements of section 269E-11(c); or



(2)  Five working days after the excavator requests
remarking pursuant to section 269E-11(b); provided that this subsection shall
not be construed as affording the excavator any immunity or protection from
claims for damages or injuries relating to the excavation.



(e)  If the excavator maintains the operator's
field markings, then the excavator, when extending a location request ticket
through the center, shall not request the operator to remark the operator's
subsurface installations.



(f)  The excavator shall notify the center of
any operator's failure to comply with this section and of the applicable
inquiry identification number.



(g)  This section shall not apply to operators
who comply with section 269E-9(a)(1), (2), or (3). [L 2004, c 141, pt of §1]