[§269E-12]  Excavation procedures.  (a) The excavator shall exercise reasonable care when excavating in the vicinity ofa subsurface installation.

(b)  Before using any power-operated orpower-driven excavating equipment, the excavator shall determine the exactlocation of subsurface installations in conflict with the excavation by firstexcavating down to the depth of the excavation with the appropriate hand toolswithin the area of the approximate location of the subsurface installations;provided that power-operated or power-driven excavating may be used:

(1)  For the removal of any existing pavement if thereare no subsurface installations contained in the pavement; or

(2)  Within the approximate location of a subsurfaceinstallation by mutual agreement between the operator and the excavator.

(c)  If after making every reasonable effort tolocate the subsurface installation, the excavator cannot determine the exactlocation by hand excavation as set forth in subsection (b), the excavator shallrequest that the operator provide additional information through the center tolocate the subsurface installation.  The operator, within two working days,shall provide any information that is available to the operator to aid theexcavator in determining the exact location.

(d)  If after making every reasonable effort tolocate the subsurface installation with the additional information providedpursuant to subsection (c) the excavator still cannot determine the exactlocation of the subsurface installation by hand excavation, the excavator shallnotify the center.  The center shall then:

(1)  Require the operator to determine the exactlocation of the operator's subsurface installation with appropriate hand tools;or

(2)  Allow the excavator to use powered equipment tocontinue the excavation, with or without on-site supervision by the operator;provided that this subsection shall not be construed as affording the excavatorany immunity or protection from claims for damages or injuries relating to theexcavation.

(e)  Each excavator responsible for anyexcavation that results in contact with, exposure of, or damage to a subsurfaceinstallation, before continuing excavation in the immediate area of thesubsurface installation shall:

(1)  Immediately notify the operator of the locationand nature of the damage and undertake any reasonable measures as requested bythe operator; and

(2)  Allow reasonable time, consistent with industrypractice, for any necessary repairs to be made to the subsurface installation.

(f)  If the damage to a subsurface installationcreates an emergency situation, the excavator shall:

(1)  Immediately notify the enhanced 911 emergencyservice and the operator of the facility; and

(2)  Minimize the hazard until the arrival of theenhanced 911 emergency service authority or the operator. [L 2004, c 141, pt of§1]