[§269E-9]  Identification of subsurfaceinstallations by operator.  (a)  Any operator who receives timelynotification from the center of any proposed excavation work pursuant tosection 269E-7(b) shall within five working days of that notification or beforethe start of the excavation work, whichever is later, or at a later timemutually agreeable to the operator and the excavator:

(1)  Advise the excavator that the operator does notoperate any subsurface installations that may be affected by the excavation;

(2)  Advise the excavator of the approximate locationof the operator's subsurface installations that may be affected by theexcavation to the extent and degree of accuracy that the information isavailable in the records of the operator;

(3)  Make available to the excavator, for inspectionand copying at the excavator's expense, information in that specific operator'sor agency's records on the approximate location of that specific operator's oragency's subsurface installations that may be affected by the excavation to theextent and degree of accuracy that the information is available in thatspecific operator's or agency's records; or

(4)  Locate and field mark in conformance with theAmerican Public Works Association Uniform Color Code the approximate locationand the number of subsurface installations that may be affected by theexcavation to the extent and degree of accuracy that the information isavailable as determined through the use of standard locating techniques orbased on the records of the operator.

The operator shall promptly notify the center whenthe operator has fulfilled the requirements of this section.  After receivingthis notification from all affected operators, the center shall promptlyprovide notice to the excavator that all affected operators have fulfilled therequirements of this section.

(b)  The excavator shall notify the center ofany operator's failure to comply with this section and of the applicableinquiry identification number. [L 2004, c 141, pt of §1]