[§269E-9]  Identification of subsurface
installations by operator.  (a)  Any operator who receives timely
notification from the center of any proposed excavation work pursuant to
section 269E-7(b) shall within five working days of that notification or before
the start of the excavation work, whichever is later, or at a later time
mutually agreeable to the operator and the excavator:



(1)  Advise the excavator that the operator does not
operate any subsurface installations that may be affected by the excavation;



(2)  Advise the excavator of the approximate location
of the operator's subsurface installations that may be affected by the
excavation to the extent and degree of accuracy that the information is
available in the records of the operator;



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



(4)  Locate and field mark in conformance with the
American Public Works Association Uniform Color Code the approximate location
and the number of subsurface installations that may be affected by the
excavation to the extent and degree of accuracy that the information is
available as determined through the use of standard locating techniques or
based on the records of the operator.



The operator shall promptly notify the center when
the operator has fulfilled the requirements of this section.  After receiving
this notification from all affected operators, the center shall promptly
provide notice to the excavator that all affected operators have fulfilled the
requirements of this section.



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