[§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, §7; am L 2009, c 72, §3]