1. (a)

   1. (1) Each operator served with notice in accordance with Section 37-15-4, with underground facilities in the area, shall mark or cause to be marked or otherwise provide the approximate location of the operator’s underground facilities by marking in a manner as prescribed in this section prior to the proposed start of excavation, demolition, or blasting. If any underground facilities become damaged due to an operator furnishing inaccurate information as to the approximate location of the facilities, through no fault of the operator, then the civil liabilities imposed by this chapter do not apply.
   2. (2) In lieu of such marking, the operator may request to be present at the site upon commencement of the excavation, demolition, or blasting.
   3. (3) A member operator that states that it does not have accurate information concerning the exact location of its underground facilities is exempt from the requirements of this section, but shall provide the best available information to the person excavating in order to comply with the requirements of this section. A person excavating is not liable for any damage to an underground facility under the exemption in this subdivision if the excavation or demolition is performed with reasonable care as noted in Section 37-15-8, and the excavator uses detection equipment or other acceptable means to determine the location of the underground facilities.
   4. (4) When an excavator encounters an unmarked underground facility on an excavation site where notice of intent to excavate has been made in accordance with the provisions of Section 37-15-4, and attempts a follow-up or second notice relative to revising the original notice to the One-Call Notification System or the operator, all operators thus notified must attempt to contact the excavator within four hours and provide a response relative to any of their known underground facilities, active or abandoned, at the site of the excavation.
2. (b) When marking the approximate location of underground facilities, the operator shall follow the color code designation in accordance with the latest edition of the American Public Works Association Uniform Color Code.
3. (c) The color code designation referenced in this section shall not be used by any operator or person to mark the boundary or location of any excavation or demolition area. If the excavator elects to mark the proposed excavation or demolition site, the boundary or location shall be identified using white as the identifying color or with natural color wood stakes. White flags or white stakes may have a thin stripe, one inch or less of the designated color code, to indicate the excavator’s proposed type of facility, if applicable.
4. (d) Each operator, upon determining that no underground facility is present on the tract or parcel of land or upon completion of the marking of the location of any underground facilities on the tract or parcel of land, shall provide a positive response with information to the One-Call Notification System in accordance with the procedures developed by the One-Call Notification System.
5. (e) If all operators notified on the locate request have submitted a positive response that indicates a closed or completed response by the operator to the One-Call Notification System prior to the proposed excavation date, the excavator who made the request, upon verifying the closed or completed status in the positive response system, may begin work prior to the proposed date of excavation given, while following all requirements of Section 37-15-8 or other applicable portions of this chapter.
6. (f) After the required notice of excavation is given and the operator has designated the facility as complete or cleared in the positive response system or has otherwise responded in accordance with this section, if the excavator observes or becomes aware of an unmarked underground facility in the area of proposed excavation, the excavator shall not begin excavating until an additional notice is made to the One-Call Notification System. The excavator may begin after the giving of the notice, but shall exercise reasonable care to avoid the underground facility that was observed.
7. (g) Any contract locator acting on behalf of an operator is subject to this section.

(Acts 1994, No. 94-487, p. 911, §6; Act 2014-220, p. 691, §1; Act 2019-407, §1; Act 2026-255, §1.)