It shall be the duty of each facility owner or facility operator:

1. (1) To participate in the approved notification center.

2. (2) To give written notice to such approved notification center which shall state all of the following:

   1. a. The name of the facility owner or facility operator.
   2. b. The location of the facility owner’s or facility operator’s lines.
   3. c. The facility owner’s or facility operator’s office address (street, number and political subdivision) and the telephone numbers, email addresses, and points of contact to which inquiries may be directed as to the location of such facilities.
3. (3) To give like written notice within 5 business days after any of the matters stated in the last previous notice shall have changed.
4. (4) To provide positive response to requests from an excavator or facility owner or facility operator who identifies the site of excavation or demolition, or proposed excavation or demolition, for information as to the approximate location and type of the facility owner’s or facility operator’s facilities in the area, not more than 3 business days after receipt of such requests.

5. (5) To inform excavators or facility owners or facility operators who identify the site of excavation or demolition, or proposed excavation or demolition, not more than 3 business days after receipt of a request therefore, of the following:

   1. a. If it is determined by a facility owner or facility operator that a proposed excavation or demolition is planned within 5 feet of a facility as measured in the horizontal plane and that the facility may be damaged, the facility owner or facility operator shall notify the person who proposes to excavate or demolish and shall physically mark the horizontal location of the facility within 24 inches of the facility on the ground by means of stakes, paint, or other suitable means. A facility owner or facility operator shall provide a positive response via the owner/operator/excavator information exchange system upon receipt from the system of a notice of excavation, even if it has no affected facilities at the site. This response shall be made in a manner consistent with the procedures established by the approved notification system.
   2. b. When marking the location of an underground facility, an owner - member shall use the current color codes established by the American Public Works Association (APWA) for marking underground facilities.
6. (6) To respond to requests from designers who identify the site of excavation or demolition for information as to the approximate location and type of the facility owner’s or facility operator’s facilities in the area within 15 business days of receipt of a request. Information that may be provided includes, maps, digital files, GIS data, and plans. Physical markings are at the discretion of the facility owner.
7. (7) Upon receipt of a request pursuant to paragraphs (4), (5), or (6) of this section to assign such request an identifying number (which may be the same as the number assigned by the approved notification center in accordance with § 807(b)(5) of this title), inform the requestor of such number and maintain a record showing the name, address and telephone number of the requestor, the site to which the request pertains and the identifying number assigned to the request.
8. (8) To, where contained on its continuing property records, identify the location of a known facility’s point of connection to its facilities, where the point of connection is not owned or operated by the facility owner or facility operator; however, such identification shall not impose any liability upon the facility owner or facility operator for the accuracy of the other facility’s identification. The facility owner or facility operator shall locate all underground facilities within the State highway rights of way unless maintained by another facility owner or facility operator that is franchised by the Delaware Department of Transportation.
9. (9) To participate in preconstruction meetings for a complex project, if requested.
10. (10) If a facility owner or facility operator fails to become a member of the approved notification center in violation of this act and a facility or facilities of such nonmember facility owner or facility operator are damaged by an excavator by reason of such excavator’s failure to notify the facility owner or facility operator because the facility owner or facility operator was not a member of the approved notification center, such facility owner or facility operator shall have no right of recovery from the excavator of any costs associated with the damage to its facilities. This provision shall not be in limitation of any other rights of the excavator.
11. (11) To assure that persons employed by it (or by contractors doing business for it) to perform facility location shall be trained in applicable locating industry standards and practices.
12. (12) To follow all applicable laws and regulations for installing, maintaining, locating, and recording facilities. This includes the installation of tracer wire or some other means of detection, and an access point within a protective enclosure in the public right-of-way for any newly installed or fully replaced nonmetallic pipes, including gas, water, and wastewater pipes.
13. (13) Except as provided in paragraph (14) of this section, all operators shall provide notification to the Public Service Commission within 15 working days, or as soon as practicable thereafter if notification cannot be provided within 15 days, of any facilities damage caused by excavation which results in “damage” as defined in § 802 of this title exceeding $3,000. Notification shall not be required for facilities damage to abandoned lines. The Public Service Commission may notify the Attorney General’s office of such damage.
14. (14) All underground pipeline facility operators shall provide notification to the Public Service Commission as soon as practicable of any facilities damage caused by excavation which results in “damage” as defined in § 802 of this title to gas distribution and transmission lines, oil and petroleum products distribution and transmission lines, or dangerous materials, product lines or steam lines.

62 Del. Laws, c. 148, § 2; 69 Del. Laws, c. 455, § 1; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 405, § 1; 85 Del. Laws, c. 345, § 1