1. 1. Every person owning or operating an underground facility to whom notice of intent to excavate is required to be given hereunder through a notification center or directly shall, upon receipt of such notice as provided herein from a person intending to commence an excavation, inform the excavator as promptly as practical, but not in excess of two working days from receipt of the notice, unless otherwise mutually agreed, of the approximate location of underground facilities in or near the area of the excavation so as to enable the person engaged in the excavation work to locate the facilities in advance of and during the excavation work. If the excavator states in the notice of intent to excavate that the excavation will involve tunneling or horizontal boring, the owner or operator shall inform the excavator of the depth, to the best of his knowledge or ability, of the facility according to the records of the owner or operator. The owner or operator shall provide the approximate location of underground facilities by use of marking or any other usual and customary means of providing the approximate location. Upon agreement of the excavator and the owner or operator of the underground facility, location may be provided by an alternative means such as an on-site meeting or other conference between representatives of the excavator and the owner or operator. If the owner or operator determines that marking is not feasible due to terrain or other physical conditions at the site, he shall notify the excavator that marking cannot be used and advise the excavator of another means of location which will be used. If location is not marked, the excavator may request additional information in locating the facility if needed to avoid damage to the facility and the same shall be provided by the owner or operator within twenty-four hours of such request. If stakes are used, staking shall be consistent with the color code and other standards for ground markings. Persons representing the excavator and the owner or operator shall meet on the site of excavation within forty-eight hours of a request by either person for such meeting for the purpose of clarifying ground markings, or upon agreement of the excavator and owner or operator, such meeting may be an alternate means of providing the location of facilities. If upon receipt of a notice of intent to excavate, an owner or operator determines that no underground facilities are located in or near the area of excavation, the owner or operator shall within two working days after receipt of the notice, inform the excavator that no facilities are located in the area. A record of the date and means of informing the excavator that no facilities were located by the owner or operator, shall be included in the written records required by subsection 3 of section 319.026.
2. 2. Owners and operators of underground facilities who are represented by a notification center according to the current list of the recorder of deeds shall be relieved of the responsibility to respond to notices of intent to excavate received directly from the person intending to commence an excavation, except for requests for clarification of ground markings through on-site meetings and requests for locations at the time of an emergency as provided by section 319.050.
3. 3. In the event that a person owning or operating an underground facility fails to comply with the provisions of subsection 1 of this section after notice given by an excavator in compliance with section 319.026, the excavator, prior to commencing the excavation, shall directly contact the appropriate owners or operators of underground facilities to obtain location information or special instructions for proceeding with the excavation at that location. If, after the receipt of the direct contact by the excavator, the owner or operator of an underground facility fails to provide the excavator with location information or special instructions during the next working day, the excavator may commence the excavation. Nothing in this subsection shall excuse the excavator from exercising the degree of care in making the excavation as is otherwise required by law.

(L. 1976 S.B. 583 § 5, A.L. 1991 S.B. 214 & 264)