69-4-503. Notification -- marking. (1) At least 2 but not more than 10 business days before beginning any excavation, the excavator shall notify, through a one-call notification center, all owners of underground facilities in the area of the proposed excavation of the scheduled commencement of the excavation. If a one-call notification center service is not available, notice must be provided individually to the owners of underground facilities within the area of the proposed excavation.
     (2) Upon receipt of the notice provided for in this section, the owner of the underground facility shall provide the excavator with reasonably accurate information as to the owner's locatable underground facilities by surface marking the location of the facilities. If there are identified but unlocatable underground facilities, the owner of the facilities shall provide the excavator with the best available information as to their locations. Excavators may not excavate until all known facilities have been marked. Once the facilities are marked by the facility owner, the excavator is responsible for maintaining the markings.
     (3) Upon receipt of notice from the excavator, the facility owner shall respond within 2 business days by marking the facility. An excavator may not begin excavating before the marking is complete or before he is notified that marking is unnecessary.
     (4) A facility owner may request the excavator to mark the area to be excavated. If an excavator discovers an unmarked underground facility, the excavator shall stop excavating in the vicinity of the facility and notify the facility owner or the one-call notification center.

     History: En. Sec. 3, Ch. 180, L. 1971; R.C.M. 1947, 32-4803(part); amd. Sec. 1, Ch. 43, L. 1983; amd. Sec. 3, Ch. 286, L. 1991.