WILLIAM DONALD SCHAEFER, Governor

Ch. 208

3. The proposed excavation, by blasting, is not planned in such
proximity to the underground facility that the facility may be disturbed or damaged.

(d)     Obtaining information as required by this section does not excuse any person
or contractor making any excavation from doing so in a careful and prudent manner, nor
shall it excuse any person or contractor from liability for any damage or injury resulting
from the excavation.

(e)     Each person or contractor who intends to perform excavation work in the
State shall:

(1)     Telephone the person identified in subsection (c) of this section, and
notify that person of the intent to perform the proposed excavation at least 48 hours
(excluding Saturdays, Sundays, and legal holidays) but not more than 10 working days
before starting excavation;

(2)     Repeat the notification required in paragraph (1) of this subsection if:
(i) The excavation has not commenced within 10 working days; or
(ii) The excavation will be expanded beyond its original location;

(3)     Exercise due care to avoid interference with or damage to an
underground facility that an owner has marked in accordance with subsection (c) of this
section; and

(4)     Immediately notify the owner of an underground facility if the
contractor discovers or causes any disturbance or damage to that underground facility.

(f)      A person or contractor may not begin excavation prior to the marking
required by this section or notification by each owner, or by the one-call system, that
marking is unnecessary.

(g)     In the event of any damage to or dislocation or disturbance of any
underground facility in connection with any excavation, the person or contractor
responsible for the excavation operations shall immediately notify the owner of the
facility.

(h) If any underground facility is damaged by any person or contractor who has
failed to comply with any provision of this section, that person or contractor shall be
deemed negligent and shall be liable to the owner of the underground facility for the total
cost of the repair.

(i) Any person or contractor who excavates without first giving the notice
required in subsection (e) of this section, and who damages, dislocates or disturbs an
underground facility, shall be deemed negligent and shall be subject to a civil penalty up
to $1,000 for the first offense and $1,000 for each subsequent offense, or ten times the
cost of repairing the damage to the underground facility. Actions to recover the civil
penalties provided for in this section shall be brought either by the owner whose
underground facilities were damaged or by the Attorney General in the name of the

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