2844                                                 LAWS OF MARYLAND                          [Ch. 863

OR DISTURBED, THE PUBLIC SERVICE COMPANY SHALL NOTIFY THE
PERSON WHO PROPOSES TO EXCAVATE AND SHALL MARK THE
HORIZONTAL LOCATION OF THE UNDERGROUND FACILITY ON THE
GROUND TO WITHIN THREE FEET ON EITHER SIDE OF THE
UNDERGROUND FACILITY BY MEANS OF STAKES, PAINT, OR OTHER
SUITABLE MEANS WITHIN TWO BUSINESS DAYS AFTER THE
REQUEST. IN THE CASE OF EXTRAORDINARY CIRCUMSTANCES, IF
THE PUBLIC SERVICE COMPANY CANNOT MARK THE LOCATION
WITHIN TWO BUSINESS DAYS, THE COMPANY SHALL NOTIFY THE
PERSON WHO PROPOSES TO EXCAVATE AND SHALL, IN ADDITION,
NOTIFY THE PERSON OF THE DATE AND TIME WHEN THE LOCATION
WILL BE MARKED.

(4)    IF THE PUBLIC SERVICE COMPANY HAS NO
UNDERGROUND FACILITY IN THE AREA OF THE PROPOSED
EXCAVATION OR IF IT IS DETERMINED THAT A PROPOSED
EXCAVATION, [[EXCEPT AN EXCAVATION BY BLASTING,]] IS NOT
PLANNED WITHIN FIVE FEET OF AN UNDERGROUND FACILITY AS
MEASURED IN THE HORIZONTAL PLANE, [[OR]] AND IF A
PROPOSED EXCAVATION, BY BLASTING OR OTHER MEANS. IS NOT
PLANNED IN SUCH PROXIMITY TO THE PUBLIC SERVICE COMPANY'S
UNDERGROUND FACILITY THAT THE FACILITY MAY BE DAMAGED,
THE PUBLIC SERVICE COMPANY SHALL ADVISE THE PERSON WHO
PROPOSES TO EXCAVATE THAT MARKING IS UNNECESSARY. [[AND
AND THAT THE PERSON MAY THEREFORE BEGIN THE EXCAVATION.]]

(5)    NO PERSON SHALL BEGIN EXCAVATION PRIOR
TO THE MARKING REQUIRED BY THIS SECTION OR NOTIFICATION
BY EACH AND EVERY PUBLIC SERVICE COMPANY, OR BY THE
ONE-NUMBER UTILITY PROTECTION SYSTEM, THAT MARKING IS

UNNECESSARY.

(D)    OBTAINING INFORMATION AS REQUIRED BY THIS
SECTION DOES NOT EXCUSE ANY PERSON MAKING ANY EXCAVATION
FROM DOING SO IN A CAREFUL AND PRUDENT MANNER, NOR SHALL
IT EXCUSE ANY PERSON FROM LIABILITY FOR ANY DAMAGE OR
INJURY RESULTING FROM THE EXCAVATION.

(E)    IN THE EVENT OF ANY DAMAGE TO OR DISLOCATION
OR DISTURBANCE OF ANY UNDERGROUND FACILITY IN CONNECTION
WITH ANY EXCAVATION, THE PERSON RESPONSIBLE FOR THE
EXCAVATION OPERATIONS SHALL IMMEDIATELY NOTIFY THE OWNER
OF THE FACILITY.

(F)    IF ANY UNDERGROUND FACILITY IS DAMAGED BY ANY
PERSON WHO HAS FAILED TO COMPLY WITH ANY PROVISION OF
THIS SECTION, THAT PERSON SHALL BE DEEMED NEGLIGENT AND
SHALL BE LIABLE TO THE OWNER OF THE UNDERGROUND FACILITY
FOR THE TOTAL COST OF THE REPAIR.

(G)    ANY PERSON WHO EXCAVATES WITHOUT FIRST
NOTIFYING THE APPROPRIATE PUBLIC SERVICE COMPANIES AND
OBTAINING INFORMATION CONCERNING THE LOCATION OF
UNDERGROUND FACILITIES, AS REQUIRED BY THIS SECTION, AND