An operator shall, upon receipt of the notice, advise the excavator of the location of underground facilities in the proposed excavation area by marking the location of the facilities with stakes, flags, paint, or other clearly identifiable markings within eighteen inches horizontally from the exterior sides of the underground facilities. The board shall promulgate rules, pursuant to chapter 1-26 , to establish the response time for operators to mark the underground facilities. The operator's response time must be within one of the following periods, whichever is later: (1) The forty-eight-hour period beginning at 12:01 a.m. the day after notice is received; or (2) The period between notice being given and the excavation start time provided by the excavator. The forty-eight-hour period does not include Saturdays, Sundays, or legal holidays of the state. The response time may be less than the forty-eight-hour period for emergency or subsequent inquiries to the original locate request, and may be longer than the forty-eight-hour period for nonexcavation requests. Excavators shall maintain a minimum horizontal clearance of eighteen inches between a marked underground facility and the cutting edge of any mechanical equipment. If excavation is required within eighteen inches, horizontally, the excavator must expose the facility with hand tools or noninvasive methods approved pursuant to rule, and protect and support the facility prior to further excavation with mechanical equipment.
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