54-8a-6. Duties and liabilities of an excavator. (1)Damage to an underground facility by an excavator who excavates but fails to comply with Section 54-8a-4, is prima facie evidence that the excavator is liable for any damage caused by the negligence of that excavator. (2) (a)An excavator is not liable for a civil penalty under this chapter if the excavator has: (i)given proper notice of the proposed excavation as required in this chapter; (ii)marked the area of the proposed excavation as required in Section 54-8a-4; (iii)complied with Section 54-8a-5.5; and (iv)complied with Section 54-8a-7. (b)An excavator is liable for damage incurred by an operator if: (i)the operator complies with Section 54-8a-5; and (ii)the damage occurs within the tolerance zone.
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