40-360.23. Conducting excavation in careful, prudent manner; liability for negligence; notice; obliteration of marks

A. Except as otherwise provided in section 40-360.28, subsection E, obtaining information as required by this article does not excuse any person making any excavation from doing so in a careful and prudent manner, nor shall it excuse such persons from liability for any damage or injury resulting from their negligence.

B. Except as otherwise provided in section 40-360.22, subsection D, after markings have been made pursuant to section 40-360.22, an excavator shall notify either the underground facilities operator or an organization designated by the underground facilities operator if the excavator encounters an underground facility that has not been located and marked or has been marked in the wrong location.

C. An excavator or an underground facilities operator shall not move or obliterate markings made pursuant to this article or fabricate markings in an unmarked location for the purpose of concealing or avoiding liability for a violation of or noncompliance with this article.

D. An excavator may begin excavating after the excavator contacts and receives all of the affected underground facilities owners' responses through the interactive positive response system. An underground facilities operator shall enter all locate status information, including marked, no conflict or delayed into the interactive positive response system within the time required by this article. An underground facilities operator's duty to mark is satisfied by compliance with a large project plan as prescribed in section 40-360.22.

E. Notwithstanding any other law, this article does not supersede or preempt any ordinance, standard, policy, procedure or other requirement of a city or town that relates to excavations.