319.050. The provisions of sections 319.025 and 319.026 shall notapply to any excavation when necessary due to an emergency as defined insection 319.015. An excavation may proceed regarding such emergency,provided all reasonable precautions have been taken to protect theunderground facilities. In any such case, the excavator shall givenotification, substantially in compliance with section 319.026, as soon aspractical, and upon being notified that an emergency exists, eachunderground facility owner in the area shall, within two hours afterreceiving such notice, provide markings or contact the excavator with anyinformation immediately available to assist the excavator and shall informthe excavator if not able to mark within the two hours of when theunderground facility will be marked at the site of the emergency. Theexcavator may be liable to the owner or operator for costs directlyassociated with the locating of any such underground facility relating to anotification of an emergency that does not meet the definition of emergencyas stated in section 319.015.
(L. 1976 S.B. 583 ยง 9, A.L. 1991 S.B. 214 & 264, A.L. 2001 H.B. 425, A.L. 2008 H.B. 1779)Effective 1-01-09