(a) An excavator must not make or begin any excavation until the excavator:
(1) Notifies every public service company with underground facilities in the area of the proposed excavation of the excavator's intent to excavate; and
(2) Obtains permission to excavate under this section.
(b) An excavator must notify each applicable public service company not more than ten (10) days before starting to excavate, but at least forty-eight (48) hours before starting to excavate. Saturdays, Sundays and legal holidays are excluded from these times. The excavator may notify a company by telephone.
(c) Where a one-telephone-number utility notification system operates, an excavator may notify the one-telephone-number utility notification system within the time limits in subsection (b). An excavator must find out which public service companies participate in such a system, and in which geographic areas.
(d) If a one-telephone-number utility notification system issues an identification number for a proposed excavation after it is notified, the excavator must make this identification number available at the proposed excavation site to any public official and any public service company representative who requests the number.
(e) An excavator must, in notifying a public service company, provide the following information:
(1) The name and telephone number of the excavator.
(2) The name of the person for whom the proposed work is being done.
(3) The date and approximate time the work is to start.
(4) The location of proposed work.
(5) The type of work to be done.
(6) Any other special remarks or instructions.
(f) Before an excavator can start any excavation, each public service company that is notified of the proposed excavation under this section must:
(1) a. Horizontally locate and mark all of its underground facilities at the site to within three (3) feet on either side of the underground facility; and
b. Notify the excavator at least one (1) hour before the proposed excavation is scheduled to start that all of its facilities have been marked; or
(2) Notify the excavator that the proposed excavation will not affect its underground facilities.
(g) If the public service company cannot mark the location of its underground facilities at least one (1) hour before the proposed excavation is scheduled to start, the public service company must notify the excavator of the date and time when the underground facilities will be marked. This date must not be more than three (3) working days after the original date scheduled for the excavation; unless the excavator and the public service company agree to a longer time.
(h) Any marking system indicating the horizontal location of a public service company's facilities must be consistent with the American Public Works Association Uniform Color Code.
(i) To expedite the horizontal location of utility lines, each public service company must:
(1) Provide locating services to mark all facilities, including house service laterals, affected by the excavation;
(2) Give requesting design engineers or excavators approximate horizontal location data, excluding house service laterals, of its principal underground facilities. A design engineer or excavator must submit a request for location data not more than thirty (30) nor less than ten (10) days before an excavation is scheduled to start. Each request must be accompanied by two (2) copies of each site drawing or site plan that shows where excavation is proposed, if the site plan or drawing is usually required by any agency of the county or the municipality in which the site is located. The public service company must retain one (1) copy of each site drawing or plan and return the other copy to the requester; and
(3) Allow another public service company or person to horizontally locate its facilities if the public service company has authorized it in writing. (1988 L.M.C., ch. 40, § 1.)