§ 37-12-302 — Notices; exceptions; penalty

(a) Every operator shall file with the notification center
a general description of the area served together with the name,
address and telephone number of the person from whom necessary
information may be obtained concerning the location of
underground facilities.
(b) Any person preparing or designing architectural or
engineering design drawings that call for excavation shall
comply with W.S. 37-12-307.
(c) Except as hereafter provided, no excavator shall make
or begin excavation without first notifying the notification
center of the proposed excavation. Notice shall be given by
telephone, e-mail, fax or other electronic medium approved by
the notification center at least two (2) full business days, but
not more than fourteen (14) business days prior to any
excavation to the notification center pursuant to W.S. 37-12-
304. If an excavation on a single project lasts more than
fourteen (14) business days, the excavator shall give notice at
least once each succeeding fourteen (14) business day period.
Notice to the notification center is notice to each member
thereof in the area. Notification of the following information
to the notification center shall be required and shall include
the following:
(i) Name of the person notifying the notification
center;
(ii) Name, address and telephone number of the
excavator;
(iii) Specific location by legal description or other
reliable method that allows for current and accurate means of
identifying geographic locations, and starting date and
description of the intended activity.
(d) An operator shall at its expense, upon receipt of the
notice provided for in subsection (c) of this section, use
reasonable care to mark the location of the underground
facilities with stakes, flags, paint or by other clearly
identifiable marking within twenty-four (24) inches horizontally
from the exterior sides of the operator's underground
facilities. The location shall be marked using American Public
Works Association uniform color standards. If requested by the
excavator, the operator receiving the notice shall advise the
excavator of the nature, location, size, function and depth if
known, of underground facilities in the proposed excavation
area. The operator shall respond no later than two (2) full
business days after receipt of the notice from the notification
center or at a time otherwise mutually agreed to by the operator
and excavator.
(e) Emergency excavations are exempt from the time
constraints of the provisions of subsections (c) and (d) of this
section. If an emergency excavation is undertaken to suppress
wildfires, the excavator shall notify the notification center as
soon as practical. The excavator and operator shall not be
required to mark the area being excavated for wildfire
suppression.
(f) If information required pursuant to subsection (d) of
this section is not provided within the time specified therein,
or if the information provided fails to identify the location of
the underground facilities in accordance with subsection (d) of
this section or when engaging in an emergency excavation, then
any excavator damaging or injuring underground facilities shall
not be liable for such damage or injury except when failing to
utilize reasonable care. However, if information required
pursuant to subsection (d) of this section is provided within
the time specified therein, and if the information provided
sufficiently identifies the location of the underground
facilities in accordance with subsection (d) of this section,
then any excavator damaging or injuring underground facilities
shall be liable for all damage or injury to persons or property.
(g) Compliance with this section does not excuse an
excavator from exercising reasonable care in complying with this
act nor does compliance with this section excuse an excavator
from liability for damage or injury for failure to so act. When
excavating, reasonable care shall require hand digging or soft
digging, as necessary, to protect the underground facility.
(h) When any contact with or damage to any underground
facility occurs, the excavator shall first immediately call a
911 emergency reporting system as defined by W.S. 16-9-
102(a)(iv) and request emergency services if the contacted or
damaged underground facility releases gas or a hazardous liquid.
In all cases the excavator shall immediately notify the operator
of the facility and the notification center, of the location of
and extent of damage to the underground facility and shall
cooperate with the operator of the damaged underground facility
to mitigate the damages incurred to the extent reasonably
possible, including the provision of in-kind work where
technical or special skills are not required according to the
nature of the underground facility. An excavator shall not
conceal or attempt to conceal any dislocation, disturbance or
damage to an underground facility and shall not repair or
attempt to repair the underground facility unless authorized by
the operator of the underground facility. Upon notification of
damage to an underground facility from an excavator, the
operator of the underground facility shall respond to the
notification in a manner reasonably appropriate to the
circumstances. The operator shall file a report with the
notification center describing the response within seventy-two
(72) hours of the initial notification. This requirement of
notification shall not relieve the excavator and the operator
from compliance with any other state or federal notification
obligation. In any dispute concerning the liability for damages
to any underground facility, the excavator shall bear the burden
of proof concerning its use of reasonable care in conducting the
excavation.
(j) Repealed By Laws 2010, Ch. 62, § 3.
(k) Repealed By Laws 2010, Ch. 62, § 3.
(m) Unless an exception in this subsection is applicable,
an excavator shall mark the location of the area or path of
excavation before the arrival of an operator or agent of an
operator to locate their underground facility. The obligations
of an operator specified by W.S. 37-12-302(d) shall not apply
until an excavator has complied with the requirements of this
subsection. Markings may include stakes, flags, marking
whiskers, white paint, signage, electronic white lining on
digital mapping or any other identifiable marking that clearly
marks the location of the area or path of excavation, provided
that any marking used cannot be confused with the accepted
American National Standards Institute Standard Z535.1 safety
color code. An excavator need not premark the location as
required by this section if any of the following apply:
(i) There is only one (1) operator with underground
facilities in the proposed excavation area and the operator or
the operator's agent can determine the location of the area or
path of excavation by street address, lot number, global
positioning system, latitude and longitude coordinates, mapping
or other method agreed to by the excavator and operator;
(ii) The excavator and operator had a meeting at the
proposed excavation area before beginning the proposed
excavation and exchanged the information on the location of the
area or path of excavation as specified in paragraph (i) of this
subsection;
(iii) The proposed excavation is of an emergency
nature;
(iv) A different method of locating or defining the
area or path of excavation has been agreed to by the excavator
and all operators within the proposed excavation area.
(n) An operator of an underground facility that the
operator determines to be within an area of risk may provide to
the county in which the underground facility is located written
notice that includes a description of the underground facility
and the specific location of the underground facility by map,
legal description or other reliable method that allows for a
current and accurate means of identifying the geographic
location of the underground facility. Any notice under this
subsection shall be provided:
(i) Except as specified in paragraph (ii) of this
subsection, not later than June 1, 2020 and then January 31 of
each year thereafter;
(ii) For an operator of a newly installed underground
facility, within sixty (60) days of installation of the
underground facility.