RCW 19.122.100
Violation of RCW 19.122.090—Affirmative defense.
If charged with a violation of RCW 19.122.090, an equipment operator is deemed to have established an affirmative defense to such charges if:
(1) The equipment operator was provided a valid excavation confirmation code;
(2) The excavation was performed in an emergency situation;
(3) The equipment operator was provided a false confirmation code by an identifiable third party; or
(4) Notice of the excavation was not required under this chapter.
[ 2011 c 263 § 16; 2005 c 448 § 6.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
Structure Revised Code of Washington
Title 19 - Business Regulations—Miscellaneous
Chapter 19.122 - Underground Utilities.
19.122.027 - One-number locator services—Single statewide toll-free telephone number.
19.122.030 - Excavator and facility operator duties before excavation.
19.122.031 - Exempted activities.
19.122.033 - Notice of excavation to pipeline companies.
19.122.045 - Exemption from liability.
19.122.053 - Report of damage to underground facility.
19.122.055 - Failure to notify one-number locator service—Civil penalty, if damages.
19.122.070 - Civil penalties—Treble damages—Existing remedies not affected.
19.122.075 - Damage or removal of permanent marking—Civil penalty.
19.122.080 - Waiver of notification and marking requirements.
19.122.090 - Excavation without a valid excavation confirmation code—Penalty.
19.122.100 - Violation of RCW 19.122.090—Affirmative defense.
19.122.110 - False excavation confirmation code—Penalty.
19.122.120 - One-number locator service to provide excavation confirmation code.
19.122.150 - Commission authority—Violations of chapter—Imposition of penalties.
19.122.160 - Damage prevention account.
19.122.170 - Damage prevention account—Use of funds.
19.122.180 - Damage prevention account—Deposit of penalties.