(1) Damage to an underground facility by an excavator who excavates but fails to comply with Section 54-8a-4, is prima facie evidence that the excavator is liable for any damage caused by the negligence of that excavator.
(2)
(a) An excavator is not liable for a civil penalty under this chapter if the excavator has:
(i) given proper notice of the proposed excavation as required in this chapter;
(ii) marked the area of the proposed excavation as required in Section 54-8a-4;
(iii) complied with Section 54-8a-5.5">54-8a-5.5; and
(iv) complied with Section 54-8a-7.
(b) An excavator is liable for damage incurred by an operator if:
(i) the operator complies with Section 54-8a-5; and
(ii) the damage occurs within the tolerance zone.