(1) If an operator fails to mark a facility as required by this chapter and an excavator damages another operator's facility of a similar size and appearance that fits surface markings, the operator who failed to mark the operator's own facility is liable for the costs of damage to the facility caused by the excavator if:
(a) the excavator complies with Sections 54-8a-4, 54-8a-5.5, and 54-8a-6; and
(b) the excavator demonstrates that the damage is the direct result of the operator's failure to mark the operator's own facility.
(2) An excavator who damages a third-party operator's facility as described in Subsection (1):
(a) shall pay for the costs of repairing the damaged facility; and
(b) may seek recovery of the costs of damage from the operator that failed to mark the operator's own facility.
(3) Resolution of a dispute under this section may be in accordance with Section 54-8a-13.