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(1) If an operator fails to locate 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 as required by Subsection 54-8a-5(1)(b), the operator who failed to locate its 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 locate its 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 who failed to mark its facility.
(3) Resolution of a dispute under this section may be in accordance with Section 54-8a-13.