2012 Revised Code of Washington
Title 19 - BUSINESS REGULATIONS — MISCELLANEOUS
19.122 Underground utilities.
19.122.100 Violation of RCW 19.122.090 -- Affirmative defense.

RCW 19.122.100 Violation of RCW 19.122.090 — Affirmative defense. (Effective until January 1, 2013.)

If charged with a violation of RCW 19.122.090, an operator will be deemed to have established an affirmative defense to such charges if:

     (1) The operator was provided a valid excavation confirmation code;

     (2) The excavation was performed in an emergency situation;

     (3) The operator was provided a false confirmation code by an identifiable third party; or

     (4) Notice of the excavation was not required under this chapter.

[2005 c 448 § 6.]

     

RCW 19.122.100

Violation of RCW 19.122.090 — Affirmative defense. (Effective January 1, 2013.)

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.