Section 19.122.100 - Violation of RCW 19.122.090-Affirmative defenseIf 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.Amended by 2011 c 263,§ 16, eff. 1/1/2013.Report-Effective date- 2011 c 263 : See notes following RCW 19.122.010.