Violation of RCW 19.122.090 — Affirmative defense.

RCW 19.122.100
in effect
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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 an 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. 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 an 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.
Source: WA Statutes (Official Site)URL: https://app.leg.wa.gov/RCW/default.aspx?cite=19.122&full=trueFetched: 6/29/2026

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