Section 6-83-80 - Notification; procedures(a) If necessary to respond to an emergency situation, an excavator may begin an excavation without notifying the center prior to beginning emergency excavation as required by chapter 269E, HRS, and these rules, but shall call 911 immediately, and notify the center at the earliest practicable moment under the circumstances.(b) In notifying the center of excavation or intent to excavate in an emergency situation, the excavator shall specifically identify the dangerous condition involved.(c) While an excavator who excavates in an emergency situation shall not be liable on that basis for a failure to notify the one call center as required by section 269E-7, HRS, and as provided in subsection (a), nothing in this section shall relieve the excavator from liability if:(1) The excavator damages an underground facility which has been properly marked or which has not been marked; and(2) The excavation does not qualify as an emergency excavation.(d) No excavator shall indicate to the notification center or to an operator that an event constitutes an emergency situation unless the excavator believes in good faith that the circumstances do constitute an emergency situation that demands immediate action to prevent or mitigate loss of or damage to life, health, property, or essential public services. [Eff JAN 23 2012] (Auth: HRS § 269E-3) (Imp: HRS § 269E-3)