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.]