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[Utah Code Table of Contents]
[TITLE 54. Table of Contents]
54-8a-2 Definitions.
As used in this chapter:
(1) "Association" means two or more operators organized to receive notification of excavation activities in a specified area, as provided by Section 54-8a-9 .
(2) "Emergency" means an occurrence necessitating immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.
(3) "Excavate" or "excavation" means an operation in which earth, rock, or other material on or below the ground is moved or displaced by tools, equipment, or explosives.
(4) "Excavator" means any person or entity that excavates or conducts excavation activities.
(5) "48 hours" means a 48-hour period occurring during business days which includes any day except Saturday, Sunday, or a legal holiday.
(6) "Location request assignment" means a number assigned to a proposed excavation by an association or operator upon receiving notice of the proposed excavation from the excavator.
(7) (a) "Operator" means a person or entity which owns, operates, or maintains underground facilities.
(b) "Operator" does not include an owner of real property where underground facilities are:
(i) located solely within the property;
(ii) used exclusively to furnish services on the property; and
(iii) maintained under the operation and control of that owner.
(8) "Person" includes individuals, government entities, corporations, partnerships, associations, and companies and their trustees, receivers, assignees, and personal representatives.
(9) "Underground facility" means personal property that is buried or placed below ground level for use in the storage or conveyance of any of the following:
(a) water;
(b) sewage;
(c) communications, including electronic, photonic, telephonic, or telegraphic communications;
(d) television, cable television, or other telecommunication signals, including transmission to subscribers of video or other programming;
(e) electric power;
(f) oil, gas, or other fluid and gaseous substances;
(g) steam;
(h) slurry; or
(i) dangerous materials or products.
1998
54-8a-3 Information filed with county clerk.
(1) An operator shall file with the county clerk of a county in which the operator has underground facilities the following:
(a) the name of each municipality, city, or town in which the operator has underground facilities within that county;
(b) the operator's name; and
(c) the title, telephone number, and address of the operator's representative designated to receive calls regarding excavation.
(2) In counties where an association is established, the
association shall file its telephone number with the county
clerk on behalf of all participating operators.
1993
54-8a-4 Notice of excavation.
(1) (a) Before excavating, an excavator shall notify each operator with underground facilities in the area of the proposed excavation.
(b) The requirements of Subsection (1)(a) do not apply:
(i) if there is an emergency;
(ii) while gardening; or
(iii) while tilling private ground.
(2) The notice required by Subsection (1) shall:
(a) be given:
(i) by telephone;
(ii) in person; or
(iii) by other means acceptable to each operator;
(b) be given not:
(i) less than 48 hours before excavation begins; or
(ii) more than seven days before excavation begins; and
(c) include the proposed excavation's anticipated:
(i) location;
(ii) dimensions;
(iii) type; and
(iv) duration.
(3) If the proposed excavation's anticipated location and dimensions cannot be described as required under Subsection (2)(c), an excavator shall mark the proposed excavation site in white.
(4) If there is an association in the county, notice to that association constitutes notice to each operator in the county.
(5) If an excavation on a single project lasts more than 14 days, the excavator shall give notice at least once each additional 14-day period.
(6) If markings made by the operator have been disturbed so that the markings no longer identify the underground facilities:
(a) before excavating the site an excavator shall notify:
(i) the association; or
(ii) each operator; and
(b) the operator shall mark the area again within 48 hours of the renotification.
(7) An excavator may begin excavation if:
(a) (i) all underground facilities have been:
(A) located; and
(B) marked; or
(ii) the operators have indicated that there are no underground facilities within the proposed excavation site;
(b) (i) 48 hours have elapsed from the time of initial notice; and
(ii) the excavator has not:
(A) been notified by the operator; or
(B) received a request for a meeting under Subsection 54-8a-5 (2); or
(c) 48 hours have elapsed from the time of renotification under Subsection (6).
(8) Unless an operator remarks an area pursuant to Subsection
(6), the excavator shall be responsible for the costs incurred
by an operator to remark its underground facilities following
the second or subsequent notice given by an excavator for
a proposed excavation designated by the same location request
assignment.
2001
54-8a-5 Marking of underground facilities.
(1) (a) Within 48 hours of the receipt of the notice required by Section 54-8a-4 , the operator shall:
(i) mark the location of its underground facilities in the area of the proposed excavation; or
(ii) notify the excavator that the operator does not have any underground facilities in the area of the proposed excavation.
(b) The underground facilities shall be marked with stakes, paint, or in some other customary way, indicating, at the option of the operator, either:
(i) the approximate centerline of the underground facility; or
(ii) the approximate outside dimensions of both sides of the underground facility.
(2) (a) The operator is not required to mark the underground facilities within 48 hours if:
(i) the proposed excavation:
(A) is not clearly described by a street address or description and is not marked as provided in Subsection 54-8a-4 (3);
(B) is located in a remote area;
(C) is an extensive excavation; or
(D) presents other constraints that make it unreasonably difficult for the operator to comply with the marking requirements of this section; or
(ii) the operator is not able to readily locate the underground facilities from the surface with standard underground detection devices.
(b) If the operator cannot proceed with the marking because of a situation described in Subsection (2)(a), the operator shall contact the excavator within 48 hours and request a meeting at the proposed excavation site or some other mutually agreed upon location.
(c) For the situations described under Subsections (2)(a)(i)(A) and (2)(a)(i)(B), the meeting will constitute the beginning of a new 48-hour period within which the operator must mark the underground facilities.
(d) For the situations described under Subsections (2)(a)(i)(C) and (2)(a)(i)(D), the meeting will constitute the beginning of a new 48-hour period within which the operator must begin marking the underground facilities.
(e) For the situation described under Subsection (2)(a)(ii), the excavator and operator shall agree on a plan of excavation designed to prevent damage to the operator's underground facilities. Notwithstanding the agreement, the excavator shall proceed in a manner that is reasonably calculated to avoid damage to the underground facilities.
(3) The markings required by this section shall conform to the following color code for each type of installation:
(a) safety red - electric power;
(b) safety yellow - gas, oil, a dangerous material or product, or steam;
(c) safety orange - communications or cable television;
(d) safety blue - water or slurry; and
(e) safety green - sewer.
(4) Each marking is valid for not more than 14 calendar days from the date notice is given.
(5) If multiple lines exist:
(a) the markings must indicate the number of lines; or
(b) all lines must be marked.
1998
54-8a-5.5 Location with hand tools.
(1) An excavator may not use any power-operated or power-driven excavating or boring equipment within 24 inches of the markings made in accordance with Section 54-8a-5 before the excavator has determined the exact location of the underground facilities by excavating with hand tools.
(2) Power-operated or power-driven excavating or boring equipment may be used for the removal of any existing pavement if there are no underground facilities contained in the pavement.
(3) The excavator may use power-operated or power-driven
excavating or boring equipment to a depth agreed upon by
the operator.
1996
54-8a-6 Duties and liabilities of the person who excavates.
(1) Damage to an underground facility by an excavator who excavates but fails to comply with Section 54-8a-4 , is prima facie evidence that the excavator is liable for any damage caused by the negligence of that excavator.
(2) (a) An excavator is not liable for damage to an underground facility if he or she has:
(i) given proper notice of the proposed excavation as required in this chapter;
(ii) marked the area of the proposed excavation as required in Section 54-8a-4 ;
(iii) complied with Section 54-8a-5.5 ; and
(iv) complied with Section 54-8a-7 .
(b) An excavator is not liable for damage to an underground
facility if an operator has failed to comply with Section
54-8a-5
or
54-8a-9
.
1998
54-8a-7 Notice of damage - Repairs.
(1) If an excavator contacts or damages an underground facility, the excavator shall immediately notify the appropriate operator and then proceed in a manner that is reasonably calculated to avoid further damage to the underground facility.
(2) Upon receipt of notice, the operator shall immediately
examine the underground facility, and, if necessary, make
repairs.
2001
54-8a-8 Civil penalty for damage - Action by excavator, operator, or county attorney - Exceptions - Remedies supplemental.
(1) (a) An excavator or operator who negligently violates this chapter is subject to a civil penalty in the amount of $500 for each violation, not to exceed $5,000 total penalty.
(b) An excavator or operator who knowingly and willfully violates any of the provisions of this chapter is subject to a civil penalty in an amount of $1,000 for each violation, not to exceed $25,000 total penalty.
(2) (a) Actions to recover the civil penalties under this section shall be brought by:
(i) the excavator;
(ii) the operator whose underground facilities are damaged; or
(iii) the county attorney of the county in which the damage occurs.
(b) In an action brought under this section, the prevailing party shall be awarded its costs and attorney's fees as determined by the court.
(c) All penalties recovered from the action shall be paid into the General Fund.
(3) Subsection (1) does not apply to an excavation made:
(a) during an emergency, if reasonable precautions are taken to protect underground facilities;
(b) in agricultural operations;
(c) for the purpose of finding or extracting natural resources; or
(d) with hand tools on property owned or occupied by the excavator.
(4) (a) The civil penalties in this section are in addition to any damages that an operator or an excavator may seek to recover.
(b) In an action brought under this section, the prevailing
party shall be awarded its costs and attorney's fees as determined
by the court.
2001
54-8a-8.5 Alternative dispute resolution.
(1) An association formed under Section 54-8a-9 shall make available an alternative dispute resolution program to resolve disputes arising from damage to underground facilities between:
(a) an operator;
(b) an owner;
(c) an excavator; or
(d) other interested party.
(2) The alternative dispute program created under this section is in addition to the ability of a party to bring a civil action under Section 54-8a-8 .
(3) The alternative dispute resolution program shall:
(a) include mediation and arbitration;
(b) require that one or more appointed mediators or arbitrators decide:
(i) the issue of liability for any reimbursement; and
(ii) the amount of reimbursement; and
(c) shall be consistent with Title 78, Chapter 31a, Utah Uniform Arbitration Act.
(4) Nothing in this section shall be construed to change
the basis for civil liability for damages.
2004
54-8a-9 Association for mutual receipt of notice of excavation activities.
(1) (a) (i) Two or more operators may form and operate a statewide association providing for mutual receipt of notice of excavation activities.
(ii) If an association is operational, notice to the association shall be given pursuant to Section 54-8a-4 .
(b) (i) If an association is formed, each operator with underground facilities in the area shall become a member of the association or participate in it to:
(A) receive a notice of a proposed excavation submitted to the association;
(B) receive the services furnished by it; and
(C) pay its share of the cost for the service furnished.
(ii) If an operator does not comply with Subsection (b)(i), he is liable for damages incurred by an excavator who has complied with the requirements under this chapter.
(c) An association whose members or participants have underground facilities within a county shall:
(i) file a description of the geographical area served by the association; and
(ii) file the name and address of every member and participating operator with the county clerk.
(2) An association receiving notice as provided in Subsection 54-8a-4 (1) shall:
(a) notify members and participants in the relevant geographic area within 24 hours after receiving notice from the person who proposes to excavate; and
(b) maintain a record of notices received to document
compliance with the requirements of this chapter.
1993
54-8a-9.5 Inspection of records.
The books and records of an association shall be open
to inspection by its members during normal business hours
upon 48 hours advance notice.
1998
54-8a-10 Installation of fiberoptic or other nonmetallic facilities.
Any operator utilizing a fiberoptic or other nonmetallic
facility shall install the fiberoptic or other nonmetallic
facility so that it can be located with standard underground
facility detection devices or in a concrete conduit system.
1993
54-8a-11 Applicability of federal law.
The following persons or entities are subject to the provisions of Title 49, Code of Federal Regulations, Part 198, Regulations for Grants to Aid State Pipeline Safety Programs, including those provisions relating to damage to underground facilities:
(1) an operator, to the extent subject to the Natural Gas Pipeline Safety Act of 1968, 49 U.S. Code 1671 et seq. or the Hazardous Liquid Pipeline Safety Act of 1979, 49 App. U.S.C. 2001 et seq.;
(2) an excavator; and
(3) a person who operates an association.
1993
