40-360.21. Definitions In this article, unless the context otherwise requires: 1. " Abandoned" means no longer in service and physically disconnected from a portion of the facility, or from any other facility, that is in use or still carries service. 2. " Apartment community" means any real property that has one or more structures and […]
40-360.22. Excavations; determining location of underground facilities; providing information; excavator marking; on-site representative; validity period of markings; liability for misuse of locate requests; detectible underground locating devices; civil penalty A. A person shall not make or begin any excavation in any public street, alley, right-of-way dedicated to the public use or public utility easement or […]
40-360.23. Making excavation in careful, prudent manner; liability for negligence; notice; obliteration of marks A. Except as otherwise provided in section 40-360.28, subsection E, obtaining information as required by this article does not excuse any person making any excavation from doing so in a careful and prudent manner, nor shall it excuse such persons from […]
40-360.24. Notice of damage to underground facility A. In the event of any damage that results in a release from any underground facility that transports natural gas, liquefied petroleum gas, liquefied natural gas, petroleum products or any other hazardous gases or liquids in connection with any excavation, the person responsible for the excavation operations shall […]
40-360.25. Injunction; mandamus A. If any person is engaging in excavation in violation of this article and the violation has resulted in or is likely to result in damage to an underground facility or if any person is proposing to use procedures for excavation in violation of this article that are likely to result in […]
40-360.26. Damage of underground facility; liability to owner; homeowner and tenant exemption A. If any underground facility is damaged by any person in violation of this article as a result of failing to obtain information as to its location, failing to take measures for protection of the facilities or failing to excavate in a careful […]
40-360.27. Liability for attorney fees; administrative costs and expenses The prevailing party in an action brought to impose liability under any section of this article or to have any act or omission stopped and prevented, either by mandamus or injunction, pursuant to section 40-360.25 is entitled to recover reasonable attorney fees. In addition, if the […]
40-360.28. Civil penalty; liability A. Except as provided in section 40-360.22, subsection M, a person who violates any provision of this article is subject to a civil penalty in an amount not to exceed five thousand dollars to be imposed by the court in favor of the state. Any penalties received by the state shall […]
40-360.29. Charters and ordinances of governments not affected; preemption A. Except as provided in subsection B, the provisions of this article shall be cumulative and supplemental to other provisions of law or charter and shall not be construed to prohibit cities and towns from enacting ordinances regulating excavations. B. The legislature finds that notification, location, […]
40-360.30. Installation records of underground facilities A. Except as otherwise provided in this subsection, for all new underground facilities, excluding service drops and service lines, installed after December 31, 1988 in a public street, alley or right-of-way dedicated to the public use or public utility easement, but not including any express or implied private property […]
40-360.31. Routine road maintenance; prior notification A. Prior to performing routine road maintenance grading as defined in section 40-360.21, the state or the political subdivision performing the routine road maintenance grading shall notify every public utility, municipal corporation or other person having the right to bury underground facilities in advance. For the purpose of this […]
40-360.32. One-call notification center membership; termination; designated representatives A. Every landlord, without charge to the landlord, shall file with a one-call notification center the property name, property address, contact name or job title, contact fax number, contact postal mailing address, contact electronic mail address if available, contact telephone number and hours of contact. The landlord […]
