Section 37-15-1 Purpose and intent. The purpose of this chapter is to safeguard against injury and loss of life due to excavation or demolition and to protect underground facilities from costly damage and the interruption of utility or other services to the general public. (Acts 1994, No. 94-487, p. 911, §1.)
Section 37-15-10 Penalties. (a) Any person who violates this chapter, or the rules adopted under this chapter, shall be subject to a civil penalty as follows: (1) For a first violation, the violator shall complete a course of training concerning compliance with this chapter or pay a civil penalty in an amount not to exceed […]
Section 37-15-10.1 Underground Damage Prevention Authority. (a) The Underground Damage Prevention Authority is created for the purpose of enforcing this chapter and for reviewing penalty provisions and the adequacy of the enforcement process. It is the intent of the Legislature that the authority and its enforcement activities not be funded by appropriations from the state […]
Section 37-15-10.2 Violations; complaints; dispute and hearing; judicial review. (a) Any person who violates this chapter may be reported to the authority for the alleged violation. (b) The board shall develop and implement a process for the receipt of a complaint of a violation of this chapter. The complaint must be made no later than […]
Section 37-15-11 Liberal construction. The provisions of this chapter shall be liberally construed as to effectuate the purposes of this chapter and the operation of a “One-Call Notification System.” (Acts 1994, No. 94-487, p. 911, §11.)
Section 37-15-2 Definitions. As used in this chapter the following words have the following meanings: (1) APPROXIMATE LOCATION OF UNDERGROUND FACILITIES. Information about an operator’s underground facilities which is provided to a person by an operator and must be accurate to within 18 inches measured horizontally from the outside edge of each side of such […]
Section 37-15-3 Prohibition. No person shall excavate in a street, highway, public easement, private easement, or implied easement of an operator, or on property of an operator, or conduct blasting operations, or perform demolition activities in the near proximity of an operator’s underground facility without first having ascertained, in the manner prescribed in Sections 37-15-4 […]
Section 37-15-4 Notice of intent to excavate or demolish. (a) A permit issued pursuant to law authorizing excavation or demolition operations shall not be deemed to relieve a person from the responsibility for complying with this chapter. Any public agency issuing such permit shall notify the person receiving the permit of the notification requirements of […]
Section 37-15-4.1 Design or survey locate requests. THIS SECTION WAS AMENDED BY ACT 2019-407 IN THE 2019 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Any person may submit a design or survey locate request to the One-Call Notification System. The design or survey locate request shall describe […]
Section 37-15-5 Underground damage prevention program. (a) Until January 1, 2027: (1) Operators who have underground facilities within this state shall participate in and utilize the services of the One-Call Notification System. (2) Operators that are members of the One-Call Notification System on January 1, 2020, must remain members. (3) Operators with more than 25,000 […]
Section 37-15-6 Response to notice of intent to excavate or demolish. (a)(1) Each operator served with notice in accordance with Section 37-15-4, with underground facilities in the area, shall mark or cause to be marked or otherwise provide the approximate location of the operator’s underground facilities by marking in a manner as prescribed herein prior […]
Section 37-15-7 Emergency excavation or demolition. (a) Compliance with the notice requirements of Section 37-15-4 is not required of persons responsible for emergency excavation or demolition; provided, however, that such person gives, before commencing or as soon as practicable thereafter, notice of the emergency excavation or demolition to each operator having underground facilities located in […]
Section 37-15-8 Precaution to avoid damage. In addition to the notification requirements of Section 37-15-4, each person responsible for an excavation or demolition operation designated in Section 37-15-3, when performing excavation or demolition within the tolerance zone, shall do all of the following to avoid damage to or minimize interference with the underground facilities: (1) […]
Section 37-15-9 Excavation or demolition damage. (a) Each person responsible for any excavation or demolition operation that results in any damage to an underground facility, immediately upon discovery of such damage, shall notify the operator of such facility of the location of the damage or the One-Call Notification System operating on behalf of the underground […]
