54-8a-10. Installation of nonmetallic facilities. Any operator installing a nonmetallic facility, such as a sewer, water, or fiber optic line, shall install the nonmetallic facility so that it can be located with standard underground facility detection devices or in a concrete conduit system. Amended by Chapter 344, 2008 General Session
54-8a-10.5. Installation and location of sewer lateral cleanouts — Records. (1) (a) An operator or person installing or replacing a sewer lateral cleanout beginning August 1, 2009 shall install or replace the sewer lateral cleanout in a manner so that the lateral can be located, including: (i) house sheets; or (ii) electronic markers. (b) An […]
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 Pipeline Safety Improvement Act […]
54-8a-12. Enforcement — Attorney general. (1) (a) The attorney general may bring an action in the district court located in the county in which the excavation is located to enforce this chapter. (b) The right of any person to bring a civil action for damage arising from an excavator’s or operator’s actions or conduct relating […]
54-8a-13. Underground Facilities Damage Dispute Board — Arbitration — Relationship with Public Service Commission. (1) There is created within the commission the Underground Facilities Damage Dispute Board to arbitrate a dispute arising from: (a) an operator’s or excavator’s violation of this chapter; and (b) damage caused by excavation during an emergency. (2) The board consists […]
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 an underground facility the following: (a) the name of each municipality, city, or town in which the operator has an underground facility within that county; (b) the operator’s name; (c) the title, […]
54-8a-3.5. Excavation-related information included with construction and building permit. An entity issuing a permit for building or construction that may require excavation may, and is encouraged to, include a notice on or with a permit stating, “Attention, Utah law requires any excavator to notify the owner of underground facilities 48 hours before excavating and comply […]
54-8a-4. Notice of excavation. (1) (a) Before excavating, an excavator shall notify each operator with an underground facility 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 […]
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, by telephonic or electronic message or indication at the excavation site, that […]
54-8a-5.5. Determining the precise location of marked underground facilities. (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 unless: (a) the excavator determines the exact location of the underground facility by excavating with hand tools to confirm that […]
54-8a-5.8. Excavator access. An excavator may enter or access an owner’s property or dwelling to locate a sewer lateral with the owner’s permission. Enacted by Chapter 209, 2009 General Session
54-8a-6. Duties and liabilities of an excavator. (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 a civil penalty […]
54-8a-7. Notice of damage — Repairs. (1) If an excavator contacts or damages an underground facility, the excavator shall: (a) immediately notify the appropriate operator and then proceed in a manner that is reasonably calculated to avoid further damage to the underground facility; and (b) immediately call 911 if the excavation may result in an […]
54-8a-7.5. Third-party damages caused by failure to locate. (1) If an operator fails to locate a facility as required by this chapter and an excavator damages another operator’s facility of a similar size and appearance that fits surface markings as required by Subsection 54-8a-5(1)(b), the operator who failed to locate its facility is liable for […]
54-8a-8. Civil penalty for damage — Exceptions — Other remedies. (1) A civil penalty may be imposed for a violation of this chapter as provided in this section. (2) A civil penalty under this section may be imposed on: (a) any person who violates this chapter in an amount no greater than $5,000 for each […]
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 […]
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. Enacted by Chapter 198, 1998 General Session
