Utah Code 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.

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
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. See Utah Code 54-8a-2
Excavator: means any person or entity that excavates or conducts excavation activities. See Utah Code 54-8a-2
Operator: means a person who owns, operates, or maintains an underground facility. See Utah Code 54-8a-2
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, including sewer laterals;

(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. See Utah Code 54-8a-2

(2)

(a)

An excavator is not liable for a civil penalty under this chapter if the excavator 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 liable for damage incurred by an operator if:

(i)	the operator complies with Section 54-8a-5; and

(ii)	the damage occurs within 24 inches of the operator’s markings or the physical presence of an above ground facility, including a manhole, meter, or junction box.

Amended by Chapter 426, 2011 General Session