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
Person: includes :
(a)
an individual, government entity, corporation, partnership, association, or company; and
(b)
the trustee, receiver, assignee, and personal representative of a person listed in Subsection (11)(a). See Utah Code 54-8a-2
(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 to underground facilities is not affected by:
(i)
a proceeding commenced by the attorney general under this chapter; or
(ii)
the imposition of a civil penalty under this chapter.
(c)
If the attorney general does not bring an action under Subsection (1)(a), the operator or excavator may pursue any remedy, including a civil penalty.
(2)
Any civil penalty imposed and collected under this chapter shall be deposited into the General Fund.
