Association: means two or more operators organized to receive notification of excavation activities in a specified area, as provided by Section 54-8a-9. See Utah Code 54-8a-2
Emergency: means an occurrence or suspected natural gas leak necessitating immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. See Utah Code 54-8a-2
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
Location: means the site of a proposed area of excavation described:
(a)
(i)
by street address, if available;
(ii)
by the area at that street address to be excavated; and
if there is no street address available, by the area of excavation using any available designations, including a nearby street or road, an intersection, GPS coordinates, or other generally accepted methods. 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
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;
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 (1) shall:
(a)
be given:
(i)
by telephone;
(ii)
in person; or
(iii)
by other means acceptable to each operator;
(b)
be given not:
(i)
less than 48 hours before excavation begins; or
(ii)
more than 14 days before excavation begins; and
(c)
include the proposed excavation’s anticipated:
(i)
location, with reasonable specificity;
(ii)
dimensions;
(iii)
type; and
(iv)
duration.
(3)
If the proposed excavation’s anticipated location and dimensions cannot be described as required under Subsection (2)(c) or as requested in accordance with Subsection 54-8a-5(2)(b), an excavator shall outline the proposed excavation site using as a guideline the then-existing Uniform Color Code and Marking Guidelines, Appendix B, published by the Common Ground Alliance, as amended in the current version of the excavators’ guide published by the statewide association established in Section 54-8a-9.
(4)
If more than one excavator will operate at the same excavation site, each excavator shall provide the notice required by this section.
(5)
If there is an association in the county, notice to that association constitutes notice to each operator that has facilities within the proposed excavation site.
(6)
(a)
Notice given under this section is valid for 14 days from the day on which the notice is given.
(b)
If an excavation will continue beyond the 14-day period under Subsection (6)(a), the excavator shall provide notice of that fact at least 48 hours, but no sooner than six calendar days, before expiration of the 14-day period.
(c)
A notice under Subsection (6)(b) is valid for 14 days from the day on which the previous notice expires.
(d)
An excavator shall give notice as provided in this Subsection (6) for the duration of the excavation.
(7)
If markings made by the operator have been disturbed so that the markings no longer identify the underground facility:
(a)
before excavating the site an excavator shall notify:
(i)
the association; or
(ii)
each operator; and
(b)
the operator shall mark the area again within 48 hours of the renotification.
(8)
An excavator may begin excavation if:
(a)
(i)
all underground facilities have been:
(A)
located; and
(B)
marked; or
(ii)
the operators have indicated that there are no underground facilities within the proposed excavation site;
(b)
(i)
48 hours have elapsed from the time of initial notice; and
(ii)
the excavator has not:
(A)
been notified by the operator; or
(B)
received a request for a meeting under Subsection 54-8a-5(2); or
(c)
48 hours have elapsed from the time of renotification under Subsection (6).
(9)
Unless an operator remarks an area pursuant to Subsection (7), the excavator shall be responsible for the costs incurred by an operator to remark its underground facilities following the second or subsequent notice given by an excavator for a proposed excavation.
