Utah Code 54-8a-9. Association for mutual receipt of notice of excavation activities

(1)

Terms Used In Utah Code 54-8a-9

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
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
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

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

(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 is formed, each operator with an underground facility in the area shall become a member of the association and participate in it to:

(A)	receive a notice of a proposed excavation submitted to the association;

(B)	receive the services furnished by it; and

(C)	pay its share of the cost for the service furnished.

(ii)	If an operator does not comply with Subsection (1)(b)(i) and Section 54-8a-5, the operator is liable for damages incurred by an excavator who complies with this chapter’s requirements.

(c)

An association whose members or participants have underground facilities within a county shall:

(i)	file a description of the geographical area served by the association; and

(ii)	file the name and address of every member and participating operator with the county clerk.

(2)

An association receiving notice as provided in Subsection 54-8a-4(1) shall:

(a)	notify members and participants in the relevant geographic area within 24 hours after receiving notice from the person who proposes to excavate; and

(b)	maintain a record of any notice received for a period of five years to document compliance with the requirements of this chapter.

(3)

An association contacted by a public agency to identify a utility company, in accordance with Section 54-3-29, shall provide the public agency with a list, including contact information to the extent available, of each utility company of which the association is aware that has a utility facility within the area identified by the public agency.

Amended by Chapter 272, 2010 General Session

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