Utah Code 54-8a-5. Marking of underground facilities
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(1) Within 48 hours of the receipt of the notice required by Section 54-8a-4 , the operator shall:
Terms Used In Utah Code 54-8a-5
- Association: means two or more operators organized to receive notification of excavation activities in the state, as provided by Section
54-8a-9 . See Utah Code 54-8a-2 - Electronic positive response system: means an automated information system, operated by the association, that allows excavators, locators, operators, and others to communicate the status of an excavation notice. 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, explosives, or demolition. See Utah Code 54-8a-2
- Excavation notice: means a communication that:(8)(a) has a location request assignment;(8)(b) provides notice of a person's intent to excavate in a specified location in the state; and(8)(c) meets the requirements of Section
54-8a-4 . See Utah Code 54-8a-2- Excavator: means any person that excavates or conducts excavation activities. See Utah Code 54-8a-2
- Location: means the site of a proposed area of excavation described:
(13)(a)(13)(a)(i) by street address, if available;(13)(a)(ii) by the area at that street address to be excavated; and(13)(a)(iii) as specified in Subsection54-8a-4 (3) or54-8a-5 (2)(b)(ii); or(13)(b) 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- Mark: means to locate and indicate the existence of a line or facility according to the guidelines published by the association in the association's current version of the excavator's guide. See Utah Code 54-8a-2
- Operator: means a person that 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:
(23)(a) water;(23)(b) sewage, including sewer laterals;(23)(c) communications, including electronic, photonic, telephonic, or telegraphic communications;(23)(d) television, cable television, or other telecommunication signals, including transmission to subscribers of video or other programming;(23)(e) electric power;(23)(f) oil, gas, or other fluid and gaseous substances;(23)(g) steam;(23)(h) slurry; or(23)(i) dangerous materials or products. See Utah Code 54-8a-2(1)(a)(1)(a)(i) mark the location of the operator’s underground facilities in the area of the proposed excavation; or(1)(a)(ii) notify the excavator, by telephonic or electronic message or indication at the excavation site, that the operator does not have any underground facility in the area of the proposed excavation; and(1)(b) if the operator utilizes the association‘s electronic positive response system, provide a response to the association’s electronic positive response system to indicate whether the operator can provide the information described in Subsection (1)(a)(i).(2)(2)(a) The operator is not required to mark the underground facilities within 48 hours if:(2)(a)(i) the proposed excavation:(2)(a)(i)(A) is not identified in accordance with Subsection54-8a-4 (2) or is not marked as provided in Subsection54-8a-4 (3);(2)(a)(i)(B) is located in a remote area;(2)(a)(i)(C) is an extensive excavation; or(2)(a)(i)(D) presents other constraints that make it unreasonably difficult for the operator to comply with the marking requirements of this section; or(2)(a)(ii) the operator is not able to readily locate the underground facilities from the surface with standard underground detection devices.(2)(b) If the operator cannot proceed with the marking because of a situation described in Subsection (2)(a), the operator shall contact the excavator within 48 hours after the excavation notice and:(2)(b)(i) request a meeting at the proposed excavation site or some other mutually agreed upon location; or(2)(b)(ii) at the operator’s discretion, contact the excavator and request the proposed excavation site be outlined in accordance with Subsection54-8a-4 (3).(2)(c) For a situation described under Subsection (2)(a)(i), the meeting or completed outlining of the proposed excavation site constitutes the beginning of a new 48-hour period within which the operator shall begin marking the underground facilities.(2)(d)(2)(d)(i) For the situation described under Subsection (2)(a)(ii), the excavator and operator shall agree on a plan of excavation designed to prevent damage to the operator’s underground facility.(2)(d)(ii) Notwithstanding the agreement, the excavator shall proceed in a manner that is reasonably calculated to avoid damage to the underground facility.(2)(e)(2)(e)(i) An operator need not mark an underground facility the operator does not own.(2)(e)(ii) An underground facility under Subsection (2)(e)(i) includes a water or sewer lateral or a facility running from a house to a garage or outbuilding.(2)(f)(2)(f)(i) An operator may mark the location of a known facility connected to the operator’s facilities that is not owned or operated by the operator.(2)(f)(ii) Marking a known facility under Subsection (2)(f)(i) imposes no liability on the operator for the accuracy of the marking.(3) Each marking is valid for not more than 21 calendar days from the date notice is given.(4) If multiple lines exist:(4)(a) the markings must indicate the number of lines; or(4)(b) all lines must be marked.