Utah Code 54-8a-9. Association for mutual receipt of excavation notices
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Terms Used In Utah Code 54-8a-9
- 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 - Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Operator: means a person that owns, operates, or maintains an underground facility. See Utah Code 54-8a-2
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- 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) Two or more operators may form and operate a statewide association providing for mutual receipt of notice of excavation activities.(1)(a)(ii) When an association is operational, notice to the association shall be given pursuant to Section54-8a-4 .(1)(b)(1)(b)(i) When an association is formed, each operator with an underground facility in the state shall become a member of the association and participate in it to:(1)(b)(i)(A) receive an excavation notice submitted to the association;(1)(b)(i)(B) receive the services furnished by it;(1)(b)(i)(C) pay its share of the cost for the service furnished; and(1)(b)(i)(D) provide electronic positive response information to the association’s electronic positive response system, if the system is utilized by the operator.(1)(b)(ii) If an operator does not comply with Subsection (1)(b)(i) and Section54-8a-5 , the operator is liable for damages incurred by an excavator who complies with this chapter’s requirements.(2) The association’s notification center shall:(2)(a) notify members and participants in the relevant geographic area within 24 hours after receiving an excavation notice;(2)(b) maintain a record of any notice received for a period of five years to document compliance with the requirements of this chapter; and(2)(c) implement and operate a statewide electronic positive response system.(3) The association and its notification center shall not be responsible for:(3)(a) resolving reports of alleged violations of this chapter; or(3)(b) a failure on the part of an excavator or operator to perform an excavator’s or operator’s responsibilities under this chapter.(4) An association contacted by a public agency to identify a utility company, in accordance with Section54-3-29 , 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.