Utah Code 54-8a-12. Enforcement — Attorney general
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(1)
Terms Used In Utah Code 54-8a-12
- 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
- Excavator: means any person that excavates or conducts excavation activities. See Utah Code 54-8a-2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Operator: means a person that owns, operates, or maintains an underground facility. See Utah Code 54-8a-2
- Person: includes :(19)(a) an individual, government entity, corporation, partnership, association, or company; and(19)(b) the trustee, receiver, assignee, and personal representative of a person listed in Subsection (19)(a). See Utah Code 54-8a-2
- Venue: The geographical location in which a case is tried.
(1)(a)(1)(a)(i) The attorney general may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enforce this chapter.(1)(a)(ii) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the attorney general shall bring the action described in Subsection (1)(a)(i) in the county in which the excavation is located if the attorney general brings the action in the district court.(1)(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:(1)(b)(i) a proceeding commenced by the attorney general under this chapter; or(1)(b)(ii) the imposition of a civil penalty under this chapter.(1)(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.