Terms Used In Arizona Laws > Title 40 > Chapter 2 > Article 6.3 - Underground Facilities

• Abandoned: means no longer in service and physically disconnected from a portion of the facility, or from any other facility, that is in use or still carries service. See Arizona Laws 40-360.21
• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Apartment community: means any real property that has one or more structures and contains five or more dwelling units for rent or lease that are subject to Title 33, Chapter 10. See Arizona Laws 40-360.21
• Building official: means the agency or officer employed by a political subdivision of this state and charged with the administration and enforcement of a building code to regulate the quality, type of material and workmanship of construction of buildings or structures. See Arizona Laws 40-360.21
• Careful and prudent manner: means conducting an excavation in such a way that when the excavation is less than or equal to twenty-four inches from an underground facility that is marked with stakes or paint or in some customary manner, the facility is carefully exposed with hand tools, and the uncovered facility is supported and protected. See Arizona Laws 40-360.21
• Carefully: means acting with reasonable care under the circumstances. See Arizona Laws 40-360.21
• Commission: means the corporation commission. See Arizona Laws 40-201
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cross culverts or similar roadway drainage facilities: means transverse drainage structures with both ends or openings visible including box culverts, drainage pipes or other covered structures. See Arizona Laws 40-360.21
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Detectible underground location device: means any device that is installed underground and that is capable of being detected from above ground with an electronic locating device. See Arizona Laws 40-360.21
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Excavation: means any operation in which earth, rock or other material in the ground is moved, removed or otherwise displaced by means or use of any tools, equipment or explosives and includes, without limitation, grading, trenching, digging, ditching, drilling, augering, boring, tunnelling, scraping, cable or pipe plowing and driving. See Arizona Laws 40-360.21
• Inactive: means :

  (a) That portion of an underground facility that is not in use but is still connected to the facility, or to any other facility, that is in use or still carries service. See Arizona Laws 40-360.21

• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Installation records of an underground facility: means maps, drawings, diagrams, surveys, schematics, illustrations, sketches or any other depictions or descriptions of an underground facility that reflect the location at the time of installation of the underground facility and any surface extensions in a reasonably accurate manner. See Arizona Laws 40-360.21
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Locator strip: means a type of detectible underground location device that consists of a plastic or other durable material ribbon containing a material capable of being detected from above ground with an electronic locating device and color coded by type of underground facility. See Arizona Laws 40-360.21
• Locator wire: means a type of detectible underground location device that consists of a copper wire or metallic, conductive, noncorrosive trace wire capable of being detected from above ground with an electronic locating device. See Arizona Laws 40-360.21
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• One-call notification center: means an organization of owners or operators of underground facilities that provides a telephone number notification service for the purpose of receiving and distributing to its members advance notifications from persons regarding planned excavations. See Arizona Laws 40-360.21
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any individual, firm, joint venture, partnership, corporation, association, homeowners' association, municipality, governmental unit, department or agency and shall include any trustee, receiver, assignee or personal representative thereof. See Arizona Laws 40-360.21
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• Property: includes both real and personal property. See Arizona Laws 1-215
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Routine road maintenance grading: means the routine grading or resurfacing of the concrete, asphaltic or composite surface but not the subbase of a roadway by the state or a political subdivision of the state for the purpose of maintaining the surface condition of the road and includes recovery of material from a borrow ditch. See Arizona Laws 40-360.21
• Stakes or paint or in some customary manner: means marking the location of an underground facility by the colors established by the commission. See Arizona Laws 40-360.21
• Trustee: A person or institution holding and administering property in trust.
• Underground facilities operator: means a public utility, municipal corporation, landlord or other person having the right to bury underground facilities in any public street, alley, right-of-way dedicated to the public use or public utility easement, in any apartment community or mobile home park or pursuant to any express or implied private property easement. See Arizona Laws 40-360.21
• Underground facility: means any item of personal property that is buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic or telegraphic communications, electric energy, oil, gas or other substances, and shall include but not be limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments and those portions of poles and their attachments below ground except cross culverts or similar roadway drainage facilities and landscape irrigation systems of two inches in diameter or less. See Arizona Laws 40-360.21
• Working day: means every day excluding Saturday of each week, the fourth Friday in November, Sunday of each week and other legal holidays as prescribed in section 1-301. See Arizona Laws 40-360.21
• Writing: includes printing. See Arizona Laws 1-215