(1) Damage to an underground facility by an excavator who excavates but fails to comply with Section 54-8a-4, is prima facie evidence that the excavator is liable for any damage caused by the negligence of that excavator.

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Terms Used In Utah Code 54-8a-6

  • 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 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
  • Operator: means a person that owns, operates, or maintains an underground facility. See Utah Code 54-8a-2
  • Tolerance zone: means the area surrounding a facility that:
         (21)(a) for an underground facility that has the diameter of the facility marked, is the distance of one half of the marked diameter plus 24 inches on either side of the designated center;
         (21)(b) for an underground facility that does not have the diameter of the facility marked, is 24 inches on either side of the outside edge of the mark indicating a facility; or
         (21)(c) for an above ground facility, is 24 inches in each direction of the outside edge of the physically present 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
(2)

     (2)(a) An excavator is not liable for a civil penalty under this chapter if the excavator has:

          (2)(a)(i) given proper notice of the proposed excavation as required in this chapter;
          (2)(a)(ii) marked the area of the proposed excavation as required in Section 54-8a-4;
          (2)(a)(iii) complied with Section 54-8a-5.5; and
          (2)(a)(iv) complied with Section 54-8a-7.
     (2)(b) An excavator is liable for damage incurred by an operator if:

          (2)(b)(i) the operator complies with Section 54-8a-5; and
          (2)(b)(ii) the damage occurs within the tolerance zone.