Terms Used In Utah Code > Title 54 > Chapter 8a - Damage to Underground Utility Facilities

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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
• Big game: includes deer, elk, big horn sheep, moose, mountain goats, pronghorn. See Utah Code 23A-11-101
• Big game byproduct: means those parts of the carcass of a lawfully taken big game animal that are listed in Subsections (2)(a)(i) through (ix):
            (2)(a)(i) bones with less than 1/2 inch of attached muscle tissue;
            (2)(a)(ii) fat, tendons, ligaments, cartilage, and silverskin with less than 1/2 inch attached muscle tissue;
            (2)(a)(iii) muscle tissue damaged by wound channels and within one inch of damaged tissue;
            (2)(a)(iv) head;
            (2)(a)(v) rib and neck meat on deer, pronghorn, mountain goat, and bighorn sheep;
            (2)(a)(vi) antlers and horns;
            (2)(a)(vii) legs below the knee and hock;
            (2)(a)(viii) internal organs; and
            (2)(a)(ix) hide. See Utah Code 23A-11-101
• Board: means the Underground Facilities Damage Dispute Board created in Section 54-8a-13. See Utah Code 54-8a-2
• Business hours: means the hours between 8:00 a. See Utah Code 54-8a-2
• Carcass: means the dead body of an animal or the animal's parts. See Utah Code 23A-1-101
• Certificate of registration: means a paper-based or electronic document issued under this title, or a rule or proclamation of the Wildlife Board granting authority to engage in activities not covered by a license, permit, or tag. See Utah Code 23A-1-101
• Commission: means the Public Service Commission. See Utah Code 54-2-1
• Contract: A legal written agreement that becomes binding when signed.
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Natural Resources. See Utah Code 23A-1-101
• Director: means the director of the division appointed under Section 23A-2-202. See Utah Code 23A-1-101
• Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
• 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
• Emergency: means an occurrence or suspected natural gas leak necessitating immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. See Utah Code 54-8a-2
• 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
• 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
• fee year: means a one-year period beginning on April 1 and ending on March 31 of the following year. See Utah Code 23A-11-501
• Financial advantage: means an act through which a person in lawful possession of a protected wildlife carcass uses or disposes of that carcass or carcass parts in a transaction for which the person receives consideration or expects to recover associated costs. See Utah Code 23A-11-101
• Game: means wildlife normally pursued, caught, or taken by sporting means for human use. See Utah Code 23A-1-101
• General predator control: means a predatory animal removal effort by the division to reduce predatory animal numbers for the benefit of mule deer. See Utah Code 23A-11-401
• Holiday: means all legal holidays as defined in Section 63G-1-301, the Friday after Thanksgiving Day, December 24th, and any other association observed holiday as posted in the association's excavator's guide. See Utah Code 54-8a-2
• Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. See Utah Code 23A-1-101
• Hunting guide: means the same as that term is defined in Section 58-79-102. See Utah Code 23A-1-101
• 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.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• 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 Subsection 54-8a-4(3) or 54-8a-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
• Management unit: means a prescribed area of contiguous land designated by the division for the purpose of managing a species of big game animal. See Utah Code 23A-11-101
• 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
• Migratory bird: means the same as that term is defined in Utah Code 23A-13-101
• Migratory bird production area: means an area of land that is:
       (2)(a) created under this chapter; and
       (2)(b) used according to the description in Subsections 23A-13-201(1)(b)(iii)(A) and (B). See Utah Code 23A-13-101
• No response notice: means notice given by an excavator to the association that:
       (17)(a) describes indications of specific facilities or facility types;
       (17)(b) indicates that the facilities or facility types were not marked by the operator at the site of the proposed excavation; and
       (17)(c) is submitted after the excavator previously submitted an excavation notice regarding the site. See Utah Code 54-8a-2
• Operator: means a person that owns, operates, or maintains an underground facility. See Utah Code 54-8a-2
• Outfitter: means the same as that term is defined in Section 58-79-102. See Utah Code 23A-1-101
• 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.
• Permit: means a paper-based or electronic document that grants authority to engage in specified activities under this title or a rule or proclamation of the Wildlife Board. See Utah Code 23A-1-101
• Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
• 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
• Possession: means actual or constructive possession. See Utah Code 23A-1-101
• Predator: means a cougar, bear, or coyote. See Utah Code 23A-11-101
• predatory animal: means a coyote. See Utah Code 23A-11-401
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Proclamation: means the publication that is:
       (41)(a) used to convey a statute, rule, policy, or pertinent information related to wildlife; and
       (41)(b) issued in accordance with a rule made by the Wildlife Board under this title. See Utah Code 23A-1-101
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Protected wildlife: means wildlife, except as provided in Subsection (43)(b). See Utah Code 23A-1-101
• Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1
• Quorum: The number of legislators that must be present to do business.
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Sell: means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging, or trading. See Utah Code 23A-1-101
• Sewer lateral cleanout: means a point of access where a sewer lateral can be serviced. 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
• Statute: A law passed by a legislature.
• Targeted predator control: means a predatory animal removal effort by the division:
       (3)(a) to reduce predatory animal numbers in an area where mule deer predation occurs; and
       (3)(b) that focuses on specific locations and certain times. See Utah Code 23A-11-401
• 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
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• 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
• Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
• Venue: The geographical location in which a case is tried.
• Waterfowl management area: includes the Willard Spur Waterfowl Management Area and the Harold Crane Waterfowl Management Area described in Section 23A-6-403. See Utah Code 23A-12-301
• Wild: means the natural environment, including a private pond or private property. See Utah Code 23A-1-101
• Wildlife: means :
       (61)(a) crustaceans, including brine shrimp and crayfish;
       (61)(b) mollusks; and
       (61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101
• Wildlife Board: means the board created in Section 23A-2-301. See Utah Code 23A-1-101
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5