S.B. 127

1

UNDERGROUND UTILITIES FACILITIES
2 AMENDMENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Jon J. Greiner
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill addresses the installation and location of sewage facilities.
11 Highlighted Provisions:
12 This bill:
13 . requires the location of certain sewage facilities by a sewage facility operator even if
14 the facility is not owned by the operator;
15 . addresses the manner of locating sewage facilities;
16 . addresses liabilities of a sewage facility operator;
17 . requires certain sewage facilities to be installed with the ability to be located; and
18 . makes technical changes.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 54-8a-5, as last amended by Laws of Utah 1998, Chapter 198
26 54-8a-10, as last amended by Laws of Utah 1993, Chapter 87
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 54-8a-5 is amended to read:
30 54-8a-5. Marking of underground facilities.
31 (1) (a) Within 48 hours of the receipt of the notice required by Section 54-8a-4 , the
32 operator shall:
33 (i) mark the location of its underground facilities in the area of the proposed
34 excavation; or
35 (ii) notify the excavator that the operator does not have any underground facilities in
36 the area of the proposed excavation.
37 (b) The underground facilities shall be marked with stakes, paint, or in some other
38 customary way, indicating, at the option of the operator, either:
39 (i) the approximate centerline of the underground facility; or
40 (ii) the approximate outside dimensions of both sides of the underground facility.
41 (2) (a) The operator is not required to mark the underground facilities within 48 hours
42 if:
43 (i) the proposed excavation:
44 (A) is not clearly described by a street address or description and is not marked as
45 provided in Subsection 54-8a-4 (3);
46 (B) is located in a remote area;
47 (C) is an extensive excavation; or
48 (D) presents other constraints that make it unreasonably difficult for the operator to
49 comply with the marking requirements of this section; or
50 (ii) the operator is not able to readily locate the underground facilities from the surface
51 with standard underground detection devices.
52 (b) If the operator cannot proceed with the marking because of a situation described in
53 Subsection (2)(a), the operator shall contact the excavator within 48 hours and request a
54 meeting at the proposed excavation site or some other mutually agreed upon location.
55 (c) For the situations described under Subsections (2)(a)(i)(A) and (2)(a)(i)(B), the
56 meeting will constitute the beginning of a new 48-hour period within which the operator must
57 mark the underground facilities.
58 (d) For the situations described under Subsections (2)(a)(i)(C) and (2)(a)(i)(D), the

59 meeting will constitute the beginning of a new 48-hour period within which the operator must
60 begin marking the underground facilities.
61 (e) For the situation described under Subsection (2)(a)(ii), the excavator and operator
62 shall agree on a plan of excavation designed to prevent damage to the operator's underground
63 facilities. Notwithstanding the agreement, the excavator shall proceed in a manner that is
64 reasonably calculated to avoid damage to the underground facilities.
65 (3) The markings required by this section shall conform to the following color code for
66 each type of installation:
67 (a) safety red - electric power;
68 (b) safety yellow - gas, oil, a dangerous material or product, or steam;
69 (c) safety orange - communications or cable television;
70 (d) safety blue - water or slurry; and
71 (e) safety green - sewer.
72 (4) Each marking is valid for not more than 14 calendar days from the date notice is
73 given.
74 (5) If multiple lines exist:
75 (a) the markings must indicate the number of lines; or
76 (b) all lines must be marked.
77 (6) (a) This section's location requirements apply to the operator of a sewage facility
78 regardless of whether the operator owns the sewage facility if the sewage facility is located in a
79 public street, alley, right-of-way dedicated to public use or in a public utility easement.
80 (b) Location under Subsection (6)(a) shall be made:
81 (i) by reference to any installation records for the facility; and
82 (ii) in compliance with this section.
83 (c) This Subsection (6) does not require that the operator of a sewage facility clean,
84 unstop, or otherwise repair any sewage facility that is not owned by the operator.
85 Section 2. Section 54-8a-10 is amended to read:
86 54-8a-10. Installation of fiberoptic, nonmetallic, and sewage facilities.
87 (1) Any operator utilizing a fiberoptic or other nonmetallic facility shall install the
88 fiberoptic or other nonmetallic facility so that it can be located with standard underground
89 facility detection devices or in a concrete conduit system.

90 (2) A sewage facility installed in a public street, alley, or right-of-way dedicated to
91 public use or in a public utility easement shall be installed with the ability to be located with
92 standard underground detection devices whether the facility is a sewage main, lateral,
93 distribution line, or other sewage facility.




Legislative Review Note
as of 1-15-08 7:50 AM

Office of Legislative Research and General Counsel