Title 54 Chapter 8a Section 4

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Index	Utah Code
Title 54	Public Utilities
Chapter 8a	Damage to Underground Utility Facilities
Section 4	Notice of excavation. *(Effective 5/1/2024)*

Effective 5/1/2024
54-8a-4. Notice of excavation.

(1)

(a)	Before excavating, an excavator shall notify each operator with an underground facility in the area of the proposed excavation.

(b)

The requirements of Subsection (1)(a) do not apply:

(i)	if there is an emergency;

(ii)	while gardening; or

(iii)

while tilling private ground.

(2)

The notice required by Subsection (1) shall:

(a)

be given:

(i)	by telephone;

(ii)	by electronic communication; or

(iii)

by other means acceptable to the association;

(b)

be given not:

(i)	less than 48 hours before excavation begins; or

(ii)	more than 14 days before excavation begins; and

(c)

include the proposed excavation's anticipated:

(i)	location, with reasonable specificity;

(ii)	dimensions; and

(iii)

type.

(3)

If the proposed excavation's anticipated location and dimensions cannot be described as required under Subsection (2)(c) or as requested in accordance with Subsection 54-8a-5(2)(b), an excavator shall outline the proposed excavation site using as a guideline the then-existing Uniform Color Code and Marking Guidelines, Appendix B, published by the Common Ground Alliance, as amended in the current version of the excavators' guide published by the statewide association established in Section 54-8a-9.

(4)	If more than one excavator will operate at the same excavation site, each excavator shall provide the notice required by this section.

(5)	Notice provided to the association constitutes notice to each operator that has facilities within the proposed excavation site.

(6)

(a)	Notice given under this section is valid for 21 days from the day on which the notice is given.

(b)	If an excavation will continue beyond the 21-day period under Subsection (6)(a), the excavator shall provide notice of that fact at least 48 hours, but no sooner than seven calendar days, before expiration of the 21-day period.

(c)	A notice under Subsection (6)(b) is valid for 21 days from the day on which the previous notice expires.

(d)	An excavator shall give notice as provided in this Subsection (6) for the duration of the excavation.

(7)

(a)

An excavator shall confirm before excavation that:

(i)	operators that utilize electronic positive response have responded through the association's electronic positive response system; and

(ii)

(A)	all facilities that may be affected by the proposed excavation have been marked;

(B)	the operators have indicated that there are no underground facilities within the proposed excavation site; or

(C)	the operators have not requested a meeting under Subsection 54-8a-5(2).

(b)

If an operator has not marked a facility or responded within 48 hours of the initial excavation notice:

(i)

the excavator may not begin excavation if the excavator is aware of or observes indications of a facility that was not marked at the proposed excavation area until:

(A)	the excavator has given a no response notice; and

(B)	the operator makes arrangements for the facility to be marked by the operator; or

(ii)	the excavator may begin excavation if there are no visible indications of a facility within the proposed excavation area.

(c)	Within four business hours of the association receiving a no response notice, an operator shall mark the facilities or make arrangements for the facilities to be marked.

(8)

If markings made by the operator have been disturbed so that the markings no longer identify the underground facility:

(a)

before excavating the site an excavator shall notify:

(i)	the association; or

(ii)	each operator; and

(b)	the operator shall mark the area again within 48 hours of the notification provided by the excavator under Subsection (8)(a).

(9)	Unless an operator remarks an area pursuant to Subsection (8), the excavator shall be responsible for the costs incurred by an operator to remark its underground facilities following the second or subsequent notice given by an excavator for a proposed excavation.

Amended by Chapter 369, 2024 General Session

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