S.B. 94

1

UNDERGROUND SEWER UTILITIES
2 FACILITIES AMENDMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Jon J. Greiner
6 House Sponsor: Douglas C. Aagard
7
8 LONG TITLE
9 General Description:
10 This bill establishes requirements for new and replacement sewer lateral cleanout
11 installations.
12 Highlighted Provisions:
13 This bill:
14 . requires an owner's permission before an excavator may access or enter the owner's
15 property or dwelling to locate a sewer lateral;
16 . requires an operator or person installing or replacing a sewer lateral cleanout
17 beginning August 1, 2009 to install or replace the lateral so that it can be located;
18 . requires sewer operators to maintain records beginning August 1, 2009 identifying
19 the location of new, replaced, or contractor-identified sewer lateral cleanouts;
20 . requires sewer operators to provide information pertaining to a sewer lateral
21 cleanout location; and
22 . makes technical corrections.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

28 AMENDS:
29 54-8a-2, as last amended by Laws of Utah 2008, Chapter 344
30 ENACTS:
31 54-8a-5.8, Utah Code Annotated 1953
32 54-8a-10.5, Utah Code Annotated 1953
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 54-8a-2 is amended to read:
36 54-8a-2. Definitions.
37 As used in this chapter:
38 (1) "Association" means two or more operators organized to receive notification of
39 excavation activities in a specified area, as provided by Section 54-8a-9 .
40 (2) "Board" means the Underground Facilities Damage Dispute Board created in
41 Section 54-8a-13 .
42 (3) "Emergency" means an occurrence or suspected natural gas leak necessitating
43 immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential
44 public services.
45 (4) "Excavate" or "excavation" means an operation in which earth, rock, or other
46 material on or below the ground is moved or displaced by tools, equipment, or explosives.
47 (5) "Excavator" means any person or entity that excavates or conducts excavation
48 activities.
49 (6) "48 hours" means a 48-hour period occurring during business days which includes
50 any day except Saturday, Sunday, or a legal holiday.
51 (7) "Hand tool" means an implement:
52 (a) powered by hand; or
53 (b) designed to avoid damaging an underground facility, including a vacuum
54 excavation tool and air knife.
55 (8) "Location" means the site of a proposed area of excavation described by:
56 (a) (i) street address, if available; and
57 (ii) the area at that street address to be excavated; or
58 (b) if there is no street address available, the area of excavation using any available

59 designations, including a nearby street or road, an intersection, GPS coordinates, or other
60 generally accepted methods.
61 (9) "Location request assignment" means a number assigned to a proposed excavation
62 by an association or operator upon receiving notice of the proposed excavation from the
63 excavator.
64 (10) (a) "Operator" means a person who owns, operates, or maintains an underground
65 facility.
66 (b) "Operator" does not include an owner of real property where underground facilities
67 are:
68 (i) located [solely] within [the property;]:
69 (A) the owner's property; or
70 (B) a public street adjacent to the owner's property, a right-of-way adjacent to the
71 owner's property, or a public utility easement adjacent to the owner's property;
72 (ii) used exclusively to furnish services [on] to the owner's property; and
73 (iii) maintained under the operation and control of that owner.
74 (11) "Person" includes:
75 (a) an individual, government entity, corporation, partnership, association, or company;
76 and
77 (b) the trustee, receiver, assignee, and personal representative of a person listed in
78 Subsection (11)(a).
79 (12) "Sewer lateral cleanout" means a point of access where a sewer lateral can be
80 serviced.
81 [(12)] (13) "24 hours" means a 24-hour period, excluding hours occurring during a
82 Saturday, Sunday, or a legal holiday.
83 [(13)] (14) "Underground facility" means personal property that is buried or placed
84 below ground level for use in the storage or conveyance of any of the following:
85 (a) water;
86 (b) sewage, including sewer laterals;
87 (c) communications, including electronic, photonic, telephonic, or telegraphic
88 communications;
89 (d) television, cable television, or other telecommunication signals, including

90 transmission to subscribers of video or other programming;
91 (e) electric power;
92 (f) oil, gas, or other fluid and gaseous substances;
93 (g) steam;
94 (h) slurry; or
95 (i) dangerous materials or products.
96 Section 2. Section 54-8a-5.8 is enacted to read:
97 54-8a-5.8. Excavator access.
98 An excavator may enter or access an owner's property or dwelling to locate a sewer
99 lateral with the owner's permission.
100 Section 3. Section 54-8a-10.5 is enacted to read:
101 54-8a-10.5. Installation and location of sewer lateral cleanouts -- Records.
102 (1) (a) An operator or person installing or replacing a sewer lateral cleanout beginning
103 August 1, 2009 shall install or replace the sewer lateral cleanout in a manner so that the lateral
104 can be located, including:
105 (i) house sheets; or
106 (ii) electronic markers.
107 (b) An operator or person installing a sewer lateral cleanout shall notify the sewer
108 operator of the sewer lateral cleanout location for record keeping purposes.
109 (2) Beginning on August 1, 2009, a sewer operator shall maintain records identifying
110 where all new, replaced, or contractor-identified sewer lateral cleanouts are located within the
111 sewer operator's jurisdiction.
112 (3) (a) A sewer operator shall provide to an excavator information in the sewer
113 operator's possession pertaining to a sewer lateral cleanout location within the sewer operator's
114 jurisdiction.
115 (b) The sewer operator shall provide the information within 48 hours of the excavator's
116 request.

Legislative Review Note
as of 10-27-08 3:24 PM

Office of Legislative Research and General Counsel