2006 Utah Code - 54-8a-8 — Civil penalty for damage -- Action by excavator, operator, or county attorney -- Exceptions -- Remedies supplemental.

     54-8a-8.   Civil penalty for damage -- Action by excavator, operator, or county attorney -- Exceptions -- Remedies supplemental.
     (1) (a) An excavator or operator who negligently violates this chapter is subject to a civil penalty in the amount of $500 for each violation, not to exceed $5,000 total penalty.
     (b) An excavator or operator who knowingly and willfully violates any of the provisions of this chapter is subject to a civil penalty in an amount of $1,000 for each violation, not to exceed $25,000 total penalty.
     (2) (a) Actions to recover the civil penalties under this section shall be brought by:
     (i) the excavator;
     (ii) the operator whose underground facilities are damaged; or
     (iii) the county attorney of the county in which the damage occurs.
     (b) In an action brought under this section, the prevailing party shall be awarded its costs and attorney's fees as determined by the court.
     (c) All penalties recovered from the action shall be paid into the General Fund.
     (3) Subsection (1) does not apply to an excavation made:
     (a) during an emergency, if reasonable precautions are taken to protect underground facilities;
     (b) in agricultural operations;
     (c) for the purpose of finding or extracting natural resources; or
     (d) with hand tools on property owned or occupied by the excavator.
     (4) (a) The civil penalties in this section are in addition to any damages that an operator or an excavator may seek to recover.
     (b) In an action brought under this section, the prevailing party shall be awarded its costs and attorney's fees as determined by the court.

Amended by Chapter 189, 2001 General Session