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2025 Utah Code
Title 54 - Public Utilities
Chapter 8a - Damage to Underground Utility Facilities
Section 9 - Association for mutual receipt of excavation notices.
Universal Citation:
UT Code § 54-8a-9 (2025)
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Effective 5/1/2024
54-8a-9. Association for mutual receipt of excavation notices.
Amended by Chapter 369, 2024 General Session
54-8a-9. Association for mutual receipt of excavation notices.
- (1)
- (a)
- (i)Two or more operators may form and operate a statewide association providing for mutual receipt of notice of excavation activities.
- (ii)When an association is operational, notice to the association shall be given pursuant to Section 54-8a-4.
- (b)
- (i)When an association is formed, each operator with an underground facility in the state shall become a member of the association and participate in it to:
- (A)receive an excavation notice submitted to the association;
- (B)receive the services furnished by it;
- (C)pay its share of the cost for the service furnished; and
- (D)provide electronic positive response information to the association's electronic positive response system, if the system is utilized by the operator.
- (ii)If an operator does not comply with Subsection (1)(b)(i) and Section 54-8a-5, the operator is liable for damages incurred by an excavator who complies with this chapter's requirements.
- (i)When an association is formed, each operator with an underground facility in the state shall become a member of the association and participate in it to:
- (a)
- (2)The association's notification center shall:
- (a)notify members and participants in the relevant geographic area within 24 hours after receiving an excavation notice;
- (b)maintain a record of any notice received for a period of five years to document compliance with the requirements of this chapter; and
- (c)implement and operate a statewide electronic positive response system.
- (3)The association and its notification center shall not be responsible for:
- (a)resolving reports of alleged violations of this chapter; or
- (b)a failure on the part of an excavator or operator to perform an excavator's or operator's responsibilities under this chapter.
- (4)An association contacted by a public agency to identify a utility company, in accordance with Section 54-3-29, shall provide the public agency with a list, including contact information to the extent available, of each utility company of which the association is aware that has a utility facility within the area identified by the public agency.
Amended by Chapter 369, 2024 General Session
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