54-8a-6. Duties and liabilities of an excavator.
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/ut/title-54/chapter-8a/54-8a-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/1/2024
54-8a-6. Duties and liabilities of an excavator.
(1)Damage to an underground facility by an excavator who excavates but fails to comply with Section 54-8a-4 , is prima facie evidence that the excavator is liable for any damage caused by the negligence of that excavator.
(a)An excavator is not liable for a civil penalty under this chapter if the excavator has:
(i)given proper notice of the proposed excavation as required in this chapter;
(ii)marked the area of the proposed excavation as required in Section 54-8a-4 ;
(iii)complied with Section 54-8a-5.5 ; and
(iv)complied with Section 54-8a-7 .
(b)An excavator is liable for damage incurred by an operator if:
(i)the operator complies with Section 54-8a-5 ; and
(ii)the damage occurs within the tolerance zone.
Amended by Chapter 369 , 2024 General Session