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Section 9 - Association for mutual receipt of notice of excavation activities.

UT Code § 54-8a-9 (2019) (N/A)
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(1) (a) (i) Two or more operators may form and operate a statewide association providing for mutual receipt of notice of excavation activities. (ii) If an association is operational, notice to the association shall be given pursuant to Section 54-8a-4. (b) (i) If an association is formed, each operator with an underground facility in the area shall become a member of the association and participate in it to: (A) receive a notice of a proposed excavation submitted to the association; (B) receive the services furnished by it; and (C) pay its share of the cost for the service furnished. (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. (c) An association whose members or participants have underground facilities within a county shall: (i) file a description of the geographical area served by the association; and (ii) file the name and address of every member and participating operator with the county clerk.

(a) (i) Two or more operators may form and operate a statewide association providing for mutual receipt of notice of excavation activities. (ii) If an association is operational, notice to the association shall be given pursuant to Section 54-8a-4.

(i) Two or more operators may form and operate a statewide association providing for mutual receipt of notice of excavation activities.

(ii) If an association is operational, notice to the association shall be given pursuant to Section 54-8a-4.

(b) (i) If an association is formed, each operator with an underground facility in the area shall become a member of the association and participate in it to: (A) receive a notice of a proposed excavation submitted to the association; (B) receive the services furnished by it; and (C) pay its share of the cost for the service furnished. (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) If an association is formed, each operator with an underground facility in the area shall become a member of the association and participate in it to: (A) receive a notice of a proposed excavation submitted to the association; (B) receive the services furnished by it; and (C) pay its share of the cost for the service furnished.

(A) receive a notice of a proposed excavation submitted to the association;

(B) receive the services furnished by it; and

(C) pay its share of the cost for the service furnished.

(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.

(c) An association whose members or participants have underground facilities within a county shall: (i) file a description of the geographical area served by the association; and (ii) file the name and address of every member and participating operator with the county clerk.

(i) file a description of the geographical area served by the association; and

(ii) file the name and address of every member and participating operator with the county clerk.

(2) An association receiving notice as provided in Subsection 54-8a-4(1) shall: (a) notify members and participants in the relevant geographic area within 24 hours after receiving notice from the person who proposes to excavate; and (b) maintain a record of any notice received for a period of five years to document compliance with the requirements of this chapter.

(a) notify members and participants in the relevant geographic area within 24 hours after receiving notice from the person who proposes to excavate; and

(b) maintain a record of any notice received for a period of five years to document compliance with the requirements of this chapter.

(3) 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.

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Section 9 - Association for mutual receipt of notice of excavation activities.