54-8a-9 - Association for mutual receipt of notice of excavation activities.
54-8a-9. Association for mutual receipt of notice of excavation activities.
(1) (a) (i) Two or more operators may form and operate a statewide association providingfor mutual receipt of notice of excavation activities.
(ii) If an association is operational, notice to the association shall be given pursuant toSection 54-8a-4.
(b) (i) If an association is formed, each operator with an underground facility in the areashall 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, theoperator is liable for damages incurred by an excavator who complies with this chapter'srequirements.
(c) An association whose members or participants have underground facilities within acounty 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 countyclerk.
(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 afterreceiving notice from the person who proposes to excavate; and
(b) maintain a record of any notice received for a period of five years to documentcompliance with the requirements of this chapter.
(3) An association contacted by a public agency to identify a utility company, inaccordance with Section 54-3-29, shall provide the public agency with a list, including contactinformation to the extent available, of each utility company of which the association is aware thathas a utility facility within the area identified by the public agency.
Amended by Chapter 272, 2010 General Session