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S.B. 18
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PUBLIC UTILITIES - SEWER LINES
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Gene Davis
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AN ACT RELATING TO DAMAGE TO UNDERGROUND UTILITY FACILITIES;
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AMENDING THE DEFINITION OF UNDERGROUND FACILITY TO INCLUDE A SEWER
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LATERAL.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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54-8a-2, as last amended by Chapter 198, Laws of Utah 1998
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
54-8a-2
is amended to read:
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54-8a-2. Definitions.
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As used in this chapter:
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(1) "Association" means two or more operators organized to receive notification of
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excavation activities in a specified area, as provided by Section
54-8a-9
.
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(2) "Emergency" means an occurrence necessitating immediate action to prevent or
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mitigate loss of, or damage to, life, health, property, or essential public services.
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(3) "Excavate" or "excavation" means an operation in which earth, rock, or other material
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on or below the ground is moved or displaced by tools, equipment, or explosives.
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(4) "Excavator" means any person or entity that excavates or conducts excavation
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activities.
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(5) "48 hours" means a 48-hour period occurring during business days which includes any
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day except Saturday, Sunday, or a legal holiday.
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(6) "Location request assignment" means a number assigned to a proposed excavation by
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an association or operator upon receiving notice of the proposed excavation from the excavator.
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(7) (a) "Operator" means a person or entity which owns, operates, or maintains
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underground facilities.
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(b) "Operator" does not include an owner of real property where underground facilities are:
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(i) located solely within the property;
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(ii) used exclusively to furnish services on the property; and
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(iii) maintained under the operation and control of that owner.
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(8) "Person" includes individuals, government entities, corporations, partnerships,
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associations, and companies and their trustees, receivers, assignees, and personal representatives.
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(9) (a) "Underground facility" means personal property that is buried or placed below
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ground level for use in the storage or conveyance of any of the following:
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[(a)] (i) water;
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[(b)] (ii) sewage;
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[(c)] (iii) communications, including electronic, photonic, telephonic, or telegraphic
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communications;
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[(d)] (iv) television, cable television, or other telecommunication signals, including
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transmission to subscribers of video or other programming;
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[(e)] (v) electric power;
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[(f)] (vi) oil, gas, or other fluid and gaseous substances;
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[(g)] (vii) steam;
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[(h)] (viii) slurry; or
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[(i)] (ix) dangerous materials or products.
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(b) "Underground facility" includes a sewer lateral that runs from an operator's main sewer
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line and connects to a home, commercial building, or other structure whether or not the sewer
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lateral is owned, operated, or maintained by the operator.
Legislative Review Note
as of 12-14-99 4:13 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.