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37-15-6
Section 37-15-6 Response to notice of intent to excavate or demolish. (a)(1) Each operator
served with notice in accordance with Section 37-15-4, with underground facilities in the
area, shall mark or cause to be marked or otherwise provide the approximate location of the
operator's underground facilities by marking in a manner as prescribed herein prior to the
proposed start of excavation, demolition, or blasting. If any underground facilities become
damaged due to an operator furnishing inaccurate information as to the approximate location
of the facilities, through no fault of the operator, then the civil liabilities imposed by
this chapter do not apply. (2) In lieu of such marking, the operator may request to be present
at the site upon commencement of the excavation, demolition, or blasting. (3) A member operator
that states that it does not have accurate information concerning the exact location of its
underground facilities is exempt from the requirements of this section, but...
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37-15-2
Section 37-15-2 Definitions. As used in this chapter the following words have the following
meanings: (1) APPROXIMATE LOCATION OF UNDERGROUND FACILITIES. Information about an operator's
underground facilities which is provided to a person by an operator and must be accurate to
within 18 inches measured horizontally from the outside edge of each side of such operator's
facility, or a strip of land 18 inches either side of the operator's field mark or the marked
width of the facility plus 18 inches on each side of the marked width of the facility. (2)
AUTHORITY. The Underground Damage Prevention Authority created under Section 37-15-10.1. (3)
AUTHORITY BOARD. The Underground Damage Prevention Board created under Section 37-15-10.1.
(4) BLASTING. The use of an explosive device for the excavation of earth, rock, or other material
or the demolition of a structure. (5) CONTRACT LOCATOR. Any person contracted with an operator
specifically to determine and mark the approximate location of the...
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37-15-4
Section 37-15-4 Notice of intent to excavate or demolish. (a) A permit issued pursuant to law
authorizing excavation or demolition operations shall not be deemed to relieve a person from
the responsibility for complying with this chapter. Any public agency issuing such permit
shall notify the person receiving the permit of the notification requirements of this chapter;
however, failure to provide such notification shall not make the State Department of Transportation
subject to the penalties provided for in Section 37-15-10. (b) Before commencing any excavation
or demolition operation prohibited by Section 37-15-3, each person responsible for the excavation
or demolition shall give telephonic or electronic notice of the intent to excavate or demolish
to the underground facility operator or the "One-Call Notification System" acting
on behalf of the operator at least two but not more than 10 working days prior to the start
of the proposed excavation, not including the day of...
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37-15-5
Section 37-15-5 Underground damage prevention program. (a) Until January 1, 2027: (1) Operators
who have underground facilities within this state shall participate in and utilize the services
of the One-Call Notification System. (2) Operators that are members of the One-Call Notification
System on January 1, 2020, must remain members. (3) Operators with more than 25,000 customers
or 500 miles of facilities, that are not members, must join the One-Call Notification System
by January 1, 2021. (4) Operators that do not meet the thresholds described in subdivision
(2) or (3), must join the One-Call Notification System by January 1, 2022. (5) Operators of
electrical underground facilities that join the One-Call Notification System under the requirements
of subdivision (3) or (4) having less than five percent underground trench miles compared
to the total miles of line, are not subject to the membership costs until their underground
trench miles exceed the trench mile exemption. These...
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37-15-3
Section 37-15-3 Prohibition. No person shall excavate in a street, highway, public easement,
private easement, or implied easement of an operator, or on property of an operator, or conduct
blasting operations, or perform demolition activities in the near proximity of an operator's
underground facility without first having ascertained, in the manner prescribed in Sections
37-15-4 and 37-15-6, the location of all underground facilities in the area of the proposed
excavation, blasting, or demolition; however, violation of this section shall not subject
any person to the civil penalties of Section 37-15-10 provided the easement or underground
facility is located on property owned by such person and such person did not have knowledge
of the existence or presence of such easement or underground facility. (Acts 1994, No. 94-487,
p. 911, ยง3.)...
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37-15-4.1
Section 37-15-4.1 Design or survey locate requests. THIS SECTION WAS AMENDED BY ACT 2019-407
IN THE 2019 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) Any person may submit a design or survey locate request to the One-Call Notification System.
The design or survey locate request shall describe the tract or parcel of land for which the
design or survey locate request has been submitted with sufficient particularity as defined
by policies developed and promulgated by the One-Call Notification System to enable the facility
operator to ascertain the precise tract or parcel of land involved and state the name, address,
telephone number, and facsimile number of the person who has submitted the design or survey
locate request and the company name of the project owner. (b) Within five working days after
a design or survey locate request has been submitted to the One-Call Notification System for
a proposed project, the operator shall respond by one...
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37-15-8
Section 37-15-8 Precaution to avoid damage. In addition to the notification requirements of
Section 37-15-4, each person responsible for an excavation or demolition operation designated
in Section 37-15-3, when performing excavation or demolition within the tolerance zone, shall
do all of the following to avoid damage to or minimize interference with the underground facilities:
(1) Determine the location of any marked underground facility utilizing noninvasive methods
of excavation. For parallel type excavations, the existing facility shall be exposed at intervals
as often as necessary to avoid damages. (2) Maintain a clearance of at least 18 inches between
any underground facility and the cutting edge or point of mechanized equipment. (3) Provide
such support for underground facilities in and near a construction area, including backfill
operations, as may be reasonably required by the operator for the protection of the utilities.
(4) Protect and preserve the markings of approximate...
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37-15-10
Damage Prevention Fund for the exclusive use of the authority. The expenditures of monies in
the Underground Damage Prevention Fund shall be at the discretion of the authority board to
carry out its duties under this chapter. Excess funds shall be used to support public awareness
programs and training and education of excavators, operators, locators, and other persons
to reduce the number and severity of violations of this chapter. (f) This chapter does not
affect any civil remedies for personal injury or property damage or criminal
sanctions except as otherwise specifically provided for in this chapter. (g) Evidence of findings
of fact, civil penalties, or any of the actions or proceedings pursuant to this chapter shall
not be admissible in any other civil causes of actions related to the excavation or damage
for which the penalty or fine was issued; however, these materials are discoverable in civil
actions arising from the facts herein. This chapter does not limit any...
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9-16-90
/occupiers in such areas prior to any blasting; b. Maintain for a period of at least three
years and make available for public inspection upon request a log detailing the location of
the blasts, the pattern and depth of the drill holes, the amount of explosives used per hole,
and the order and length of delay in the blasts; c. Limit the type of explosives and detonating
equipment, the size, the timing and frequency of blasts based upon the physical conditions
of the site so as to prevent (i) injury to persons, (ii) damage to public and private
property outside the permit area, (iii) adverse impacts on any underground mine, and (iv)
change in the course, channel, or availability of ground or surface water outside the permit
area; d. Require that all blasting operations be conducted by trained and competent persons
as certified by the regulatory authority; e. Provide that upon the request of a resident or
owner of a man-made dwelling or structure within one-half mile of any portion of...
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9-16-72
commission and this article. (5) IMMINENT DANGER TO THE HEALTH AND SAFETY OF THE PUBLIC. The
existence of any condition or practice, or any violation of a permit or other requirement
of this article in a surface coal mining and reclamation operation, which condition, practice,
or violation could reasonably be expected to cause substantial physical harm to persons outside
the permit area before such condition, practice, or violation can be abated. A reasonable
expectation of death or serious injury before abatement exists if a rational person,
subjected to the same conditions or practices giving rise to the peril, would not expose himself
or herself to the danger during the time necessary for abatement. (6) LICENSE. An authorization
issued pursuant to Section 9-16-81 which identifies persons eligible to conduct surface coal
mining and reclamation operations. (7) OPERATOR. Any person conducting surface coal mining
and reclamation operations and includes permittees and their...
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