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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
Section 37-15-10 Penalties. (a) Any person who violates this chapter, or the rules adopted
under this chapter, shall be subject to a civil penalty as follows: (1) For a first violation,
the violator shall complete a course of training concerning compliance with this chapter or
pay a civil penalty in an amount not to exceed five hundred dollars ($500) per incident, or
both. (2) For a second or subsequent violation within a 12-month period, the violator shall
complete a course of training concerning compliance with this chapter or pay a civil penalty
in an amount not to exceed one thousand dollars ($1000) per incident, or both. (3) For a third
or subsequent violation within a 12-month period, the violator shall complete a course of
training concerning compliance with this chapter and pay a civil penalty in an amount not
to exceed three thousand dollars ($3,000) per incident. (4) Notwithstanding this subsection,
if any violation was the result of gross negligence or willful noncompliance,...
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9-16-90
Section 9-16-90 Environmental protection performance standards. (a) Any permit issued pursuant
to this article to conduct surface mining operations shall require that such surface coal
mining operations will meet all applicable performance standards of this article, and such
other requirements as the regulatory authority shall promulgate. (b) General performance standards
shall be applicable to all surface coal mining and reclamation operations and shall require
the operation as a minimum to: (1) Conduct surface coal mining operations so as to maximize
the utilization and conservation of the solid fuel resource being recovered so that reaffecting
the land in the future through surface coal mining can be minimized; (2) Restore the land
affected to a condition capable of supporting the uses which it was capable of supporting
prior to any mining, or higher or better uses of which there is reasonable likelihood, so
long as such use or uses do not present any actual or probable hazard to...
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9-16-72
Section 9-16-72 Definitions. The following words and phrases, unless a different meaning is
plainly required by the context, shall have the following meanings: (1) APPLICANT. Any person
or legal entity who or which applied for a license or a permit to engage in surface coal mining
operations. (2) APPROXIMATE ORIGINAL CONTOUR. That surface configuration achieved by filling
and grading of the mined area so that the reclaimed area, including any terracing or access
roads, closely resembles the general surface configuration of the land prior to mining and
blends into and complements the drainage pattern of the surrounding terrain, with all high
walls and spoil piles eliminated; water impoundments may be permitted where the commission
determines that they are in compliance with this article. (3) COAL BROKER and COAL SALES AGENCY.
Those persons whose principal business is the buying and reselling of coal, or the negotiation
or soliciting of coal sales between operators and purchasers; where...
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