§ 54-8a-2. Definitions.

     As used in this chapter:

(1) "Association" means two or more operators organized to receive notification of excavation activities in a specified area, as provided by Section 54-8a-9.

(2) "Board" means the Underground Facilities Damage Dispute Board created in Section 54-8a-13.

(3) "Emergency" means an occurrence or suspected natural gas leak necessitating immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.

(4) "Excavate" or "excavation" means an operation in which earth, rock, or other material on or below the ground is moved or displaced by tools, equipment, or explosives.

(5) "Excavator" means any person or entity that excavates or conducts excavation activities.

(6) "48 hours" means a 48-hour period occurring during business days which includes any day except Saturday, Sunday, or a legal holiday.

(7) "Hand tool" means an implement:

(a) powered by hand; or

(b) designed to avoid damaging an underground facility, including a vacuum excavation tool and air knife.

(8) "Location" means the site of a proposed area of excavation described:

(a)

(i) by street address, if available;

(ii) by the area at that street address to be excavated; and

(iii) as specified in Subsection 54-8a-4(3) or 54-8a-5(2)(b)(ii); or

(b) if there is no street address available, by the area of excavation using any available designations, including a nearby street or road, an intersection, GPS coordinates, or other generally accepted methods.

(9) "Location request assignment" means a number assigned to a proposed excavation by an association or operator upon receiving notice of the proposed excavation from the excavator.

(10)

(a) "Operator" means a person who owns, operates, or maintains an underground facility.

(b) "Operator" does not include an owner of real property where underground facilities are:

(i) located within:

(A) the owner's property; or

(B) a public street adjacent to the owner's property, a right-of-way adjacent to the owner's property, or a public utility easement adjacent to the owner's property;

(ii) used exclusively to furnish services to the owner's property; and

(iii) maintained under the operation and control of that owner.

(11) "Person" includes:

(a) an individual, government entity, corporation, partnership, association, or company; and

(b) the trustee, receiver, assignee, and personal representative of a person listed in Subsection (11)(a).

(12) "Sewer lateral cleanout" means a point of access where a sewer lateral can be serviced.

(13) "24 hours" means a 24-hour period, excluding hours occurring during a Saturday, Sunday, or a legal holiday.

(14) "Underground facility" means personal property that is buried or placed below ground level for use in the storage or conveyance of any of the following:

(a) water;

(b) sewage, including sewer laterals;

(c) communications, including electronic, photonic, telephonic, or telegraphic communications;

(d) television, cable television, or other telecommunication signals, including transmission to subscribers of video or other programming;

(e) electric power;

(f) oil, gas, or other fluid and gaseous substances;

(g) steam;

(h) slurry; or

(i) dangerous materials or products.

Amended by Chapter 426, 2011 General Session