Current through the 2024 Fourth Special Session
Section 54-8a-6 - Duties and liabilities of an excavator(1) Damage to an underground facility by an excavator who excavates but fails to comply with Section 54-8a-4, is prima facie evidence that the excavator is liable for any damage caused by the negligence of that excavator.(2)(a) An excavator is not liable for a civil penalty under this chapter if the excavator has:(i) given proper notice of the proposed excavation as required in this chapter;(ii) marked the area of the proposed excavation as required in Section 54-8a-4;(iii) complied with Section 54-8a-5.5; and(iv) complied with Section 54-8a-7.(b) An excavator is liable for damage incurred by an operator if: (i) the operator complies with Section 54-8a-5; and(ii) the damage occurs within the tolerance zone.Amended by Chapter 369, 2024 General Session ,§ 6, eff. 5/1/2024.Amended by Chapter 426, 2011, 2011 General Session.