Full text of Utah Utah Code § 8a-8 — Civil penalty -- Exceptions -- Other remedies., with citation guidance and answers to common questions.
§ 8a-8. Civil penalty -- Exceptions -- Other remedies.
Effective 5/1/2024 54-8a-8.
Civil penalty -- Exceptions -- Other remedies.
(1)
A civil penalty may be imposed for a violation of this chapter as provided in this section.
(2)
A civil penalty under this section may be imposed on:
(a)
any person that violates this chapter in an amount no greater than $5,000 for each violation with a maximum civil penalty of $100,000 per excavation; or
(b)
an excavator that fails to provide notice of an excavation in accordance with Section 54-8a-4 in an amount no greater than $500 in addition to the amount under Subsection (2)(a), regardless of whether the excavation resulted in damage to a facility.
(3)
Notwithstanding Subsection (2)(a), a penalty under this chapter may not be imposed on an excavator or operator unless the excavator or operator fails to comply with this chapter and damages an underground facility.
(4)
The amount of a civil penalty under this section shall be made taking into consideration the following:
(a)
the excavator's or operator's history of any prior violation or penalty;
(b)
the seriousness of the violation;
(c)
any discharge or pollution resulting from the damage;
(d)
the hazard to the health or safety of the public;
(e)
the degree of culpability and willfulness of the violation;
(f)
any good faith of the excavator or operator; and
(g)
any other factor considered relevant, including the number of past excavations conducted by the excavator, the number of location requests made by the excavator and the number of location markings made for the excavator or by the operator.
(5)
"Good faith," as used in Subsection (4)(f), includes actions taken before the filing of an action for civil penalty under this section to:
(a)
remedy, in whole or in part, a violation of this chapter; or
(b)
mitigate the consequences and damages resulting from a violation of this chapter.
(6)
(a)
A civil penalty may not be imposed on an excavator if the damage to an underground facility results from an operator's:
(i)
failure to mark;
(ii)
inaccurate marking or locating of the operator's underground facilities; or
In addition to or in lieu of part of or all of a civil penalty, the excavator or operator may be required to undertake actions that are designed to prevent future violations of this chapter, including attending safety and compliance training, improving internal monitoring and compliance processes and procedures, or any other action that may result in compliance with this chapter.
(7)
Subsection (1) does not apply to an excavation made:
(a)
during an emergency, if reasonable precautions are taken to protect any underground facility;
(b)
in agricultural operations;
(c)
for the purpose of finding or extracting natural resources; or
(d)
with hand tools on property owned or occupied by the excavator.
(8)
(a)
A civil penalty under this section is in addition to any damages that an operator or an excavator may seek to recover.
(b)
In an action brought under this section, the prevailing party shall be awarded its costs and attorney fees as determined by the court.
Section 8a-8 ("Civil penalty -- Exceptions -- Other remedies.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 8a-8?
A common citation format is "Utah Code § 8a-8" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 8a-8 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
