1. (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. (2)

   1. (a) An excavator is not liable for a civil penalty under this chapter if the excavator has:

      1. (i) given proper notice of the proposed excavation as required in this chapter;
      2. (ii) marked the area of the proposed excavation as required in Section 54-8a-4;
      3. (iii) complied with Section 54-8a-5.5; and
      4. (iv) complied with Section 54-8a-7.

   2. (b) An excavator is liable for damage incurred by an operator if:

      1. (i) the operator complies with Section 54-8a-5; and
      2. (ii) the damage occurs within the tolerance zone.

Amended by Chapter 369, 2024 General Session