§ 65-31-120. Clarification of Liability, Obligations and Reporting Requirements Related to Excavation Activities
Engaging in the activities described in the definition of “excavate” or “excavation” in § 65-31-102(8)(B) shall not remove or impose liability per se for damage to underground utilities. Nothing in the definition of “excavate” or “excavation” in § 65-31-102 shall remove the obligation of any excavator, whether engaged in excavation or in activities described in […]
§ 65-31-111. Notice of Excavation or Demolition Damage
Except as provided by subsection (b), each person responsible for any excavation or demolition operation described in § 65-31-104 that results in any damage to an underground utility shall, immediately upon discovery of such damage, notify the operator of such utility of the location and nature of the damage and shall allow the operator reasonable […]
§ 65-31-112. Civil Penalties and Remedies — Liability — Indemnification — Offense of Vandalism
Any person who violates this chapter, or the rules promulgated under this chapter, shall be subject to a civil penalty as follows: For a first violation, the violator shall complete a course of training concerning compliance with this chapter as determined by the executive committee; For a second or subsequent violation, the violator shall complete […]
§ 65-31-113. Severability
If any provisions of this chapter or the applicability thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.
§ 65-31-114. Underground Utility Damage Enforcement Board — Executive Committee
There is created within the Tennessee public utility commission, created by § 65-1-101, an underground utility damage enforcement board for the purpose of enforcing this chapter. The Tennessee public utility commission will provide administrative and investigative support for the board, both subject to concurrence by the board. Pursuant to § 65-2-122, the Tennessee public utility […]
§ 65-31-115. Powers and Duties of Board
The board has the power and authority to: Promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the conduct of the affairs of the board; Adopt a seal for the board, prescribe the style of the seal, and alter the seal at the board’s pleasure; and Make […]
§ 65-31-116. Investigation of Complaint of Violation of Chapter — Issuance of Citations — Hearing — Appeal — Petition for Review
Upon receipt of a complaint of a violation of this chapter, the executive committee shall initiate an investigation of the complaint by requesting that the Tennessee public utility commission designate an employee of the commission who will investigate the complaint at the executive committee’s direction. Any investigator acting at the direction of the executive committee […]
§ 65-31-117. Underground Damage Prevention Fund
There is created an underground damage prevention fund within the Tennessee public utility commission. All civil penalties collected pursuant to this chapter shall be deposited into the underground damage prevention fund. Any moneys remaining in the underground damage prevention fund at the end of the fiscal year shall not revert to the general fund, but […]
§ 65-31-118. Design Locate Request
Any person may submit a design locate request to the one-call service. The design locate request shall: Describe the tract or parcel of land for which the design locate request has been submitted with sufficient particularity, as defined by policies developed by the one-call service, to enable the facility owner or operator to ascertain the […]
§ 65-31-119. Administrative and Investigative Support of Tennessee Public Utility Commission Limited to Advisory Capacity
The administrative and investigative support provided by the Tennessee public utility commission is provided to the board in an advisory capacity only, and nothing in this chapter shall expand the jurisdiction of the Tennessee public utility commission in any way.