§ 65-31-110. Precautions to Avoid Damage
In addition to the notification requirements of § 65-31-106, each person responsible for any excavation or demolition operation designated in § 65-31-104 shall: Plan the excavation or demolition to avoid damage to and minimize interference with underground utilities in and near the construction area; Maintain a clearance between an underground utility and the cutting edge […]
§ 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 […]
§ 65-31-102. Chapter Definitions
As used in this chapter, unless the context otherwise requires: “Agricultural purposes,” for purposes of this chapter only, includes surface activities, such as plowing, planting, and combining, but does not include blasting, setting drainage tiles, subsoiling, or other subsurface activities; “Blasting” means the use of an explosive device for the excavation of earth, rock, or […]
§ 65-31-103. Permits Do Not Relieve Liability
A permit issued pursuant to law authorizing excavation or demolition operations shall not be deemed to relieve a person from the responsibility for complying with this chapter.