§ 65-31-101. Short Title
This chapter may be cited as the “Underground Utility Damage Prevention Act.”
§ 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.
§ 65-31-104. Excavations Without Ascertainment of Underground Utilities Prohibited
Except as provided in § 65-31-109, no person may excavate in a street, highway, public space, a private easement of an operator or within one hundred feet (100′) of the edge of the pavement of a street or highway, or demolish a building, without giving the notice required by § 65-31-106 in the manner prescribed […]
§ 65-31-105. Filing Requirements for Utility Operators
Each operator, except operators participating in a one-call service, having underground facilities in a county, including those facilities that have been abandoned in place by the operator but not yet physically removed, shall file a notice with the register of deeds of the county that states that the operator has underground utilities located in that […]
§ 65-31-106. Notice of Intent to Excavate or Demolish
Except as provided in § 65-31-109, before beginning any excavation or demolition operation described in § 65-31-104, other than an impending emergency as defined in § 65-31-102, each person responsible for such excavation or demolition shall serve written, telephonic or e-mail notice of intent to excavate or demolish at least three (3) working days prior […]
§ 65-31-107. Operator Associations for Mutual Receipt of Notifications
Subject to the requirements of subsection (b), operators may form and operate a one-call service providing for mutual receipt of notifications of excavation or demolition operations, pursuant to § 65-31-106, in a defined geographical area. Any operator that suffers damage as a result of not participating in a one-call service providing for receipt of the […]
§ 65-31-108. Response to Notice of Intent to Excavate or Demolish
Each operator notified in accordance with § 65-31-106 shall stake or otherwise mark, prior to the noticed time of the proposed excavation or demolition, the surface of the tract or parcel of land affected by the excavation or demolition to indicate the approximate location of all its underground utilities that may be damaged as a […]
§ 65-31-109. Emergency Excavation or Demolition
Compliance with the notice requirements of § 65-31-106 is not required of any person responsible for emergency excavation or demolition, for repair or restoration of service or to ameliorate an imminent danger to life, health, or property; provided, that such person gives, as soon as practicable, oral notice of the emergency excavation or demolition to […]
§ 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 […]
§ 65-31-118. 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.
§ 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 […]