Page 11 - May June 2016 Vol 34 No1
P. 11
STATEWIDE By Kathy Quartermaine
Updates to 811–Call Before You Dig
After six years of hard work, research and Regulatory Authority has no jurisdiction of damages through the Damage Informa-
compromise, HB 1337/SB 379 were passed over enforcing the law. Upon receipt of a tion Reporting Tool (DIRT).
to update and strengthen the existing Ten- complaint of violation of the chapter, the
nessee Underground Damage Prevention Executive Committee will initiate an inves- New in the act is a requirement that all
Act. The new law was signed by Governor tigation of the complaint by requesting that underground utilities owned by an opera-
Haslam in May 2015. To see the entire law, an employee of the Tennessee Regulatory tor installed on or after January 1, 2017
you can visit www.tennessee811.com or visit Authority investigate the complaint and must be installed in a manner that will
the mobile app “TN811.” (The app is avail- that the findings will be handed over to make them locatable using a generally ac-
able on the Play Store and App Store.) the Board for action. The investigator can cepted electronic locating method.
issue a notice of violation and may require
The bill updates the definition of excava- the excavator to cease work or not start a Another provision to the law recognizes
tion activities to provide guidance for local proposed excavation until the excavator a Design Locate Request. This type of ticket
governments, TDOT and railroads for complies with the law. Depending on the is defined as “a communication to the one-
routine road or railroad maintenance. outcome of the investigation, training and/ call service in which a request for locat-
or fines will be ordered. The person issued ing existing utility facilities for predesign
The current criminal penalties are being the citation may ask for a hearing. or advance planning purposes is made.”
replaced with more manageable civil penal- Within 15 days of the request, the facility
ties that will require training as a first line Appointments to the Board will be made owner must respond in one of three ways.
of action. Second and subsequent viola- by the Governor, the Speaker of the Senate Those choices are:
tions will require training or a fine not to and the Speaker of the House of Represen- • Locate all utility facilities and sewer
exceed $2,500 per incident, or both. If any tatives.
violation was the result of gross negligence laterals within the proposed excavation.
or willful or wanton misconduct as deter- To ensure everyone’s safety, all operators • Provide to the person submitting the
mined by the Executive Committee of the meeting the designated specifications will
Damage Enforcement Board, the violator be required to join the one-call service. request the best available description of
will be required to complete a course of Membership will be phased in over a three all utility facilities and sewer laterals in
training concerning compliance with the year period as follows: the area of proposed excavation, which
TCA 65-31 and pay a civil penalty in an • Operators with more than 50,000 might include drawings of utility facili-
amount set by the Executive Committee ties and sewer laterals already in the area,
of the Damage Enforcement Board, not to customers served underground or 1,000 or other facility records that are main-
exceed $5,000. TCA 65-31 defines willful miles of facilities underground who are tained by the facility owner or operator.
non-compliance as “the intentional refusal not members must join no later than • Allow the person submitting the design
or failure to perform, or comply with, a January 1, 2016. locate request or any other authorized
duty created or imposed by this chapter • Operators with more than 25,000 cus- person to inspect or copy the drawings
or by rules promulgated pursuant to this tomers served underground or 500 miles or other records for all utility facilities
chapter.” of facilities underground who are not and sewer laterals in the proposed area
members must join no later than January of excavation.
With the passing of this bill, an Enforce- 1, 2017. Once the facility owner or operator
ment Board made up of 15 stakeholders • Operators who don’t meet the above has responded to the design request, they
will be created to enforce the law. The thresholds must join no later than Janu- must provide that response in the Positive
Enforcement Board will be housed at the ary 1, 2018. Response system.
Tennessee Regulatory Authority for admin- In addition to mandatory membership, The updates to the bill will allow for
istrative purposes only. The Tennessee the new law requires mandatory reporting more manageable enforcement and ensure
everyone’s safety with locatable utilities.
View online at tnpublicworks.com 11
Updates to 811–Call Before You Dig
After six years of hard work, research and Regulatory Authority has no jurisdiction of damages through the Damage Informa-
compromise, HB 1337/SB 379 were passed over enforcing the law. Upon receipt of a tion Reporting Tool (DIRT).
to update and strengthen the existing Ten- complaint of violation of the chapter, the
nessee Underground Damage Prevention Executive Committee will initiate an inves- New in the act is a requirement that all
Act. The new law was signed by Governor tigation of the complaint by requesting that underground utilities owned by an opera-
Haslam in May 2015. To see the entire law, an employee of the Tennessee Regulatory tor installed on or after January 1, 2017
you can visit www.tennessee811.com or visit Authority investigate the complaint and must be installed in a manner that will
the mobile app “TN811.” (The app is avail- that the findings will be handed over to make them locatable using a generally ac-
able on the Play Store and App Store.) the Board for action. The investigator can cepted electronic locating method.
issue a notice of violation and may require
The bill updates the definition of excava- the excavator to cease work or not start a Another provision to the law recognizes
tion activities to provide guidance for local proposed excavation until the excavator a Design Locate Request. This type of ticket
governments, TDOT and railroads for complies with the law. Depending on the is defined as “a communication to the one-
routine road or railroad maintenance. outcome of the investigation, training and/ call service in which a request for locat-
or fines will be ordered. The person issued ing existing utility facilities for predesign
The current criminal penalties are being the citation may ask for a hearing. or advance planning purposes is made.”
replaced with more manageable civil penal- Within 15 days of the request, the facility
ties that will require training as a first line Appointments to the Board will be made owner must respond in one of three ways.
of action. Second and subsequent viola- by the Governor, the Speaker of the Senate Those choices are:
tions will require training or a fine not to and the Speaker of the House of Represen- • Locate all utility facilities and sewer
exceed $2,500 per incident, or both. If any tatives.
violation was the result of gross negligence laterals within the proposed excavation.
or willful or wanton misconduct as deter- To ensure everyone’s safety, all operators • Provide to the person submitting the
mined by the Executive Committee of the meeting the designated specifications will
Damage Enforcement Board, the violator be required to join the one-call service. request the best available description of
will be required to complete a course of Membership will be phased in over a three all utility facilities and sewer laterals in
training concerning compliance with the year period as follows: the area of proposed excavation, which
TCA 65-31 and pay a civil penalty in an • Operators with more than 50,000 might include drawings of utility facili-
amount set by the Executive Committee ties and sewer laterals already in the area,
of the Damage Enforcement Board, not to customers served underground or 1,000 or other facility records that are main-
exceed $5,000. TCA 65-31 defines willful miles of facilities underground who are tained by the facility owner or operator.
non-compliance as “the intentional refusal not members must join no later than • Allow the person submitting the design
or failure to perform, or comply with, a January 1, 2016. locate request or any other authorized
duty created or imposed by this chapter • Operators with more than 25,000 cus- person to inspect or copy the drawings
or by rules promulgated pursuant to this tomers served underground or 500 miles or other records for all utility facilities
chapter.” of facilities underground who are not and sewer laterals in the proposed area
members must join no later than January of excavation.
With the passing of this bill, an Enforce- 1, 2017. Once the facility owner or operator
ment Board made up of 15 stakeholders • Operators who don’t meet the above has responded to the design request, they
will be created to enforce the law. The thresholds must join no later than Janu- must provide that response in the Positive
Enforcement Board will be housed at the ary 1, 2018. Response system.
Tennessee Regulatory Authority for admin- In addition to mandatory membership, The updates to the bill will allow for
istrative purposes only. The Tennessee the new law requires mandatory reporting more manageable enforcement and ensure
everyone’s safety with locatable utilities.
View online at tnpublicworks.com 11
