Page 11 - Tennessee 811 Magazine 2022 Issue 3

Update from the Underground Utility Damage Enforcement Board
2021 saw legislative changes that impacted Tennessee’s damage prevention law. A notable
change is the increased civil penalty
for violations of the law. Penalties for
a second or subsequent violation have increased from $2,500 to up to
$10,000. The maximum civil
penalty now for violations of the Underground Utility Damage Prevention Act that are deemed
the result of gross negligence, or
willful or wanton misconduct is $15,000. Utility companies found
to be in violation for not joining
the one-call service are now
subject to civil penalties. There
are also requirements for using
hand digging methods in the safety zone and submitting damage notices to the one-call service or the DIRT database system through the Common Ground Alliance. The Board also instituted administrative operating Rules.
As a partner in safety, you are encouraged to file complaints of alleged
violations with the Enforcement Board. In an effort to promote the safety of underground utility facilities, excavators and utility companies alike can impact safety by understanding the law and utilizing the complaint process as a way
By program staff at the Tennessee Public Utility Commission
days to allow utility companies time to mark their lines before beginning excavation/demolishing activities.
• Utilize safe excavation practices such as hand tools, avoiding the use
of mechanized equipment in
the safety zone, and observing whether there is a presence of an unmarked line in the excavation area.
• Contact 811 to refresh locate tickets three (3) days prior to ticket expiration if excavation is not completed.
Complaints of alleged violations
of the Underground Utility Damage Prevention Act can be filed online at https://www.tn.gov/tpuc/ divisions/uudp-underground-utility- damage-prevention/uudp-online- underground-utility-damage- complaint-form.html. For questions regarding Tennessee’s damage prevention program, please contact (615) 741-2904 or tra.uudp@tn.gov.
of educating safe practices and reducing damages to underground facilities.
Excavation safety measures include:
• Contact 811 before excavating/ demolishing.
• Wait the required three (3) business
2022, Issue 3 Tennessee811 • 9