Rules & Regulations of the State of Tennessee Title 1230 - Underground Utility Damage Enforcement Board
Title 1230 of the Tennessee Compilation of Rules & Regulations pertains to the Underground Utility Damage Enforcement Board. This board was established in 2015 by the Tennessee General Assembly (Tenn. Code Ann. § 65-31-114) as part of the Underground Utility Damage Prevention Act (often referred to as the "Dig Law" or "Call Before You Dig Law").
The primary purpose of the Underground Utility Damage Enforcement Board is to prevent harm to people, property, and underground utility facilities by enforcing the provisions of the Underground Utility Damage Prevention Act. This Act aims to ensure that excavators (anyone digging, demolishing, or otherwise disturbing the earth) take necessary precautions to avoid damaging buried utility lines.
Here's a general overview of what Title 1230 and related Tennessee law cover regarding this board and its functions:
Key Provisions and Functions:
Enforcement of the Underground Utility Damage Prevention Act: The Board is the body responsible for ensuring compliance with the "Call Before You Dig" law. This law mandates that excavators notify Tennessee 811 at least three (3) working days (72 hours, excluding weekends and holidays) before beginning any excavation.
Complaint and Investigation Process:
Filing a Complaint: Anyone who has experienced or witnessed a probable violation of the Underground Utility Damage Prevention Act can file a complaint with the Tennessee Public Utility Commission (TPUC). Complaints should generally be filed within 90 days of becoming aware of the alleged violation.
Investigation: The TPUC provides administrative and investigative support to the Enforcement Board. They will investigate complaints to determine if a violation has occurred.
Imposition of Penalties: The Enforcement Board, specifically its Executive Committee, is responsible for levying penalties and taking action on confirmed violations. Penalties can include:
Mandatory training concerning compliance with the Act.
Civil monetary penalties, which can be significant (e.g., up to $15,000 per incident for serious violations).
For local governments, fines are generally not imposed unless there's a pattern of willful noncompliance.
Board Composition: The Board is comprised of seventeen (17) members from various stakeholder groups, including representatives from utilities, excavators, and other relevant industries, all committed to promoting safety. An Executive Committee, composed of five (5) members, is responsible for levying penalties.
Underground Damage Prevention Fund: The Act also establishes an Underground Damage Prevention Fund (Tenn. Code Ann. § 65-31-117), which may be funded by penalties collected.
Key Excavator Responsibilities (as enforced by the Board):
Call 811: Notify Tennessee 811 at least 3 full working days before excavation.
Wait: Do not dig until the utilities have marked their lines or confirmed there are no lines in the area (via Tennessee 811's Positive Response System).
Respect the Marks: Understand and respect the utility markings.
Tolerance Zone: Use caution and hand-dig within the "tolerance zone" (typically 24 inches on either side of the marked utility line).
Notify of Damage: If damage occurs, immediately notify the utility owner and 811, even if the damage seems minor. Do not attempt to repair the facility or backfill the site until the utility owner has responded.
Damage Reporting: Damaged facilities must be reported using the Damage Information Reporting Tool (DIRT) or by filing a damage notice with the one-call service.
Where to Find the Official Rules and File Complaints:
Tennessee Public Utility Commission (TPUC): The TPUC website is the primary source for information regarding the Underground Utility Damage Enforcement Board, including how to file a complaint. They offer an "Online Damage Prevention Complaint Form."
Tennessee Secretary of State's website: This is the official repository for the complete text of Title 1230 of the Tennessee Compilation of Rules & Regulations.
Tennessee 811 website: This website provides extensive information about the "Call Before You Dig" process, safety guidelines, and often directs users on how to report violations.
The rules and regulations under Title 1230 are vital for protecting critical infrastructure, preventing injuries, and ensuring safe excavation practices throughout Tennessee.
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