(a) 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 the damage, submit a damage notice to the one-call service, notify the operator of the utility of the location and nature of the damage, and allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of the utility.
Terms Used In Tennessee Code 65-31-111
Damage: includes the substantial weakening of structural or lateral support of an underground utility, penetration or destruction of any protective coating, housing or other protective device of an underground utility, the partial or complete severance of an underground utility and rendering any underground utility inaccessible. See Tennessee Code 65-31-102
Damage notice: means a notification made to the one-call service by a person who has caused damage to an underground facility. See Tennessee Code 65-31-102
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
demolition: means any operation by which a structure or mass of material is wrecked, razed, rendered, moved or removed by means of any tools, equipment, or discharge of explosives. See Tennessee Code 65-31-102
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Emergency: means a sudden or unforeseen occurrence involving a clear and imminent danger to life, health, or property. See Tennessee Code 65-31-102 v2
Location: means the proposed area for which digging or excavating is scheduled within three (3) to ten (10) working days, such area not to exceed two thousand feet (2,000') in length unless an excavator and an operator or an operator's designated representative, such as a one-call service, agree to a larger area. See Tennessee Code 65-31-102
(b) If an excavation or demolition results in damage to an underground utility that permits the escape of any flammable, toxic, or corrosive gas or liquid, then the person damaging the underground utility shall, immediately upon discovery of the damage, notify the operator, notify police and fire departments through the 911 service or other emergency communications system, submit a damage notice to the one-call service, and take any other action as may be reasonably necessary to protect persons and property and to minimize the hazards until arrival of the operator or police and fire departments.(c) The reporting requirements established in subsections (a) and (b) apply equally to all types of excavation or demolition activities. However, persons engaged in activities described in § 65-31-102(9)(B)(i)-(iv) are not required to submit a damage notice to the one-call service.(d) During initial excavation, if an underground utility is found to be unsound due to deterioration, then the person responsible for excavation shall immediately notify the utility company involved and allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of the utility.(e) The financial impact of all damages to underground utilities must be calculated using generally accepted accounting principles (GAAP).(f) Each operator whose utility facilities have been damaged as described in this section shall report the incident using the Damage Information Reporting Tool (DIRT) utilized by Common Ground Alliance or by filing a damage notice with the one-call system. If a report is made by filing a damage notice with the one-call service, then the one-call service may submit a report of the incident report to DIRT.
