§ 37-15-1 Purpose and intent
§ 37-15-2 Definitions
§ 37-15-3 Prohibition
§ 37-15-4 Notice of intent to excavate or demolish
§ 37-15-4.1 Design or survey locate requests
§ 37-15-5 Underground damage prevention program
§ 37-15-6 Response to notice of intent to excavate or demolish
§ 37-15-7 Emergency excavation or demolition
§ 37-15-8 Precaution to avoid damage
§ 37-15-9 Excavation or demolition damage
§ 37-15-10 Penalties
§ 37-15-11 Liberal construction

Terms Used In Alabama Code > Title 37 > Chapter 15

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • APPROXIMATE LOCATION OF UNDERGROUND FACILITIES: Information about an operator's underground facilities which is provided to a person by an operator and must be accurate to within 18 inches measured horizontally from the outside edge of each side of such operator's facility, or a strip of land 18 inches either side of the operator's field mark or the marked width of the facility plus 18 inches on each side of the marked width of the facility. See Alabama Code 23-2-121
  • authority: The Alabama Toll Road, Bridge, and Tunnel Authority created by this article, or any board, body, or commission succeeding to the principal functions thereof or to which the powers given by this article to the authority shall be given by law. See Alabama Code 23-2-142
  • blasting: The use of an explosive device for the excavation of earth, rock, or other material or the demolition of a structure. See Alabama Code 23-2-121
  • commission: The Alabama Public Service Commission;

    (6) FEDERAL SAFETY STANDARDS. See Alabama Code 37-4-90

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • CONTRACT LOCATOR: Any person contracted with an operator specifically to determine and mark the approximate location of the operator's utility lines that exist within the area specified by a notice served on the "One-Call Notification System. See Alabama Code 23-2-121
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • cost: As applied to a toll road, bridge, or tunnel project, the cost shall include, but not be limited to, the following:

    a. See Alabama Code 23-2-142

  • damage: Includes, but is not limited to, the substantial weakening of structural or lateral support of an underground facility, penetration or destruction of any underground facility's protective coating, housing, or other protective device, and the severance (partial or complete) of any underground facility, but does not apply to any operator's abandoned underground facility. See Alabama Code 23-2-121
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • demolition: Any operation by which a structure or mass of material is wrecked, razed, rendered, moved, or removed by means of any tools, equipment, or explosives. See Alabama Code 23-2-121
  • department: The State Department of Transportation. See Alabama Code 23-2-142
  • Dependent: A person dependent for support upon another.
  • DESIGN OR SURVEY LOCATE REQUEST: Any communication to the "One-Call Notification System" or an in-house program of an operator which meets the operational requirements of receiving those excavation or demolition notifications described in subsection (a) of Section 37-15-5, specifically to request existing underground facilities to be located for bidding, predesign, or advance planning purposes. See Alabama Code 23-2-121
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • EMERGENCY EXCAVATION OR DEMOLITION: An excavation or demolition that is required to eliminate an imminent danger to life, health, property, or the environment or required for the repair or restoration of operator service that is required to be performed before the notification and response procedures required in Section 37-15-4 and 37-15-6 may be fully utilized. See Alabama Code 23-2-121
  • excavator: Any person who engages in excavation. See Alabama Code 23-2-121
  • IMPLIED EASEMENT: Any unwritten easement or right-of-way on private property required to provide utility or other services by means of underground facilities on property of the owner requesting such service. See Alabama Code 23-2-121
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • MECHANIZED EQUIPMENT: Equipment powered or energized by any motor, engine, hydraulic, or pneumatic device and is used for excavation or demolition work including, but not limited to, tractors, trenchers, bulldozers, power shovels, augers, backhoes, scrapers, pile drivers, drills, cable and pipe plows, or other equipment used for plowing-in or pulling-in cable or pipe. See Alabama Code 23-2-121
  • member: A person who participates in the "One-Call Notification System" to receive services and is in good standing with the "One-Call Notification System" in accordance with the guidelines set forth in the corporation's bylaws. See Alabama Code 23-2-121
  • NOTIFICATION AREA: An area or territory which an operator designates as the area where the operator wishes to receive notifications for any excavation in that area. See Alabama Code 23-2-121
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • operator: Any person, governmental agency, or political subdivision, or its agents, who owns or operates a public or private underground facility which furnishes services, information, or materials, or transports or transmits electric energy, light, water, steam, oil, gases, gas, mixture of gases, petroleum, petroleum products, hazardous or flammable liquids, toxic or corrosive fluids and gases, or items of like nature, and telecommunications, cable television, water, drainage, sewage, or other systems of like nature. See Alabama Code 23-2-121
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: Any individual, firm, joint venture, partnership, corporation, association, or joint stock association and includes any trustee, receiver, assignee, or personal representative thereof engaged in the transportation of hazardous liquids. See Alabama Code 37-4-90
  • person: An individual, joint venture, partnership, association, authority, cooperative, firm, corporation, governmental entity, or any subdivision or instrumentality of that entity and its employees, agents, or legal representatives. See Alabama Code 23-2-121
  • TOLERANCE ZONE: The width of the underground facility plus 18 inches on either side of the outside edge of the underground facility on a horizontal plane. See Alabama Code 23-2-121
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • UNDERGROUND FACILITY: Any cable, pipeline, duct, wire, conduit, or other similar installation, installed underground or underwater, by which an operator transports or delivers materials, information, or services. See Alabama Code 23-2-121