§ 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
§ 37-15-10.1 Underground Damage Prevention Authority
§ 37-15-10.2 Violations; complaints; dispute and hearing; judicial review
§ 37-15-11 Liberal construction

Terms Used In Alabama Code > Title 37 > Chapter 15

  • 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 37-15-2
  • authority: The Underground Damage Prevention Authority created under Section 37-15-10. See Alabama Code 37-15-2
  • AUTHORITY BOARD: The Underground Damage Prevention Board created under Section 37-15-10. See Alabama Code 37-15-2
  • 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 37-15-2
  • commission: The Alabama Public Service Commission;

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

  • 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 37-15-2
  • 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 37-15-2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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 37-15-2
  • Dependent: A person dependent for support upon another.
  • DESIGN OR SURVEY LOCATE REQUEST: Any communication to the "One-Call Notification System" specifically to request existing underground facilities to be located for bidding, predesign, or advance planning purposes. See Alabama Code 37-15-2
  • Devise: To gift property by will.
  • 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 37-15-2
  • excavator: Any person who engages in excavation. See Alabama Code 37-15-2
  • EXECUTIVE COMMITTEE: The executive committee created under Section 37-15-10. See Alabama Code 37-15-2
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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 37-15-2
  • 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 37-15-2
  • 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 37-15-2
  • NEAR MISS: An event where damage did not occur, but a clear potential for damage was identified. See Alabama Code 37-15-2
  • NONINVASIVE METHOD OF EXCAVATION: A method of excavation that does not compromise the integrity of the underground facility. See Alabama Code 37-15-2
  • 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 37-15-2
  • ONE-CALL NOTIFICATION SYSTEM: A non-profit corporation, a public corporation, or a governmental entity which will provide a statewide notification service, for the purpose of receiving statewide telephonic toll-free or electronic notification of any planned excavation or demolition activities by excavators or other persons as set forth in Section 37-15-4 and distributing the required excavation or demolition information to its affected member operators as set forth in Section 37-15-5. See Alabama Code 37-15-2
  • 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 37-15-2
  • 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 37-15-2
  • POSITIVE RESPONSE: The communication among member operators, persons excavating, and the "One-Call Notification System" concerning the status of locating an underground facility. See Alabama Code 37-15-2
  • preceding: means next before. See Alabama Code 1-1-1
  • premark: To delineate the general scope of the excavation on the surface of the ground using white paint, white stakes, or other similar white markings. See Alabama Code 37-15-2
  • ROUTINE ROADWAY MAINTENANCE: Maintenance work on a roadway that is not done pursuant to a contract awarded by a state or local government through a bid process for which plan drawings have been developed in advance or work for which detailed and specific scheduling is not possible or feasible. See Alabama Code 37-15-2
  • Statute: A law passed by a legislature.
  • 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 37-15-2
  • 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 37-15-2
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • WILLFUL NONCOMPLIANCE: The intentional refusal or failure to perform, or comply with, a duty created or imposed by this chapter or by the rules adopted pursuant to this chapter. See Alabama Code 37-15-2
  • WORKING DAY: A 24-hour period commencing the beginning of the start of the next working day from the time of receipt of the notification, excluding Saturday, Sunday, and the following nine holidays: New Year's Day, Memorial Day (observed), Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday following Thanksgiving Day, Christmas Eve, and Christmas Day. See Alabama Code 37-15-2
  • WORKING DAY HOURS: The time from 7:00 a. See Alabama Code 37-15-2