[Effective Until 7/1/2024]

(a) Any person who violates this chapter, or the rules promulgated under this chapter, shall be subject to a civil penalty as follows:

Terms Used In Tennessee Code 65-31-112

  • Blasting: means the use of an explosive device for the excavation of earth, rock, or other material or the demolition of a structure. See Tennessee Code 65-31-102
  • 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
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Excavator: means any person who engages in activities described in subdivisions (A) and (B) in the definition of "excavate" contained in this section. See Tennessee Code 65-31-102
  • Executive committee: means the executive committee created by §. See Tennessee Code 65-31-102
  • One-Call Service: means a telephone notification service described in §. See Tennessee Code 65-31-102
  • Operator: means any person who owns or operates a utility. See Tennessee Code 65-31-102
  • Person: means any individual. See Tennessee Code 65-31-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Willful noncompliance: means the intentional refusal or failure to perform, or comply with, a duty created or imposed by this chapter or by rules promulgated pursuant to this chapter. See Tennessee Code 65-31-102
(1) For a first violation, the violator shall complete a course of training concerning compliance with this chapter as determined by the executive committee;
(2) For a second or subsequent violation, the violator shall complete a course of training concerning compliance with this chapter as determined by the executive committee or pay a civil penalty in an amount set by the executive committee, not to exceed ten thousand dollars ($10,000) per incident, or both;
(3) Notwithstanding subdivisions (e)(1) and (2), if any violation was the result of gross negligence or willful or wanton misconduct as determined by the executive committee, the executive committee shall require the violator to complete a course of training concerning compliance with this chapter as determined by the executive committee and pay a civil penalty in an amount set by the executive committee, not to exceed fifteen thousand dollars ($15,000) per incident; and
(4) Operators who fail to join the one-call service and utilize the services of the notification center as required by § 65-31-107 are only subject to the civil penalties described in subdivisions (a)(2) and (3).
(b)

(1) For the purposes of this chapter, monetary civil penalties shall not be levied against any department of this state. In the event that a state department is found by the executive committee to be noncompliant, the executive committee may submit a notice of noncompliance to the department head along with a request for an action plan for future compliance.
(2) For the purposes of this chapter, monetary civil penalties shall not be levied against a county, city, town, utility district, or other political subdivision of this state unless the executive committee finds that the county, city, town, utility district, or other political subdivision of this state has engaged in a pattern of willful noncompliance with the requirements of this chapter.
(c) Except as provided in subsection (e), this section shall not limit any person’s right to pursue any additional civil remedy otherwise allowed by law.
(d) Any person who is required to complete a course of training under subsection (a) shall be responsible for paying for the cost of the training.
(e)

(1) Any excavator who violates this chapter may be issued a notice of violation by the inspector, and the inspector may require any excavator to cease work on any excavation, or not start a proposed excavation, until the excavator complies with this chapter.
(2) An excavator who complies with this chapter shall not be liable for damage that the excavator causes to an operator‘s underground facility, if:

(A) The operator received the notification required by § 65-31-106;
(B) The operator fails to locate its underground facilities as required by § 65-31-108; and
(C) The damage is a proximate result of the operator’s failure to locate its underground facilities as required by § 65-31-108.
(3)

(A) Any person who violates § 65-31-106 and whose subsequent excavation or blasting damages utility facilities or sewer laterals shall also indemnify the affected facility owner or operator and the one-call service against all claims or costs incurred, if any, for personal injury, property damage, or service interruptions resulting from damaging the utility facilities or sewer laterals.
(B) The requirements of subdivision (e)(3)(A) shall not apply to any state agency, county, city, town, utility district, or other political subdivision of this state.
(f) Any person who knowingly and willfully removes or otherwise destroys the stakes or other physical markings used to mark the horizontal route of an underground facility commits the offense of vandalism under § 39-14-408, and shall be subject to the punishment for vandalism under § 39-14-105.
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