Public-domain · open source
OpenJurist

Tenn. Code Ann. § 65-31-107

Operator associations for mutual receipt of notifications

Known as the Underground Utility Damage Prevention Act

The act spans §§ 65-31-101 to 65-31-120 (20 sections).

Acts 1978, ch. 692, § 7; T.C.A., § 65-3207; Acts 1993, ch. 223, § 13; 1996, ch. 855, §§ 1-3; 1999, ch. 73, § 3; 2006, ch. 686, § 6; 2015, ch. 488, § 3; 2018, ch. 716, §§ 2, 3.

(1) Subject to the requirements of subsection (b), operators may form and operate a one-call service providing for mutual receipt of notifications of excavation or demolition operations, pursuant to § 65-31-106, in a defined geographical area. Any operator that suffers damage as a result of not participating in a one-call service providing for receipt of the notification of excavation or demolition operations in a defined geographic area, pursuant to § 65-31-106, waives the right to recover damages to the operator's underground utilities from the excavator; provided, that the provisions of this chapter were met by the excavator.

(2) All operators are required to join the one-call service and utilize the services of the notification center as follows: Operators that are members of the existing one-call service on May 20, 2015, shall remain members;

(3) Operators with more than fifty thousand (50,000) customers served underground or one thousand (1,000) miles of facilities underground, who are not members, shall join the one-call service no later than January 1, 2016;

(4) Operators with more than twenty-five thousand (25,000) customers served underground or five hundred (500) miles of facilities underground, who are not members, shall join the one-call service no later than January 1, 2017;

(5) All operators that do not meet the thresholds described in subdivision (b)(1)(A), (b)(1)(B), or (b)(1)(C) shall join the one-call service no later than January 1, 2018; and

(6) Failure of an operator as described in this subdivision (b)(1) to join the one-call service and utilize the services of the notification center in accordance with this section is a violation of this chapter and subjects the operator to the fines and penalties described in § 65-31-112.

(7) This subsection (b) shall not apply to operators whose total amount of underground facilities constitutes less than twenty percent (20%) of their total utility plant in service.

(8) There shall be only one (1) one-call service for this state.

(9) The one-call service shall provide for a proportional method of apportioning the cost of operating the notification center among its members.

(10) The one-call service shall provide training for those who have violated this chapter, unless otherwise determined by the board.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.