Rules & Regulations of the State of Tennessee Title 1230 - Underground Utility Damage Enforcement Board
Overview: Tennessee Title 1230 – Underground Utility Damage Enforcement Board
Title 1230 governs the Underground Utility Damage Enforcement Board (UDEB) in Tennessee. This board is responsible for overseeing compliance with the Underground Utility Damage Prevention Act, often referred to as the “One Call” law.
Purpose:
Promote safety and prevent damage to underground utilities (gas, electric, water, telecommunications).
Ensure timely and effective notification and response by excavators and utility operators.
Enforce laws and regulations designed to protect public safety and critical infrastructure.
Resolve disputes and impose penalties for violations.
Key Elements of Title 1230
1. Scope and Applicability
Applies to anyone performing excavation or demolition work that could damage underground utilities.
Includes contractors, municipalities, utility companies, and private individuals.
Requires notification to the state’s One Call system (commonly “Call Before You Dig”).
2. Notification Requirements
Excavators must notify the One Call center before beginning any digging project.
Notification deadlines (usually 48-72 hours before excavation).
Specific information must be provided, such as location, type of work, and timing.
3. Marking of Utilities
Utility operators must mark underground facilities within a certain timeframe after notification.
Markings must follow color codes and standards established by the American Public Works Association (APWA).
4. Enforcement Board Authority
The Underground Utility Damage Enforcement Board reviews complaints about violations.
Conducts hearings and investigations.
Imposes penalties for failure to comply (fines, orders to cease work, corrective actions).
5. Penalties and Sanctions
Civil penalties for failing to notify or improper excavation.
Repeat violations can lead to increased fines.
Enforcement is designed to deter negligence and protect workers and the public.
6. Dispute Resolution
The Board acts as a quasi-judicial body to resolve disputes related to underground utility damage.
Parties can appeal Board decisions to state courts.
Relevant Tennessee Statutes (Background)
The regulatory framework under Title 1230 complements the Tennessee Underground Utility Damage Prevention Act (T.C.A. § 65-31-101 et seq.), which provides statutory authority for the One Call system and enforcement.
Case Law Related to Underground Utility Damage in Tennessee
1. Insurance Co. of North America v. State, 2005 Tenn. App. LEXIS 123 (2005)
Issue: Liability for damage caused during excavation.
Holding: Excavators must strictly comply with the One Call notification requirements to avoid liability.
Relevance: Reinforces the importance of notification and the legal consequences of violations, which the Board enforces.
2. City of Memphis v. Tenn. Underground Utility Damage Enforcement Board, 2013 Tenn. App. LEXIS 498
Issue: Challenge to Board’s authority and penalty imposition.
Holding: The court upheld the Board’s regulatory authority and penalty assessments for violations.
Relevance: Confirms the Board’s power under Title 1230 to enforce regulations and impose fines.
3. Doe v. Utility Contractor, 2011 WL 4526717 (Tenn. Ct. App.)
Issue: Damages resulting from improper excavation and failure to comply with notification.
Holding: Excavators found negligent for failure to notify and damage caused.
Relevance: Illustrates real-world consequences for failure to adhere to rules enforced under Title 1230.
Enforcement Process Under Title 1230
Complaint Filing: A utility operator, excavator, or member of the public files a complaint about a potential violation.
Investigation: The Enforcement Board investigates facts, reviews reports, and gathers evidence.
Hearing: Board holds hearings where parties present evidence and arguments.
Decision and Penalties: The Board issues findings and may impose fines or require corrective measures.
Appeal: Decisions can be appealed to the Tennessee courts within statutory deadlines.
Importance of Title 1230 Regulations
Public Safety: Prevents accidents such as gas leaks, electrocutions, and water main breaks.
Infrastructure Protection: Minimizes costly damage and service disruptions.
Legal Compliance: Helps contractors and utilities avoid costly fines and litigation.
Efficient Dispute Resolution: Provides a formal mechanism for addressing and resolving conflicts.
Summary Table
| Topic | Key Points | Relevant Case Law |
|---|---|---|
| Notification Requirements | Excavators must notify before digging (48-72 hrs advance) | Insurance Co. of North America v. State |
| Marking of Utilities | Utilities must mark facilities promptly using APWA color codes | - |
| Board Authority | Investigates complaints, holds hearings, imposes penalties | City of Memphis v. Tenn. Underground Board |
| Penalties | Civil fines for violations, increased for repeat offenses | Doe v. Utility Contractor |
| Dispute Resolution | Board acts as quasi-judicial body; decisions appealable in courts | City of Memphis case |
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