2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 31 - UNDERGROUND UTILITY DAMAGE PREVENTION ACT (§§ 65-31-101 — 65-31-120) › Section 65-31-112 - Civil penalties and remedies - Liability - Indemnification - Offense of Vandalism

(a)
A person who violates this chapter, or the rules promulgated under this chapter, is subject to a civil penalty as follows:
(1)
The violator shall pay a civil penalty in an amount set by the executive committee, not to exceed ten thousand dollars ($10,000) per incident. In addition to a civil penalty, the executive committee may require the violator to complete a course of training concerning compliance with this chapter as determined by the executive committee;
(2)
Notwithstanding subdivisions (e)(1) and (2), if a violation was the result of gross negligence or willful or wanton misconduct as determined by the executive committee, then the executive committee must 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;
(3)
Operators who fail to join the one-call service and utilize the services of the notification center as required by §
65-31-107
are subject to the civil penalties for violations of this chapter; and
(4)
Upon issuance of a civil penalty, board investigators may make offers of settlement to the respondent that may include training concerning compliance with this chapter in lieu of payment of civil penalties.
(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
.
Amended by 2024 Tenn. Acts, ch. 628,s 7, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 307, s 7, eff. 7/1/2021.
Amended by 2015 Tenn. Acts, ch. 488, s 6, eff. 5/20/2015.
Acts 1978, ch. 692, § 12; T.C.A., § 65-3212; Acts 1985, ch. 69, § 1; 1999, ch. 73, § 6; 2006, ch. 686, § 11.