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Tennessee Code Title 65. Public Utilities and Carriers § 65-31-107

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) 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.

(b)(1) All operators are required to join the one-call service and utilize the services of the notification center as follows:

(A) Operators that are members of the existing one-call service on May 20, 2015, shall remain members;

(B) 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;

(C) 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;

(D) 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

(E) 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 penalties described in § 65-31-112.

(2) 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.

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

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

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

(f) The one-call service may collect data concerning notice issues related to excavation projects encompassing more than two thousand feet (2,000′) within a contiguous geographical area, or that will take more than ninety (90) days to complete. The one-call service may utilize such data to recommend alternatives to the board that would alleviate the number of repeated additional notices required on such excavation projects by § 65-31-106.

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Cite this article: FindLaw.com - Tennessee Code Title 65. Public Utilities and Carriers § 65-31-107 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-65-public-utilities-and-carriers/tn-code-sect-65-31-107/

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