Underground Utility Damage Notice of Alleged Violation FAQs

The Underground Utility Damage Enforcement Board (“Enforcement Board”) is charged with enforcement of the Tennessee Underground Utility Damage Prevention Act (the “Act”), Tenn. Code Ann. §65-31-101 et seq. The Enforcement Board has received an allegation that you and/or your organization violated the Act. The Act provides for the safety of persons, property, and underground infrastructure during excavating and demolishing projects.

 Have I already been found in violation?

You have NOT been found in violation at this time. The NAV is sent to inform you of what has been reported against  you. The investigation is pending a response from you. You must respond to the NAV with whether you agree or disagree with the allegation. If you DO NOT respond within 30 days, the investigation will proceed, and you may be found in violation based solely on the information provided by the complainant. 

Was I excavating?

The Underground Utility Damage Prevention Act (The Act) defines excavation activities as the movement, placement, or removal of earth, rock, or other materials in or on the ground by use of mechanized equipment, discharge of explosives, or by hand digging. Some of those activities include backfilling, blasting, boring, grading, scraping, shoveling, picking, post hole digging, vacuum excavating, or soft digging. The depth at which lines are buried is not a requirement in The Act and is not a defense to or a root cause of a complaint.

Are there exemptions to the law?

Routine road maintenance, and tilling or digging fence posts on private property more than 100 feet from the edge of the street and not in a recorded utility easement, are exempt activities under the law. Also, homeowners using hand tools or equipment on their own property or a utility company using hand tools for locating, repairing, connecting, protecting, or routine maintenance of their own underground facilities are exempt.

FAQs about the Notice of Alleged Violation (NAV)

What is the contact information for the Enforcement Board?

Underground Utility Damage Enforcement Board
502 Deaderick Street, 4th Floor
Nashville, TN 37243
Email: TRA.UUDP@tn.gov
Phone Number: 615-741-2904

 I disagree how do I respond?

Check option 1 on the response options page; return that document by email or mail to the above address. Please included a detailed statement of why you disagree, along with any documentation or photos that proves why you are not in violation. The investigator will continue the investigation with the evidence you provide.

I agree with the violation, what do I do next?

Check option 2 or 3 on the response options page, option 2 indicates you agree with the violation(s), and you would like to pay the smaller mitigated civil penalty and send three (3) employees to a training class. Option 3 indicates you agree with the violation(s) but would rather pay the civil penalty in full instead of attending training. After choosing an option, please sign and date the two-page consent agreement and return those three (3) documents by email or mail to the address listed above.

What is a mitigated civil penalty? 

Penalties for violations are administered pursuant to Tenn. Code Ann. § 65-31-112 and can range from mandatory violator compliance training to a civil penalty of up to $15,000 per violation. A mitigated (reduced) civil penalty amount may be offered to the Respondent in lieu of the full civil penalty amount, provided that the Respondent agrees to complete compliance training.

I hired a subcontractor, am I responsible for the violation? I was a subcontractor am I at fault?

Each person responsible for excavation activities are required to comply with requirements of the Act. If you receive a notice from the Enforcement Board and you hired a subcontractor, you should provide a statement saying who you hired, and provide documentation and contact information on the subcontractor. Staff will proceed with the investigation using the
information you provide.

I paid the utility company for the damage. Why do I have to pay the Enforcement Board?

Repair costs are not within the scope of the Act and should be addressed directly with the damaged utility or facility owner.

When do I pay the civil penalty and sign up for compliance training?

You will be notified of approval of the Consent Agreement. After approval notification, you will have thirty (30) days to remit payment of civil penalties, and ninety (90) days to complete training.