Page 3 - Arkansas 811

Publisher’s Perspective
Have you looked at Senate Bill 297? It’s not a new law. It’s the same law with some new language, and that language is important for
you to know. Accountability is an integral quality to possess in all walks of life. In the underground utility world, it is an imperative characteristic to possess. The amendments provided in SB 297 were developed to create a fairer and stronger damage prevention program. Here are just a couple of important changes to the Arkansas dig law that is now effective.
Electronic positive response (the following text is copied directly from www.arkansas811.com.)
Responding to the excavator is mandatory in the State of Arkansas.
In accordance with the amended section 14-271-110 of the Arkansas
Underground Facilities Damage Prevention Act, each operator of
underground facilities shall provide a Positive Response to the
notification center (i.e., Arkansas 811 via our Portal) before the expiration of the required notice period.
Facility operators registered with Arkansas 811 must now communicate the status of locate requests through the Positive Response feature in the Arkansas 811 Portal to excavators so excavators can confirm responses before excavation.
Excavators must check for a positive response at the notification center before excavating or demolishing to ensure that all operators have responded and that all facilities that may be affected by the proposed excavation or demolition have been marked.
A positive response does not relieve the excavator of their responsibility to use care when digging around underground facilities. Excavators should continue to check the excavation site, emails, voicemails, texts, etc. before calling Arkansas 811 to request an additional notice. Arkansas 811 is not responsible for any damage, loss or liability that may arise due to the use or misuse of ticket response status information.
How long does a utility or its representative have to locate following the notification of intent to excavate?
Unless otherwise agreed to in writing between the excavators and the operator or contract locator, within two working days after notification from the One Call Center, starting the working day after the notification of intent to excavate is received, the operator or contract locator shall identify the approximate location of the facilities by field marking on the surface by paint, dye, stakes, or any other clearly visible marking which designates the horizontal course of the facilities. For the purpose of measuring working days, the working day starts at 7:00 am on each business day.
In this issue of the magazine, we’ve reprinted Arkansas 811’s explanation of the new law and its impact on you as a stakeholder. We’ll continue to focus on the new law in upcoming issues. One of the things we’re looking to determine is how do you file a complaint against someone who has violated the dig law. I’m sure we’ll learn more in the upcoming weeks and months.
Stay tuned!
Roger Cox President ACTS Now, Inc.
2023, Issue 2
Arkansas 811 Magazine • 1