Page 11 - Arkansas 811

Please see below for some of the changes to the Arkansas Underground Facilities Damage Prevention Act that were made in the 2023 Legislative Session. Go to the Arkansas 811 website (www.arkansas811.com) to view the entire bill.
Six new definitions were added/amended:
• “Contract locator” means a person contracted by an operator specifically to determine the approximate location of underground facilities that may exist within the area specified by a notification issued by the One Call Center.
• “Excavate” was amended to specify dredging as an excavation activity.
• “Excavator” means a person that engages in demolition or excavation.
• “Extraordinary circumstances” means floods, snow, ice storms, tornadoes, earthquakes, or other natural disasters, or cybersecurity events involving the One Call Center’s system or the operator’s system.
• “Infrastructure project” means a telecommunication, fiber network, gas, water, sewer, or power and electric buildout that focuses on the development and placement of extensive underground facilities to support services provided by the facilities.
• “Mechanized equipment” does not include specialized equipment that is specifically designed to excavate without damaging underground facilities, including without limitation equipment that excavates using pressurized water or air coupled with a vacuum system.
Legislative Changes:
• Actions to enforce or recover penalties shall now be brought by the Attorney General, the county prosecutor, or the city attorney. Any person who violates the damage prevention act may be required to undergo training in underground facilities damage prevention according to a training program developed and administered by the One Call Center.
• For a first violation of the Underground Facilities Damage Prevention Act, causing damage, in a twelve-month period the person shall be ordered to undergo training provided by the One Call Center. For a second violation in a twelve-month period, the person shall be ordered to pay a civil penalty in an amount up to five thousand dollars for each violation; and for three or more violations in a twelve-month period, the person shall be ordered to pay a civil penalty in an amount up to ten thousand dollars for each violation.
• Unless otherwise agreed to in writing between the excavator 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.
• The operator shall provide an electronic positive response to the One Call Center before the expiration of the time provided. Directions on how to comply with this requirement can be found at www.arkansas811.com.
• The excavator shall confirm through the One Call Center’s electronic positive response system before excavation or demolition that all operators have responded and that all facilities that may be affected by the proposed excavation or demolition have been marked.
• As an excavator to check the Positive Response of your ticket go to www.arkansas811.com and click on Ticket Search. Then enter your ticket number and click on the Search button. Your ticket will then be displayed, scroll towards the bottom and you will see the list of utilities that were notified and their response.
• The excavator may begin excavation or demolition before the specified waiting period only if the excavator has confirmed that all operators have responded with an appropriate electronic positive response.
• When infrastructure projects are delayed or are lengthy in time and location, the operator and the excavator shall establish and maintain coordination regarding location, marking, and identification of the facilities until all excavation or demolition is completed.
• If multiple entities are carrying out excavation or demolition, then each entity is responsible for providing notice individually. (Sub-contractors will no longer be added, they will need to have their own ticket.)
If you have any questions about Positive Response please call: Stacey Bates – (501) 328-2543 Marc Vestal – (501) 328-2546
Any other questions please call: Kristin Bryant (501) 328-2545
2023, Issue 3 Arkansas 811 Magazine • 9