(a) Any person may submit a design locate request to the one-call service. The design locate request shall:

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Terms Used In Tennessee Code 65-31-118

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Design locate request: means a communication to the one-call service in which a request for locating existing utility facilities for predesign or advance planning purposes is made. See Tennessee Code 65-31-102
  • Location: means the proposed area for which digging or excavating is scheduled within three (3) to ten (10) working days, such area not to exceed two thousand feet (2,000') in length unless an excavator and an operator or an operator's designated representative, such as a one-call service, agree to a larger area. See Tennessee Code 65-31-102
  • One-Call Service: means a telephone notification service described in §. See Tennessee Code 65-31-102
  • Operator: means any person who owns or operates a utility. See Tennessee Code 65-31-102
  • Person: means any individual. See Tennessee Code 65-31-102
  • Proposed area of excavation: means a general surface location which excavators are to furnish to operators of underground utilities or to a one-call service as defined in §. See Tennessee Code 65-31-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) Describe the tract or parcel of land for which the design locate request has been submitted with sufficient particularity, as defined by policies developed by the one-call service, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; and
(2) State the name, address, and telephone number of the person who has submitted the design locate request, as well as the name, address, and telephone number of any other person authorized to review any records subject to inspection under subdivision (b)(1)(C).
(b)

(1) Within fifteen (15) working days after a design locate request has been submitted to the one-call service for a proposed project, the facility owner or operator shall respond by one (1) of the following methods:

(A) Designate or cause to be designated by a locator under § 65-31-108, the location of all utility facilities and sewer laterals within the area of the proposed excavation;
(B) Provide to the person submitting the design locate request the best available description of all utility facilities and sewer laterals in the area of proposed excavation, which might include drawings of utility facilities and sewer laterals already built in the area, or other facility records that are maintained by the facility owner or operator; or
(C) Allow the person submitting the design locate request or any other authorized person to inspect or copy the drawings or other records for all utility facilities and sewer laterals within the proposed area of excavation.
(2) In the event that the one-call service charges a fee to a member operator for design location notification, the utility operator may recover that fee from the requestor.
(c) Upon responding pursuant to subsection (b), the facility owner or operator shall provide the response to the one-call service in accordance with one-call service procedures.
(d) An operator may reject a design locate request based upon homeland security considerations pending the operator obtaining additional information confirming the legitimacy of the request. The operator shall notify the person making the request of the denial and may request additional information through the positive response system provided by the one-call service.
(e) Nothing in this section shall supersede any federal, state, or local laws governing the confidentiality of the location of utility facilities.
(f) Any utility operator responding to a design locate request under this section shall not be liable for any damages associated with the response to the request.
(g) Nothing in this chapter shall amend, alter, or affect title 54, chapter 5, part 8.
(h) A design locate request shall not be used for excavation purposes.
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