Page 9 - Alabama 811 Magazine 2021 Issue 2

Legislative Corner
Alabama’s Underground Damage Prevention legislation has been enacted since
1994. Over the years there have been amendment to strengthen and improve the damage prevention program in our state. We will focus on some of the key terms and sections to ensure a thorough understanding of
the underground damage prevention as outline in Alabama state law.
Alabama Statute 37-15-4: Notice of Intent to Excavate or Demolish
This Section, §37-15-4, outlines the responsibilities and process required in notification of proposed excavation. The section focused on here is subsection (e) which states:
When engaged in extensive and contiguous construction, demolition, or excavation activity, working agreements may be established to accomplish the intent and purpose of this chapter between operators, public agencies, and contractors AFTER initial compliance with the notification provisions of this chapter.
It becomes very easy to get into the routine of a two working day notice, but not all excavation projects are
of the nature that can be located in
a two working day period prior to excavation. This may be due to the length of the project, the expected time it will take to complete the project or
simply due to the number of existing facilities in the ground in the area
that must be identified and worked around. Alabama’s law has always
had this provision to allow for a large project to be worked out between involved parties to locate as needed in conjunction with exactly how the work is to be performed. The law allows in subsection (b) of this section that a locate request notice can be from 2 to
10 working days prior to the start of excavation. Allowing for any additional notification time for the facility owners to schedule a locator to mark is a big help. But if the job is larger than that, the initial notice can be given, and a meeting requested to allow for involved parties to communicate the size and scope of the project and come to an agreed upon locating schedule to ensure it is marked timely to reduce any risk of damage and maintain a safe work site.
The Alabama Damage Prevention Alliance (ADPA) currently has a task team established to look at potentially a better way to address these large scope or large project locate requests. The goal is to better streamline this process for all involved to make
it clear to understand. If you are interested in participating, the task team would appreciate your expertise and comments. To get involved, contact Annette Bowman at
abowman@al811.com.
2021, Issue 2 Alabama 811 • 7