Alabama § 37-15-9 - Excavation or Demolition Damage.

§ 37-15-9. Excavation or Demolition Damage.

(a) Each person responsible for any excavation or demolition operation that results in any damage to an underground facility, immediately upon discovery of the damage, shall notify the operator of the facility of the location of the damage or the One-Call Notification System operating on behalf of the underground facility owner and shall allow the operator reasonable time to accomplish any necessary repairs before completing the excavation or demolition in the immediate area of the damage to the facility.

(b) In addition to subsection (a), each person responsible for any excavation or demolition shall immediately report to the operator or the One-Call Notification System operating on behalf of the underground facility owner and appropriate law enforcement agencies and fire departments any damage to an underground facility that results in escaping flammable, corrosive, explosive, or toxic liquids or gas and shall take reasonable actions necessary to protect persons or property and to minimize safety hazards until those law enforcement agencies and fire departments and the operator arrive at the underground facility.

(c) If an event damages any pipe, cable, or its protective covering, or other underground facility, or there is a significant near miss that could have resulted in damage, the operator receiving the notice shall file a report with the One-Call Notification System. Reports must be submitted annually to the system, for the prior calendar year by the deadline date established for the prior year reporting, or more frequently at the option and sole discretion of the operator. Each report must describe, if known, the cause, nature, and location of the damage. The One-Call Notification System shall establish and maintain a process to facilitate submission of reports by operators or persons excavating.

(d) A public agency shall not be liable for physical or other damages that occur to an underground facility during the course of performing routine roadway maintenance when the underground facility was installed within the public right-of-way in violation of the public agency’s requirements or not in accordance with the utility permit under which the installation was performed.