Utility Damage Responsibility - Failure to Request or Maintain Valid Locate

Effective Date: July 15, 2025

 Approved By: Benton County Water District #1 PWA of the State of Arkansas Board of Directors

Purpose

To establish clear guidelines and penalties for damages to utility infrastructure when excavation occurs without a valid utility locate request or with an expired locate.

 Scope

This policy applies to all contractors, homeowners, developers, and any other individuals or entities performing excavation activities within the service area of Benton County Water District #1.

 Policy

 1.   Locate Requirement:

All excavators are required to contact Arkansas 811 before beginning any excavation. A valid locate ticket must be obtained and remain valid during all excavation activities.

Expired tickets must be renewed prior to any further excavation.

If excavation is occurring near a major main line, the contractor may be required to hand dig or use a vacuum excavation (Vac-Tron) method to safely expose the line. These precautions are mandatory in high-risk areas and shall be performed at the contractor's expense.

2.  Violation of Locate Requirements:

If a utility line is damaged and it is determined that:

-  No locate ticket was requested, or

- The locate ticket was expired or invalid at the time of excavation,

then the party responsible for the excavation will be held fully accountable.

3.  Penalties and Cost Recovery:

Any party in violation of this policy shall be subject to:

-  A minimum fine of $250, and

-  Full reimbursement for:

-  Labor and equipment costs,

-  Parts and materials,

-  Estimated water loss,

-  Administrative and emergency response expenses incurred by the District.

4.  Payment Terms:

All fines and reimbursable costs must be paid within 30 calendar days of invoicing by Benton County Water District #1. Failure to pay within 30 days will result in the incident being reported to the Arkansas Attorney General's Underground Facilities Damage Prevention Program for further enforcement and possible civil penalties under Arkansas law.

5.  Reporting and Enforcement:

Damages must be reported to the District immediately. An internal investigation will determine fault and costs. The District may pursue legal recovery if payment is not made.

6.  Exceptions:

Liability for damages will not apply under the following circumstances:

-  The excavator had a valid, active locate ticket at the time of the damage and followed all reasonable precautions;

-  Benton County Water District #1 personnel were onsite and involved in directing or approving excavation activities near utility lines;

-  District staff gave the excavator explicit verbal or written authorization to proceed in a specific area, even if that area may involve potential contact with unknown or hard-to­ locate lines;

-  The location of the line was uncertain or could not be determined despite a valid locate and good faith efforts to expose the line safely;

-  The damage occurred in an area where no locate marks were provided, and no indication of a utility line was given.

Related Documents

-  Arkansas Underground Facilities Damage Prevention Act

-  Benton County Water District #1 Excavation and Locate Request Procedures

Contact

Operations Supervisor

Benton County Water District #1

479-636-0002 I management@bentoncountywater.com