Enforcement of Act 287 as amended
On April 28, 2018, legislation supporting the One Call System in Pennsylvania was enacted. PA Act 287, as amended by PA Act 50 of 2017, moved the responsibility for enforcement from the PA Department of Labor & Industry to the Pennsylvania Public Utility Commission (PUC). http://www.puc.state.pa.us/utility_industry/transportation/pipeline_safety/pa_one_call_enforcement.aspx
What does this mean for Pennsylvania One Call System, Inc. stakeholders? Here are 4 things you should know:
- “Alleged Violation” means an instance when a person by action or inaction fails to fulfill an obligation of PA Act 287, as amended. Examples of an alleged violation include line damage, failure to place a One Call in advance of excavation or failure to respond to One Call notifications. There are many other types of alleged violations.
- “Alleged Violation Report” is the completion of an online form by a stakeholder to record the instance of an alleged violation to the PUC. The form is located here: www.paonecall.org/enforcement.
- Who reports alleged violations, and when? All One Call stakeholders are obligated to report violations of PA Act 287, as amended. Timeframes are as follows:
Project Owners and Excavators: Not more than ten (10) business days.
Facility Owners and Designers: Not more than thirty (30) business days.
In other words, if an excavator damages a line, they have ten (10) business days to report the damage to the PUC by completing an Alleged Violation Report at www.paonecall.org/enforcement . The facility owner who owns or operates the damaged line has thirty (30) business days to report the incident, as does the designer. The Project Owner who hired the excavator to do the work is also obligated to report the damage to the PUC within ten (10) business days.
- How do I report an Alleged Violation? If you are an excavator, or a facility owner, or a project owner, or a designer, and believe a violation of PA Act 287, as amended, has occurred, you are obligated to report. You can do so with these 4 steps:
1. Go to this page: www.paonecall.org/enforcement
2. Click on this link: Report an Alleged Violation
3. Log in to the site. If you do not have a user id and password, create one first.
4. Complete the form and click <Submit>.
5. What happens next? The information is provided to the PUC who will investigate alleged violations, meet and review alleged violations with the Damage Prevention Committee monthly in Harrisburg, and communicate warnings, penalties, or other actions under Act 287, as amended.
It is important to note that Pennsylvania One Call System, Inc. does not enforce PA Act 287, as amended.
PA One Call does not Mark Lines. The Facility Owner or their contractor mark the lines.
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