Page 6 - West Virgina 811 Magazine 2020 Issue 4

West Virginia’s Civil Enforcement Status
Article submitted by Courtlandt Smith, WV811 Board President and Carrie Clendening, WVDPB Executive Director. All comments or questions should be directed to carrie@wv811.cTom.
he majority of state laws designate one or more agencies responsible for enforcement of one-call
laws. In 2017, only four states, Alaska, Kentucky, Montana and West Virginia, did not address who is to enforce the state damage prevention law. Twenty- three states granted enforcement powers to state public utilities commissions or state departments that oversee utilities in some way. Seventeen states designated the attorney general, a district attorney, other prosecuting attorneys, facility operators, or
other aggrieved parties, while three other states assigned enforcement
to codes inspectors and local law enforcement. Four states established bodies specifically responsible for enforcement of one-call laws: the Maryland Underground Facilities Damage Prevention Authority; the Mississippi Underground Facilities Damage Prevention Board; the South Dakota Statewide One-Call Notification
The civil enforcement process in West Virginia is complaint driven. The Board must receive an Alleged Violation Report before it can take civil enforcement action on a matter.
Board; and the Tennessee Underground Utility Damage Prevention Enforcement Board, which is under the Tennessee Regulatory Authority. Other states, such as Georgia, Indiana and Virginia, have established similar boards that serve in an advisory capacity to a state authority with the power to issue fines.
In 2018, West Virginia made changes to its One-Call Law and created
the Underground Facilities Damage Prevention Board (WVPDB), which was granted sole authority for
4 • West Virginia 811
2020, Issue 4