Blog | Missouri 811

The One Call Law: Violations and Enforcement

Written by Missouri 811 | Dec 18, 2024 12:00:00 PM

Whether you're a homeowner installing a fence or a contractor breaking ground on a major project, you need to follow Missouri's One Call Law. Skip this step, and you could face fines of up to $10,000 per day, per violation. Violations of the One Call Law can lead to severe consequences, including damage to underground utilities, service disruptions, or even serious injuries. It’s crucial to understand how violations are enforced, how to report them, and what steps you can take to protect yourself legally and financially.

Let’s dig into the details—safely!

 

Understanding the One Call Law and Its Requirements

Missouri’s One Call Law is straightforward: before starting any excavation, you must place a locate request with Missouri 811. This ensures the public underground utility lines are properly marked, preventing accidental damage. The law requires you to submit your request at least three working days, but no more than 10 working days, before your project begins. In emergencies, expedited requests are allowed, but routine planning must follow this timeline.

Failing to submit a locate request is more than just a mistake—it’s a violation of state law. It puts workers and the public at risk while exposing you to substantial fines. For every day a violation continues, fines can reach up to $10,000 per day, per violation.

The One Call Law applies to everyone, from professional contractors to homeowners. Whether you’re digging for a small garden or a commercial foundation, the rules are the same. By following this simple step, you protect yourself from penalties and ensure your project proceeds safely.

 

The Role of Missouri 811 and Enforcement Agencies

It’s a common misconception that Missouri 811 enforces the One Call Law. In reality, Missouri 811’s role is to assist with the locate request process and provide resources to help prevent violations. They do not issue fines, investigate incidents, or mark the public underground utilities. 

Enforcement of the One Call Law falls under the jurisdiction of the Missouri Attorney General’s Office. When a violation is reported, it’s the Attorney General who investigates and imposes penalties if necessary. This separation ensures that Missouri 811 can focus on education, awareness, and assisting excavators with compliance while leaving enforcement to the appropriate legal authorities.

If you witness a violation, it’s crucial to document and report it. This helps the Attorney General’s Office address the issue effectively. Keep in mind, Missouri 811 provides training and resources to prevent future violations, which is especially helpful for those looking to correct past mistakes.

 

Steps to Document and Report a Violation

If you suspect a violation of the One Call Law, proper documentation is key. A well-documented report helps enforcement agencies like the Missouri Attorney General’s Office take appropriate action. Follow these steps to ensure your report is thorough and effective:

  1. Take Photos and Notes:
    Document the site with photos or videos. Capture clear images of any damage, unmarked utility lines, or excavation activity that took place without proper markings. Include timestamps if possible. Write down what you observed, including dates, times, and any relevant details.
  2. Identify the Parties Involved:
    Record information about the individuals or companies responsible for the excavation. If there are visible company logos, vehicle plates, or names, make note of them.
  3. Gather Witness Statements:
    If others saw the violation occur, collect their accounts. Witness statements can strengthen your report.
  4. Submit a Report:
    Contact the Missouri Attorney General’s Office to report the violation. You can find their contact information below:
    • Missouri Attorney General’s Office
      • One Call Unit
        State of Missouri Attorney General’s Office
        PO Box 899
        Jefferson City, MO 65102
      • Telephone: (573) 751-3161
      • Email: OneCallUnit@ago.mo.gov
  5. Use a Violation Letter Template:
    To streamline the process, Missouri 811 offers violation letter templates on their website. These templates guide you in drafting a formal letter to report the incident. You can access them here.

By taking these steps, you not only help enforce the law but also contribute to safer excavation practices in your community.

 

Penalties for Non-Compliance

Violating the One Call Law comes with serious financial and legal consequences. The penalties are designed to underscore the importance of safe digging and protect public safety.

  1. Fines:
    Each violation of the One Call Law can result in a fine of up to $10,000 per day, per violation. For ongoing violations, these fines can accumulate quickly, leading to significant financial liability.
  2. Liability for Damages:
    If a violation results in damage to underground utilities, the responsible party may be held liable for repair costs. Beyond the financial implications, utility disruptions can affect local residents and businesses, creating further complications.
  3. Safety Risks:
    Violating the One Call Law isn’t just a legal issue—it’s a safety concern. Damaging a gas line, water main, or electrical conduit can lead to injuries or even fatalities. The financial penalties pale in comparison to the potential human cost.

These penalties highlight why compliance is essential. It’s not just about avoiding fines—it’s about preventing accidents, protecting lives, and maintaining vital infrastructure.

 

Educational Resources and Prevention

Avoiding violations of the One Call Law starts with education. Missouri 811 is committed to providing the tools and resources necessary to help individuals and businesses dig safely and stay compliant with the law. If a violation has been committed, Missouri 811 offers training sessions to educate excavators and prevent future mistakes. These sessions are tailored to provide practical knowledge about the One Call Law, the locate request process, and safe digging practices.