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Reporting Alleged Violations

An Alleged Violation Report (AVR) must be submitted when there is a suspected violation of the One Call Law. 

For example, an AVR must be filed when:

  • Excavation begins without first calling 811;
  • There is a failure to respect the tolerance zone around marked facilities; or
  • There is a failure to report damage to underground facilities.

You must have a Pennsylvania One Call System web account to submit an AVR. The report should be submitted to the Pennsylvania Public Utility Commission through the One Call System pursuant to the timeframe set forth in the One Call Law.

Timeframes for AVR Submission

Facility Owner

Submit an AVR not more than 30 business days after receipt of notice that the facility owner's lines have been damaged by excavation or demolition work or if the facility owner believes a violation of this act has been committed in association with excavation or demolition work.

Designer

Submit an AVR not more than 30 business days from the time the designer becomes aware that a violation of this act may have been committed.

Excavator

Submit an AVR not more than 30 days after striking or damaging a facility owner's line during excavation or demolition or if the excavator believes a violation of this act has been committed in association with excavation or demolition work.

Project Owner

Submit an AVR not more than 30 days after striking or damaging a facility owner's line during excavation or demolition work activities, after a project owner's contracted excavator strikes or damages a facility owner's line during excavation or demolition activities or if the project owner believes a violation of this act has been committed in association with excavation or demolition.

Alleged Violation Report Flowchart

AVR Flowchart - PDF 

1. Stakeholder Submits Alleged Violation Report

  • AVRs are submitted to the PUC through PA One Call at www.pa1call.org
  • AVRs are reviewed, paired, and may be assigned to a PUC Damage Prevention Investigator
    (DPI).

2. Investigation

  • DPI requests additional information and AVRs from other stakeholders if necessary.
  • DPI reviews all information and makes recommendation about potential violations, penalties, and education.
  • Investigation goes through internal review and Damage Prevention Committee (DPC) review.

3. Notice of Investigation - Violations, Penalties & Education

  • Stakeholder receives notice of the investigation and the recommended violations, penalties,
    and education.
  • Stakeholder has twenty days to (1) accept findings and the case proceeds to a DPC meeting as an omnibus case or (2) dispute findings and present their case at a future DPC meeting.

4. Disputing to the DPC

  • Disputing stakeholders are notified of the DPC meeting by first class mail and electronically if an email address is available.
  • Stakeholders can attend DPC meeting in-person, remotely via phone, or Microsoft Teams.
  • DPC hears from disputing stakeholders and votes on the disputed case at the DPC meeting.

5. DPC Informal Determination

  • After voting on the case, the DPC sends an Informal Determination letter notifying the
    stakeholder that they are required to (1) accept the DPC findings by paying the penalty and
    completing education (if required) within 60 days or (2) reject the DPC findings within 30 days.
  • Parties that do not pay or complete education within 60 days shall receive an additional
    penalty of $100/day up to $5,000 per each unpaid violation and unattended education.

6. Accept DPC Informal Determination

  • If the stakeholder accepts the DPC's Informal Determination, the penalty must be paid within 60 days. Payment can be made online through the PUC's Damage Prevention Payment Portal or by check mailed to: Damage Prevention Section, 400 North Street 2nd Floor, Harrisburg, PA 17120.
  • Stakeholders must take the required education within 60 days and complete a test with a
    passing score of 80% or higher. Stakeholders are notified about the type of training  required (Facility Owner, Project Owner, Designer, Excavator) and all providers who offer the required training.

7. Reject DPC Informal Determination

  • If the stakeholder rejects the DPC's Informal Determination within 30 days, the case is sent to the PUC prosecutor staff who conduct an independent investigation, which may result in the filing of a Formal Complaint and hearing before an Administrative Law Judge.

Need More Help?

If you can't find what you're looking for here, please contact the PA Public Utility Commission. Call us at 1-800-692-7380 or contact us online.

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