By now, many of you have heard that there is enforcement regarding West Virginia’s dig law. For example, if someone is digging without a One Call ticket, that is a violation of current law and the violator can be held accountable for the violation. Some have asked the question, “How do I report someone who is violating our dig law?”
That’s a fair question. In the Rules and Procedures adopted by the West Virginia Damage Prevention Board (WVDPB) Section 4-1-4 states that WV811 will provide a space on its website for individuals and facility owners to call and provide information regarding a violation. Additionally, Section 4-1-5 states that the
board shall also receive complaints via US mail, telephone and email. An Alleged Violation Report (AVR) form was created for the web as stipulated in the Rules and Procedures to allow anyone to submit a complaint against a company/person who may in be violation of the state’s dig law.
This form can be found on the Damage Prevention Board’s website at www.wvdpb.com.
Some have asked, “When should I submit an AVR or when should I report someone who is violating the dig law?” To this question there is no right or wrong answer. From the earliest days of working to include enforcement (education and/ or civil penalties) the idea of enforcement was promoted as a last resort. The hope was that stakeholders would continue to try to resolve issues in the field as they had done in the past and if resolution was not possible, enforcement was an additional step to be used to encourage behavioral change.
While you can submit a complaint by phone, mail or email, the advantage of submitting an AVR is it gives you a guide to provide information necessary to investigate the complaint. It also becomes available to the board or its representative as quickly as you hit the submit button.
The form requires you to enter your name and contact information including your email address and phone number. There could likely be questions regarding the complaint and without the proper contact information, it would be impossible to continue the investigation. Be sure to list your best contact information.
The Damage Prevention Board also wants to know whether a damage occurred as the result of the alleged violation. The required response is yes or no.
The most critical section of the AVR form is the information that identifies the location of the violation. Which includes “uploading photos and/or other documentary evidence.” Uploading a PDF or photo is really quite simple. Just click on the “File Upload” button and select the document(s) or photo(s) from your computer or phone that you want to submit and upload.
Submitting AVRs without any supporting documentation and/or photos will likely end in no violation and a lot of frustration. The more documentation you provide to support your alleged violation, the better your position. Any photos submitted will be even more effective if they are date and time stamped and helps tell the story of the violation. You can upload photos, documents, sketches, police reports, etc... any documentation that you think will prove your case conclusively.
You will also need to enter the person or company and their contact information (if known) that committed the allegedviolation. It is critical in the investigation process and in the penalty phase of the enforcement to know who the alleged violator is and some contact information for them.
There are five (5) types of alleged violations in the AVR under the heading of “Type of Alleged Violation.” This is a required field. Remember, a violation can occur without a damage and it is possible to have adamage where no violation has occurred. Here are five types of violations not associated with a damage.
• Excavating without a One
Call locate ticket
• Excavating early
• Failure to locate underground facility
• Did not locate facility in the required time
For more information about the AVR or the enforcement process, you may contact the Board at wvdamageprevention@gmail.com, call 304-657-4839 or visit the website at www.wvdpb.com and click on the “rules & procedures” icon.
Comments