ENFORCEMENT ADVISORY
THE ARKANSAS UNDERGROUND FACILITIES DAMAGE PREVENTION ACT

July 20, 2023: This advisory is directed to all individuals and contractors that perform excavation or demolition activities and all operators of underground facilities.

The purpose of the Arkansas Underground Facilities Damage Prevention Act (AUFDPA) is to protect the public from the dangers associated with damaged underground facilities. The Arkansas General Assembly passed, and the Governor signed into law Act 309 of 2023, which amended the AUFPDA by establishing new penalties and mandatory training for persons who violate the provisions of the Act.

The Attorney General is authorized to enforce the provisions of the AUFDPA. Since the passage of Act 309, the Office of the Attorney General has received numerous complaints against people who violate the provisions of the Act and has initiated enforcement actions.

The Attorney General urges all people to excavate safely and comply with the AUFDPA. The Arkansas One Call Center offers a training program in underground facilities damage prevention should any person need help complying with the AUFDPA. The Attorney General will seek penalties pursuant to Act 309 against any person who repeatedly violates the AUFDPA.

Complaints of violations of the AUFDPA may be submitted to the Office of the Attorney General by completing the attached complaint form and submitting it and all supporting documentation to 811complaints@ArkansasAG.gov. The complaint form may also be downloaded at this link.

If you have any questions, contact the Public Protection Division at the Office of the Attorney General at (501) 682-2007 or at Consumer@ArkansasAG.gov.

File a complaint here.