Q: Why am I getting an alleged violation complaint from the Alabama Underground Damage Prevention Authority (ALUDPA)?

A: The Alabama Underground Damage Prevention law was revised in 2019 with a new enforcement process. This process allows for alleged violations to be submitted on a complaint basis for review by the ALUDPA to determine if a violation of the State statute did occur. If you receive an alleged violation complaint, someone has filed a complaint with the ALUDPA alleging that you or your company has violated the Alabama Underground Damage Prevention law as part of an excavation activity. You can view this section of the Alabama statute at https://al811.com/law/.

Q: What am I to do if I receive an alleged violation complaint?

A: You can provide a RESPONSE to the alleged violation providing your information regarding the alleged violation. This can be done by selecting the Response option on the www.aludpa.org website and completing the online form. Provide any pictures or other documentation that supports your position. It is beneficial to the process for you to file a response so that the Authority Executive Committee has complete information to review.

 Response Form

Q: If I paid a damage repair invoice from the utility company does that offset any enforcement penalty?

A: No, damage repair costs are separate from any enforcement penalty action. Any penalty action is a result of a determination by the Alabama Underground Damage Prevention Authority that a violation of the Alabama Damage Prevention legislation occurred. It has nothing to do with any damage or resulting repairs by the facility owner.

Q: If I am given a monetary penalty with the option to waive the monetary penalty with training, what does this mean?

A: If the training is completed within 60 days of you being notified by the ALUPDA, you will not be required to pay the monetary penalty in addition to training. There may be times when a monetary penalty AND training is required without the option to waive the monetary penalty. Please read your determination letter closely to ensure you understand the penalty assessed.

Q: Can I pay the penalty and not take the training?

A: Yes, the ALUDPA’s goal is to educate on the requirements of the law, not to collect penalties. The preference is that an alleged violator complete the training to learn safe excavation and damage prevention requirements to reduce the potential for future damage but if the alleged violator chooses to pay the fine that is their option.

Q: Where do I pay the assessed penalty?

A: The penalty must be paid online at www.aludpa.org. The Authority cannot process a check or cash payments. You can click on the PAY PENALTY link on the website, and it will direct you to the website interface to pay the penalty. You will enter the violation penalty number included in your violation penalty letter (Ex. 24-16) and the date of the violation noted on the violation penalty letter (MM/DD/YYYY). Payment may be made via credit card or bank draft.

Pay Penalty

Q: If I do not agree with the determination made by the Authority Executive Committee, how do I appeal the decision?

A: If you do not agree with the determination, you may appeal it. If you submit an appeal, it will be heard by the entire Alabama Underground Damage Prevention Authority. The Authority will review the original information submitted and the appeal information.

To appeal you will need to complete the APPEAL form on the aludpa.org website. Provide all information you would like the Authority to have to review your position on why the alleged violation and penalty assessed is not valid.

Appeal Form

Q: Can I pay for the training with a check if I do not have a credit card to use?

A: If you need to pay for training via check, please contact Alabama 811 directly at 205.731.3200 to make payment arrangements. This is for TRAINING only, not to pay a monetary penalty assessment.