49 U.S.C. § 6103 : US Code - Section 6103: Minimum standards for State one-call notification programs

Search 49 U.S.C. § 6103 : US Code - Section 6103: Minimum standards for State one-call notification programs

(a) Minimum Standards. - In order to qualify for a grant under
section 6106, a State one-call notification program shall, at a
minimum, provide for -
(1) appropriate participation by all underground facility
operators, including all government operators;
(2) appropriate participation by all excavators, including all
government and contract excavators; and
(3) flexible and effective enforcement under State law with
respect to participation in, and use of, one-call notification
systems.
(b) Appropriate Participation. - In determining the appropriate
extent of participation required for types of underground
facilities or excavators under subsection (a), a State shall
assess, rank, and take into consideration the risks to the public
safety, the environment, excavators, and vital public services
associated with -
(1) damage to types of underground facilities; and
(2) activities of types of excavators.
(c) Implementation. - A State one-call notification program also
shall, at a minimum, provide for and document -
(1) consideration of the ranking of risks under subsection (b)
in the enforcement of its provisions;
(2) a reasonable relationship between the benefits of one-call
notification and the cost of implementing and complying with the
requirements of the State one-call notification program; and
(3) voluntary participation where the State determines that a
type of underground facility or an activity of a type of
excavator poses a de minimis risk to public safety or the
environment.
(d) Penalties. - To the extent the State determines appropriate
and necessary to achieve the purposes of this chapter, a State one-
call notification program shall, at a minimum, provide for -
(1) administrative or civil penalties commensurate with the
seriousness of a violation by an excavator or facility owner of a
State one-call notification program;
(2) increased penalties for parties that repeatedly damage
underground facilities because they fail to use one-call
notification systems or for parties that repeatedly fail to
provide timely and accurate marking after the required call has
been made to a one-call notification system;
(3) reduced or waived penalties for a violation of a
requirement of a State one-call notification program that results
in, or could result in, damage that is promptly reported by the
violator;
(4) equitable relief; and
(5) citation of violations.