49 U.S.C. § 6103
Section 6103 · Minimum standards for State one-call notification programs
Viewing 49 U.S.C. § 6103 as in effect on June 9, 1998. The text changed in 2 later editions (most recent January 3, 2012).
View current version →(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;
(2) appropriate participation by all 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—
(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.