
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC6103]

 
                        TITLE 49--TRANSPORTATION
 
              SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
 
               CHAPTER 61--ONE-CALL NOTIFICATION PROGRAMS
 
Sec. 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;
        (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.

(Added Pub. L. 105-178, title VII, Sec. 7302(a), June 9, 1998, 112 Stat. 
479.)

                  Section Referred to in Other Sections

    This section is referred to in sections 6101, 6104, 6107 of this 
title.
