§ 6103. — Minimum standards for State onecall notification programs.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[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, 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.
(Added Pub. L. 105-178, title VII, Sec. 7302(a), June 9, 1998, 112 Stat.
479; amended Pub. L. 107-355, Sec. 2(a), Dec. 17, 2002, 116 Stat. 2985.)
Amendments
2002--Subsec. (a)(1). Pub. L. 107-355, Sec. 2(a)(1)(A), inserted ``,
including all government operators'' before semicolon at end.
Subsec. (a)(2). Pub. L. 107-355, Sec. 2(a)(1)(B), inserted ``,
including all government and contract excavators'' before semicolon.
Subsec. (c). Pub. L. 107-355, Sec. 2(a)(2), substituted ``provide
for and document'' for ``provide for'' in introductory provisions.
Section Referred to in Other Sections
This section is referred to in sections 6101, 6104, 6107 of this
title.
