Federal · Title 49 — Transportation

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

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appropriate participation by all underground facility operators, including all government operators; appropriate participation by all excavators, including all government and contract excavators; and flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems. In order to qualify for a grant under section 6106, a State one-call notification program may not exempt municipalities, State agencies, or their contractors from the one-call notification system requirements of the program. damage to types of underground facilities; and activities of types of excavators. consideration of the ranking of risks under subsection (b) in the enforcement of its provisions; 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 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. administrative or civil penalties commensurate with the seriousness of a violation by an excavator or facility owner of a State one-call notification program; 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; 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; equitable relief; and citation of violations.

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