United States Code

USC most recently checked for updates: Aug 08, 2022

§ 6103.
Minimum standards for State one-call notification programs
Minimum Standards.—
In general.—
In order to qualify for a grant under section 6106, a State one-call notification program, at a minimum, shall provide for—
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.
Exemptions prohibited.—
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.
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—
damage to types of underground facilities; and
activities of types of excavators.
A State one-call notification program also shall, at a minimum, provide for and document—
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.
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—
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.
(Added Pub. L. 105–178, title VII, § 7302(a), June 9, 1998, 112 Stat. 479; amended Pub. L. 107–355, § 2(a), Dec. 17, 2002, 116 Stat. 2985; Pub. L. 112–90, § 3(a), Jan. 3, 2012, 125 Stat. 1906.)
cite as: 49 USC 6103