Public Utilities and Carriers

CHAPTER 39-1.2
Excavation Near Underground Utility Facilities

SECTION 39-1.2-13

§ 39-1.2-13. Penalties.

(a) Any person or utility who violates any provision of this chapter shall be subject to a civil penalty of no more than three hundred fifty dollars ($350) for the first offense and not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) for any subsequent offense within a twelve (12) month period. The administrator of the division of public utilities shall assess the civil penalty against the person or utility who is determined to have committed the violation. All penalties recovered shall be paid into the general fund of the state. This chapter shall not be construed to affect any civil remedies for personal injury or property damage (including underground utilities), except as otherwise specifically provided for in this chapter.

(b) Any contractor found in violation of this chapter who, after due process of law, fails to satisfy any such fines levied pursuant to this chapter shall be ineligible to bid on or be awarded any municipal, quasi-municipal, state, state funded, state regulated or state subsidized construction and/or public works contracts.

History of Section.
(P.L. 1984, ch. 119, § 1; P.L. 1995, ch. 317, § 1; P.L. 1996, ch. 345, § 1; P.L. 1998, ch. 367, § 1; P.L. 2009, ch. 92, § 1; P.L. 2009, ch. 103, § 1.)