KRS 367.4917: Penalties -- Payment and apportionment of civil penalties -- Enforcement

by Public Service Commission -- Written agreement form -- Administrative

regulations.

(1) An excavator who fails to comply with any provision of KRS 367.4911, or an

operator who fails to comply with any provision of KRS 367.4909 may be subject

to a civil penalty of two hundred fifty dollars ($250) for the first violation, no more

than one thousand dollars ($1,000) for the second violation and no more than three

thousand dollars ($3,000) for the third and any subsequent violation. A violation

shall be considered a first violation under this subsection if more than three hundred

sixty-five (365) days have elapsed since the last incident attributable to a person in

violation of KRS 367.4909 or 367.4911. If a person commits a violation in the

course and scope of employment, the penalties shall be imposed on the employer.

(2) A protection notification center that fails to comply with any provision of KRS

367.4913 shall be s ubject to a civil penalty of one thousand dollars ($1,000) for

each violation.

(3) A person that knowingly provides false notice to a utility notification center of an

emergency as defined in KRS 367.4903 shall be subject to a civil penalty of one

thousand dollars ($1,000) for each violation.

(4) Any person who violates any provision of the Underground Facility Damage

Prevention Act of 1994, KRS 367.4901 to 367.4917, that involves damage to a

facility containing any flammable, toxic, corrosive, or hazardous material or results

in the release of any flammable, toxic, corrosive, or hazardous material shall be

subject to a civil penalty, in addition to the civil penalty in subsection (1) of this

section, not to exceed one thousand dollars ($1,000) for each viol ation. The

penalties of this subsection are not in conflict with and are in addition to civil

damages for personal injury or property damage.

(5) (a) Except as provided in subsection (6) of this section, all civil penalties

recovered for a violation of this section shall be paid to the general fund of the

state, county, city, or fire protection agency which issued the citation.

(b) In the event that more than one (1) government agency was involved, the court

shall direct an apportionment of the civil penalties.

(c) Failure to comply with the provisions of the Underground Facility Damage

Prevention Act of 1994, KRS 367.4901 to 367.4917, may be determined at the

conclusion of an investigation and shall be based on evidence available to

state, county, or city o fficials, law enforcement, or fire protection agencies

which issue the citation.

(6) The commission shall have statewide authority to enforce and assess civil penalties

provided for in this section and to seek injunctive relief for any violation that results

in damage to an underground facility used to transport gas or hazardous liquid

subject to the federal pipeline safety laws, 49 U.S.C. secs. 60101 et seq. Once the

commission initiates an investigation or undertakes an enforcement action against a

person for an alleged violation, no other state, county, city, or fire protection agency

shall initiate or continue any enforcement action against the person for the same

alleged violation. Any action to recover penalties assessed pursuant to this

subsection shall be brought in the Franklin Circuit Court. All penalties recovered by

the commission shall be paid into the State Treasury and credited to the account of

the commission.

(7) The commission shall make available on its Web site a written agreement form for

an operator and an excavator to agree to a date or series of dates by which time the

locate request must be completed if different from those dates established in KRS

367.4909. The form shall contain but is not limited to the parties' names, the locate

request number, the date requested, and the location. The parties shall make the

executed agreement form available upon request of the commission.

(8) The commission may promulgate administrative regulations in accordance with

KRS Chapter 13A to enforce the Underground Facility Damage Prevention Act of

1994. The commission shall exercise its authority under the Underground Facility

Damage Prevention Act of 1994 in accordance with the rules and procedures set

forth in KRS Chapter 278 and all applicable adminis trative regulations promulgated

by the commission.