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

(a) Minimum Standards.—(1) In general.—In order to qualify for a grant under section 6106, a State one-call notification program, at a minimum, shall provide for—(A) appropriate participation by all underground facility operators, including all government operators; (B) appropriate participation by all excavators, including all government and contract excavators; and (C) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems. (2) 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. (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.