C. Excavation by an excavator that does not comply with the requirements of subsection 4-C, except to the extent the excavator is exempt from the provisions of subsection 4-C pursuant to subsection 5-C;

D. Failure of an underground facility operator to mark the location of the operator's underground facilities within the time limits required by subsection 4;

E. Marking by an underground facility operator of the location of an underground facility in a reckless or negligent manner; or

F. Failure of an excavator to comply with the requirements of subsection 5-C, 5-D or 5-E.

Sec. 4. 23 MRSA §3360-A, sub-§12, as amended by PL 1999, c. 718, §13, is further amended to read:

12. Injunctions; costs. The owner or operator of an underground facility or may request that the Public Utilities Commission may commence an action in a court of competent jurisdiction seeking a temporary restraining issue a cease and desist order or injunction to prevent a person from undertaking an excavation that may result in damage to the underground facility. The court Public Utilities Commission may issue a temporary restraining cease and desist order or injunction if the court commission determines that the excavation or proposed excavation:

A. Is being conducted or is likely to be conducted in a negligent or unsafe manner; and

B. Is causing or is likely to cause damage to the underground facility.

If the owner or operator prevails in an action brought pursuant to this subsection, the owner or operator is entitled to an award of the costs of bringing the action, including reasonable attorney's fees.

Sec. 5. 25 MRSA §2933, sub-§4, as amended by PL 2001, c. 667, Pt. C, §16, is further amended to read:

4. Penalties. On petition by the bureau, the Public Utilities Commission, in an adjudicatory proceeding, may impose the following administrative penalties for a violation by a local