LD 1483
pg. 2
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LR 1461
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except that, if the person has been found in violation of this
subsection within the prior 12 months, the administrative penalty
may not exceed $5,000. Administrative penalties imposed pursuant
to this subsection are in addition to any other remedies or
forfeitures provided by law and any liability that may result from
the act or omission constituting the violation. Prior to Before
imposing any penalties under this subsection, the commission shall
consider evidence of the record of the violator, including, to the
extent applicable, the number of successful excavations undertaken
by the violator or the number of locations successfully marked by
the violator during the prior 12 months. The commission may
require a person who violates any provision of this section to
participate, at the expense of the violator, in an educational
program developed and conducted by the system.

 
The Public Utilities Commission may impose administrative
penalties for any of the following violations:

 
A. Failure of an excavator to give notice of an excavation
as required under subsection 3, except to the extent the
excavator is exempt from the provisions of subsection 3
pursuant to other provisions of this section;

 
B. Excavation by an excavator in a reckless or negligent
manner that poses a threat to an underground facility;

 
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


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