{"identifier":"/us/usc/t49/s6103","title":49,"num":"\u00a7\u202f6103.","heading":"Minimum standards for State one-call notification programs","text":"\u00a7\u202f6103.\nMinimum standards for State one-call notification programs\n(a)\nMinimum Standards.\u2014\n(1)\nIn general.\u2014\nIn order to qualify for a grant under section 6106, a State one-call notification program, at a minimum, shall provide for\u2014\n(A) appropriate participation by all underground facility operators, including all government operators;\n(B) appropriate participation by all excavators, including all government and contract excavators; and\n(C) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems.\n(2)\nExemptions prohibited.\u2014\nIn 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.\n(b)\nAppropriate Participation.\u2014\nIn 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\u2014\n(1) damage to types of underground facilities; and\n(2) activities of types of excavators.\n(c)\nImplementation.\u2014\nA State one-call notification program also shall, at a minimum, provide for and document\u2014\n(1) consideration of the ranking of risks under subsection (b) in the enforcement of its provisions;\n(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\n(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.\n(d)\nPenalties.\u2014\nTo 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\u2014\n(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;\n(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;\n(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;\n(4) equitable relief; and\n(5) citation of violations.","url":"https://projectusc.org/usc/t49/s6103.html","content":[{"t":"sec","id":"/us/usc/t49/s6103","children":[{"t":"num","text":"\u00a7\u202f6103."},{"t":"heading","text":"Minimum standards for State one-call notification programs"},{"t":"subsec","id":"/us/usc/t49/s6103/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Minimum Standards.\u2014"},{"t":"para","id":"/us/usc/t49/s6103/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general.\u2014"},{"t":"chapeau","text":"In order to qualify for a grant under section 6106, a State one-call notification program, at a minimum, shall provide for\u2014"},{"t":"subpara","id":"/us/usc/t49/s6103/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" appropriate participation by all underground facility operators, including all government operators;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t49/s6103/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" appropriate participation by all excavators, including all government and contract excavators; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t49/s6103/a/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s6103/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Exemptions prohibited.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s6103/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Appropriate Participation.\u2014"},{"t":"chapeau","text":"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\u2014"},{"t":"para","id":"/us/usc/t49/s6103/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" damage to types of underground facilities; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s6103/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" activities of types of excavators.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s6103/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Implementation.\u2014"},{"t":"chapeau","text":"A State one-call notification program also shall, at a minimum, provide for and document\u2014"},{"t":"para","id":"/us/usc/t49/s6103/c/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" consideration of the ranking of risks under subsection (b) in the enforcement of its provisions;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s6103/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s6103/c/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s6103/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Penalties.\u2014"},{"t":"chapeau","text":"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\u2014"},{"t":"para","id":"/us/usc/t49/s6103/d/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" administrative or civil penalties commensurate with the seriousness of a violation by an excavator or facility owner of a State one-call notification program;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s6103/d/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s6103/d/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s6103/d/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" equitable relief; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s6103/d/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" citation of violations.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}