CHAPTER 229
S.P. 514 - L.D. 1598
An Act to Provide for Enforcement of the Laws Regarding the Protection of Underground Utility Facilities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 23 MRSA §3360-A, sub-§6-A, as enacted by PL 1991, c. 437, §8 and affected by §12, is amended to read:
6-A. Forfeitures. The forfeitures for failure to comply with this section are as follows.
A. An excavator who does not give notice of an excavation as required under subsection 3 and who damages an underground facility in the course of that excavation or who undertakes the excavation in a reckless or negligent manner that poses a threat to an underground facility commits a civil violation and is subject to a civil forfeiture of up to $1,000 in addition to any other remedies or forfeitures provided by law or any liability for actual damages.
B. An underground facility operator who does not mark the location of the operator's underground facilities as required under subsection 4 commits a civil violation and is subject to a civil forfeiture of up to $1,000 in addition to any other remedies or forfeitures provided by law or any liability for actual damages resulting from the operator's failure to mark those facilities.
Sec. 2. 23 MRSA §3360-A, sub-§§11 and 12 are enacted to read:
11. Enforcement. The system may contract with county sheriffs or appropriate municipal law enforcement entities to issue civil summonses to excavators who violate subsection 6-A, paragraph A.
12. Injunctions; costs. The owner or operator of an underground facility may commence an action in a court of competent jurisdiction seeking a temporary restraining order or injunction to prevent a person from undertaking an excavation that may result in damage to the underground facility. The court may issue a temporary restraining order or injunction if the court 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.
Effective September 19, 1997, unless otherwise indicated.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
