PUBLIC Law Chapter 505

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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