It is unlawful and a misdemeanor for any person to do any act forbidden, or fail to perform an act required by this chapter.

1. (1) Except as provided in paragraph (2) of this section, whoever, by action or inaction, violates a provision of this chapter may, for the first offense, be assessed a civil penalty not less than $100 nor more than $1000. For each subsequent like offense, such person may be assessed a civil penalty not less than $200 nor more than $5,000 for each violation.

2. (2) Facility owners and facility operators, excavators with a business license, and the approved notification center shall, upon violation of this subchapter, be subject to the following maximum civil penalties:

   1. a. $1,000,000 for violations that result in a death.
   2. b. $500,000 for violations causing damage to a structure.
   3. c. $100,000 for all other violations.

In determining the amount of the civil penalty, consideration shall be given to the nature, circumstances and gravity of the violation, degree of culpability, history of prior violations, effect on ability to continue to do business, any good faith in attempting to achieve compliance, and other relevant factors.

1. (3) Any civil penalty imposed pursuant to this subchapter does not prevent any party from obtaining civil damages for personal injury or property damage in private actions.
2. (4) In all violations, except those resulting in death or damage to a structure, the Commission may determine that training provided by the approved notification center may be substituted in lieu of a civil penalty. For all violations resulting in civil penalties, training provided by the approved notification center shall also be required.

3. (5) Except in so far as may be necessary to implement § 116 of this title, all civil penalties related to this section shall be used by the Commission for 1 or more of the following purposes:

   1. a. Public awareness programs.
   2. b. Training and education programs for members and violators of this subchapter.
   3. c. Improvements to the approved notification center.
   4. d. Reduce the cost to members of the approved notification center.
4. (6) Any cost associated with a civil penalty to a facility owner or facility operator may not be collected by that facility owner or facility operator through rates to its customers.
5. (7) For violations that result in death or damage to a structure, the Attorney General may take enforcement authority pursuant to this subchapter. For all other violations involving civil penalties and violations where the Attorney General provides an affirmative waiver of enforcement authority, the Commission shall be the enforcement authority pursuant to this subchapter. The Commission has the authority to determine if any actions shall be taken as a result of violations of this subchapter, except in the event of death or damage to a structure, and to determine if training and education can be substituted in lieu of civil penalties.

62 Del. Laws, c. 148, § 2; 69 Del. Laws, c. 455, § 1; 81 Del. Laws, c. 405, § 3; 85 Del. Laws, c. 345, § 1