(a) If an operator suffers a pecuniary loss as a result of a violation of this chapter, the operator may bring a civil action against the person who caused the loss for the following:
- (1) An amount equal to the operator's actual damage to the facility.
- (2) The costs of the action.
- (3) A reasonable attorney's fee.
- (b) At the court's discretion, a court having jurisdiction may award punitive damages up to three (3) times the operator's actual damage.
- (c) It is a defense to an action brought under this chapter if an operator fails to comply with the duties imposed under this chapter.
- (d) In addition to the remedies described in subsection (a), an operator may bring an action to enjoin a person excavating or demolishing a structure in an area that includes the operator's facilities until that person complies with this chapter.
As added by P.L.69-1990, SEC.2.