1. (a)

   1. (1) A person that performs an excavation or demolition without first providing the notice required under § 12-124(a) of this subtitle is deemed negligent and is subject to a civil penalty assessed by the Authority.

   2. (2) The Authority shall calculate the civil penalty considering:

      1. (i) the severity of the violation;
      2. (ii) the intent and good faith of the violator; and
      3. (iii) the past history of violations.

   3. (3) The civil penalty may not exceed:

      1. (i) $2,000 for the first offense; and
      2. (ii) $4,000 for each subsequent offense.

   4. (4) A person that violates any other provision of Part IV of this subtitle is subject to a civil penalty assessed by the Authority not exceeding:

      1. (i) $2,000 for the first offense; and
      2. (ii) $4,000 for each subsequent offense.

   5. (5) Instead of or in addition to assessing a civil penalty under this subsection, the Authority may:

      1. (i) require that a person:

         1. 1. participate in damage prevention training; or
         2. 2. implement procedures to mitigate the likelihood of damage to underground facilities; or
      2. (ii) impose other similar measures.

   6. (6)

      1. (i) For purposes of paragraphs (3)(ii) and (4)(ii) of this subsection, the Authority may not consider an offense to be a subsequent offense if the offense occurred at least 3 years after the earlier offense unless:

         1. 1. the earlier offense is unresolved, regardless of the age of the earlier offense; or
         2. 2. the person has not met the conditions of an assessed penalty within the time period prescribed.
      2. (ii) In the case of an unresolved earlier offense or a failure to meet the conditions under subparagraph (i) of this paragraph, the Authority may assess up to double the maximum civil penalty for each violation.
   7. (7) A person that fails to appear before the Authority without cause, after proper notification of a scheduled hearing, may be subject to a $200 fine in addition to any civil penalty assessed by the Authority.
   8. (8) A person that files an emergency ticket that does not meet the definition of emergency under § 12-101 of this subtitle may be subject to the maximum penalties available under this subsection.

2. (b)

   1. (1) This subsection applies if a proceeding has not been initiated before the Authority.
   2. (2) A court of competent jurisdiction may assess a civil penalty of up to 10 times the cost of repairs to the underground facility caused by the damage, dislocation, or disturbance against a person that has committed a subsequent offense under subsection (a)(1) of this section.
   3. (3) An action to recover a civil penalty under this subsection shall be brought by an owner of a damaged, dislocated, or disturbed underground facility or the Attorney General in a court of competent jurisdiction in Baltimore City or the county in which the damage, dislocation, or disturbance occurred.
   4. (4) The party bringing an action under this subsection may recover reasonable attorney's fees.
3. (c) The Authority may not assess a civil penalty under subsection (a)(3)(ii) of this section if an action to recover a civil penalty has been brought under subsection (b) of this section.
4. (d) All civil penalties recovered under this section shall be paid into the Fund.

Added as Public Utility Companies § 12-113 by Acts 1998, c. 8, § 2, eff. Oct. 1, 1998. Renumbered as Public Utilities § 12-135 by Acts 2010, c. 635, § 2, eff. Oct. 1, 2010. Amended by Acts 2010, c. 635, § 3, eff. Oct. 1, 2010; Acts 2021, c. 18, § 1, eff. March 13, 2021; Acts 2022, c. 113, § 1, eff. April 12, 2022; Acts 2022, c. 114, § 1, eff. April 12, 2022.

Formerly Art. 78, § 28A.