Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 16 - PUBLIC HEALTH AND WELFARE GENERALLY (§§ 14-262-101 — 14-272-304) › Chapter 271 - UNDERGROUND FACILITIES DAMAGE PREVENTION (§§ 14-271-101 — 14-271-115) › Section 14-271-104 - Penalties - Civil remedies

(a)
(1)
A person who violates this chapter may be required to undergo training in underground facilities damage prevention according to a training program developed and administered by the One Call Center.
(2)
(A)
Except as provided in subdivision (a)(3) of this section, any person who damages an underground facility and violates this chapter shall be subject to a civil penalty or mandatory training in underground facilities damage prevention, as follows:
(i)
(a)
For a first violation in a twelve-month period, the person shall be ordered to undergo the training under subdivision (a)(1) of this section.
(b)
For subsequent violations of this chapter, within a twelve-month period, the maximum penalty amount under the penalty structure of this subsection shall not exceed fifty thousand dollars ($50,000);
(ii)
For a second violation in a twelve-month period, the person shall be ordered to pay a civil penalty in an amount up to five thousand dollars ($5,000) for each violation; and
(iii)
For three (3) or more violations in a twelve-month period, the person shall be ordered to pay a civil penalty in an amount up to ten thousand dollars ($10,000) for each violation.
(B)
Any person who has violated this chapter and has been ordered to undergo mandatory training in underground facilities damage prevention under subdivision (a)(1) of this section shall be subject to a civil penalty of up to two thousand five hundred dollars ($2,500) for each violation if the person fails to complete any of the training required within one hundred twenty (120) days from the entry of the order or settlement.
(3)
Operators of underground pipeline facilities and excavators, upon violation of any applicable requirements of 49 C.F.R. Part 198, Subpart C, or
49 U.S.C. § 60114(b)
, concerning marking facilities;
49 U.S.C. § 60114(d)
, concerning applicability to excavators; or
49 U.S.C. § 60118(a)
, concerning general waivers, as in effect on January 2023, unless excepted under §
14-271-109
, and damage to an interstate or intrastate natural gas pipeline facility or an interstate or intrastate hazardous liquid pipeline facility, shall be subject to civil penalties in an amount not to exceed two (2) times the amount of property damage to the interstate or intrastate natural gas pipeline facility or an interstate or intrastate hazardous liquid pipeline facility up to a maximum of two hundred fifty-seven thousand six hundred sixty-four dollars ($257,664) for each violation for each day that the violation persists, except that the maximum civil penalty shall not exceed two million two hundred fifty-seven thousand six hundred sixty-four dollars ($2,257,664) for any related series of violations.
(b)
(1)
(A)
Actions to enforce or recover the penalties provided for in this section shall be brought by the Attorney General, the county prosecutor, or the city attorney, based upon information received from an operator, excavator, or from any other source, in the circuit court in the county in which the cause occurred or in which the defendant has its principal place of business.
(B)
(i)
The Attorney General, the county prosecutor, or the city attorney may settle with a person who violates this chapter for no more than the maximum civil penalty the violator would be liable for under the penalty structure under subsection (a) of this section.
(ii)
A settlement under subdivision (b)(1)(B)(i) of this section shall include a requirement that the violator complete mandatory training in underground facilities damage prevention.
(2)
All penalties recovered in an action shall be paid into the general fund of the state, county, or municipality that prosecutes the action.
(c)
The Attorney General, the county prosecutor, or the city attorney, at the request of any person, shall bring an action in a court of competent jurisdiction to enjoin a violation of 49 C.F.R. Part 198, Subpart C, as it existed on January 1, 2023, committed by operators of underground pipeline facilities and excavators.
(d)
This chapter does not modify or repeal existing laws pertaining to the tort liability of local governments and their employees.
(e)
This chapter does not affect any civil remedies for personal injury or property damage, including underground facilities, except as otherwise specifically provided for in this chapter.
(f)
This section does not apply to:
(1)
The State Highway Commission;
(2)
The Arkansas Department of Transportation;
(3)
An officer or employee of the commission or the Arkansas Department of Transportation;
(4)
A county judge; or
(5)
A county road department.
(g)
(1)
The Attorney General shall produce a quarterly report and provide the report to the Legislative Council, the One Call Center, and the Office of Pipeline Safety of the Arkansas Public Service Commission.
(2)
The report required under subdivision (g)(1) of this section shall include:
(A)
The number of complaints submitted;
(B)
The number of the submitted complaints that were settled or prosecuted; and
(C)
The amount of fines collected under this section during the previous quarter.
Amended by Act 2023, No. 309,§ 2, eff. 3/16/2023.
Amended by Act 2017, No. 707,§ 27, eff. 8/1/2017.
Amended by Act 2017, No. 260,§ 12, eff. 8/1/2017.
Amended by Act 2013, No. 1344,§ 3, eff. 8/16/2013.
Amended by Act 2013, No. 1344,§ 2, eff. 8/16/2013.
Acts 1987, No. 600, § 12; 1991, No. 762, § 4; 1995, No. 727, § 2.