Idaho Administrative Code › Title IDAPA 24 - Occupational and Professional Licenses, Division of › Rule 24.39.90 - RULES GOVERNING THE DAMAGE PREVENTION BOARD › Section 24.39.90.020 - CIVIL PENALTIES

Current through August 31, 2023
The Idaho Damage Prevention Board is authorized under Section
				55-2203(17),
				Idaho Code, to establish by administrative rule the fines to be paid for civil
				penalties issued for violations of Title 55, Chapter 22, Idaho Code. To the
				extent authorized by Section
				55-2211, Idaho Code, the acts
				described in this section subject the violator to a civil penalty of not more
				than one thousand dollars ($1,000) for a second offense and a civil penalty of
				not more than five thousand dollars ($5,000) for each offense that occurs
				thereafter within eighteen (18) months from an earlier violation, and where
				facility damage has occurred. (3-28-23)
01.
Violations of Title 55, Chapter 22,
			 Idaho Code
. The following acts subject a person to civil penalties:
			 (3-28-23)
a. Pre-marking Excavation Site. Any
			 person who fails to adequately pre-mark onsite the path of proposed excavation
			 as reasonably required under the circumstances in accordance with Section
			 55-2205(1)(b),
			 Idaho Code, is subject to a civil penalty. (3-28-23)
b. Notice of Excavation. Any person who fails
			 to provide notice of the scheduled commencement of excavation to any
			 underground facility owner through a one-number notification service, or
			 directly to a facility owner, as applicable within the prescribed time as
			 required by Section
			 55-2205(1)(c),
			 Idaho Code, is subject to a civil penalty. (3-28-23)
c. One-Number Notification to Facility Owner.
			 A one-number notification service that fails to provide notice of a scheduled
			 excavation upon notification from an excavator is subject to a civil penalty.
			 (3-28-23)
d. Failure to Locate or
			 Mark. An underground facility owner, owner's agent, or locator who fails to
			 locate or mark underground facilities when responsible to do so in accordance
			 with Section
			 55-2205(2), Idaho
			 Code, or within the prescribed time provided therein, is subject to a civil
			 penalty. (3-28-23)
e. Failure to
			 Wait for Locate or Maintain Markings. An excavator who commences excavation
			 prior to waiting the time prescribed by Section
			 55-2205(2), Idaho
			 Code, for all known facilities to be located and marked, or an excavator who
			 fails to maintain the markings of underground facilities previously so marked
			 subsequent to the commencement of excavation in accordance with Section
			 55-2205(2), Idaho
			 Code, is subject to a civil penalty. (3-28-23)
f. Failure to Cease Excavation or Report
			 Unidentified Facilities. An excavator who does not cease excavation in the
			 immediate vicinity upon the discovery of underground facilities therein,
			 whether such facilities be active or abandoned, which were not previously
			 identified or located with reasonable accuracy, or does not notify the owner or
			 operator of the facilities, or a one-number notification service in accordance
			 with Section
			 55-2205(4), Idaho
			 Code, is subject to a civil penalty. (3-28-23)
g. Failure to Identify Facilities in Contract
			 Documents. Project owners who fail to indicate in bid or contract documents the
			 existence of underground facilities known by the owner to be located within the
			 proposed area of excavation in accordance with Section
			 55-2207, Idaho Code, is subject to
			 a civil penalty. (3-28-23)
h.
			 Precautions to Avoid Damage. An excavator who does not engage in any of the
			 activities required by Section
			 55-2207(2), Idaho
			 Code, or use reasonable care to avoid damage to underground facilities is
			 subject to a civil penalty. (3-28-23)
i. Reporting of Damage to Facility. An
			 excavator who fails to report to a facility owner and a one-number notification
			 service any contact or damage to an underground facility caused by such
			 excavator in the course of excavation, or fails to alert an appropriate
			 authority upon an actual breach of a facility which causes the release of gas
			 or hazardous liquids as required by Section
			 55-2208(1), Idaho
			 Code, is subject to a civil penalty. (3-28-23)
j. Reporting to the Board. An excavator or
			 underground facility owner who observes, suffers or causes damage to an
			 underground facility or excavator downtime related to the failure of one (1) or
			 more stakeholders to comply with the damage prevention regulations and fails to
			 report such information to the board as required by Section
			 55-2208(5), Idaho
			 Code, is subject to a civil penalty. (3-28-23)
k. Failure to Participate. Any person who
			 fails to participate or cooperate with a one-number notification service as
			 prescribed by Section
			 55-2206, Idaho Code, is subject to
			 a civil penalty. (3-28-23)
l. False
			 Notification of Emergency. Any person who provides notice of an emergency
			 excavation when there is not an emergency as defined in Idaho Code Section
			 55-2202(5).
			 (3-28-23)