Page:United States Statutes at Large Volume 112 Part 1.djvu/505

 PUBLIC LAW 105-178-nJUNE 9, 1998 112 STAT. 479 programs "(a) MINIMUM STANDARDS.— In order to qualify for a grant under section 6106, a State one-call notification program shall, at a minimum, provide for— "(1) appropriate participation by all undergroimd facility operators; '"(2) appropriate participation by all excavators; and "(3) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems. facilities or excavators under subsection (a), a State shall assess, rank, and take into consideration the risks to the public safety, the environment, excavators, and vital public services sissociated with— "(1) damage to types of underground facilities; and "(2) activities of types of excavators. "(c) IMPLEMENTATION.— A State one-call notification program also shall, at a minimum, provide for— "(1) consideration of the ranking of risks under subsection (b) in the enforcement of its provisions; "(2) a reasonable relationship between the benefits of onecall notification and the cost of implementing and complying with the requirements of the State one-C£dl notification program; and "(3) volimtary participation where the State determines that a type of underground facility or an activity of a type of excavator poses a de minimis risk to public safety or the environment. "(d) PENALTIES. —To the extent the State determines approgriate and necesssiry to achieve the purposes of this chapter, a tate one-call notification program shall, at a minimum, provide for— "(1) administrative or civil penalties commensurate with the seriousness of a violation by an excavator or facility owner of a State one-call notification program; "(2) increased penalties for parties that repeatedly damage underground facilities because they fail to use one-call notification systems or for parties that repeatedly fail to provide timely and accurate marking after the required call has been made to a one-call notification system; "(3) reduced or waived penalties for a violation of a requirement of a State one-call notification program that results in, or could result in, damage that is promptly reported by the violator; "(4) equitable relief; and "(5) citation of violations. "(a) REQUIREMENT. —In order to qualify for a grant under section 6106, each State shall submit to the Secretary a grant application under subsection (b). The State shall submit the application not later than 2 years after the date of enactment of this chapter. "(b) APPLICATION.—
 * '§6103. Minimum standards for State one-call notification
 * (b) APPROPRIATE PARTICIPATION. —In determining the appropriate extent of participation required for types of underground
 * § 6104. Compliance with minimum standards

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