La. Admin. Code tit. 55 § I-2113

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-2113 - Civil Penalties

A. A person who is required by this Part to become a member of, participate in, or share the cost of, a regional notification center and who fails to do so shall be subject to a civil penalty of not more than $250 for the first violation and not more than $1,000 for each subsequent violation. A subsequent violation shall be deemed to have occurred if the person fails to become a member of, participate in, or share the cost of, a regional notification center as required within ninety days after issuance of a citation for the previous violation.

B. A person who participates in a regional notification center and who fails to mark or provide information regarding the location of underground utilities and facilities shall be subject to a civil penalty of not more than $1,000. A subsequent violation shall be deemed to have occurred if a person fails to provide information or markings within two years of the issuance of a prior citation for the same or similar conduct.

C. A person who is required by law to participate in a regional notification center and who fails to provide information or markings to indicate hazardous material as defined in Title 30 of the Louisiana Revised Statutes of 1950 shall be subject to the following:

1. for the first violation, a civil penalty of not more than $250;

2. for a second violation, a civil penalty of not more than $500;

3. for a third violation, a civil penalty of not more than $1,000;

4. for a fourth and each subsequent violation, a civil penalty of not less than $2,000 nor more than $25,000.

D. An excavator or demolisher who is unable to provide to law enforcement the locate request number assigned by the regional notification center for the specific excavation shall be considered to be in violation of R.S. 40:1749.13, shall stop all excavations immediately and shall be subject to the following:

1. for the first violation, a civil penalty of not more than $250;

2. for a second violation of a similar nature within a two-year period from the previous violation, a civil penalty of not more than $500;

3. for a third violation of a similar nature within a two-year period from a previous violation, a civil penalty of not more than $1,000;

4. for a fourth and each subsequent violation of a similar nature within a two-year period from the previous violation, a civil penalty of not less than $2,000 nor more than $25,000;

5. for any violation involving hazardous materials as defined in Title 30 of the Louisiana Revised Statutes of 1950, a civil penalty of not less than $2,000 nor more than $25,000;

6. an excavator or demolisher who is issued a citation for a violation shall immediately stop all excavation or demolition activity until the requirements of this Part are met. Failure to do so shall subject the excavator or demolisher to an additional citation and civil penalty of not more than $25,000 for each such subsequent citation issued.

La. Admin. Code tit. 55, § I-2113

Promulgated by the Department of Public Safety and Corrections, Office of State Police, LR 26:93 (January 2000).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1749.11 et seq.