319.045. Notice if underground facility disturbed to notification center, when--duties of excavator--civil penalties--attorney general may bring action.
Notice if underground facility disturbed to notification center,when--duties of excavator--civil penalties--attorney general maybring action.
319.045. 1. In the event of any damage or dislocation or disturbanceof any underground facility in connection with any excavation, the personresponsible for the excavation operations shall immediately notify thenotification center. This subsection shall be deemed to require reportingof any damage, dislocation, or disturbance to trace wires, encasements,cathode protection, permanent above-ground stakes or other such itemsutilized for protection of the underground facility.
2. In the event of any damage or dislocation or disturbance to anyunderground facility or any protective devices required to be reported bythe excavator under subsection 1 of this section, in advance of or duringthe excavation work, the person responsible for the excavation operationsshall not conceal or attempt to conceal such damage or dislocation ordisturbance, nor shall that person attempt or make repairs to the facilityunless authorized by the owner or operator of the facility. In the case ofsewer lines or facilities, emergency temporary repairs may be made by theexcavator after notification without the owners' or operators'authorization to prevent further damage to the facilities. Such emergencyrepairs shall not relieve the excavator of responsibility to makenotification as required by subsection 1 of this section.
3. Any person who violates in any material respect the provisions ofsection 319.022, 319.025, 319.026, 319.029, 319.030, 319.037, or thissection or who willfully damages an underground facility shall be liable tothe state of Missouri for a civil penalty of up to ten thousand dollars foreach violation for each day such violation persists, except that themaximum penalty for violation of the provisions of sections 319.010 to319.050 shall not exceed five hundred thousand dollars for any relatedseries of violations. An action to recover such civil penalty may bebrought by the attorney general or a prosecuting attorney on behalf of thestate of Missouri in any appropriate circuit court of this state. Trialthereof shall be before the court, which shall consider the nature,circumstances and gravity of the violation, and with respect to the personfound to have committed the violation, the degree of culpability, theabsence or existence of prior violations, whether the violation was awillful act, the effect on ability to continue to do business, any goodfaith in attempting to achieve compliance, ability to pay the penalty, andsuch other matters as justice may require in determining the amount ofpenalty imposed.
4. The attorney general may bring an action in any appropriatecircuit court of this state for equitable relief to redress or restrain aviolation by any person of any provision of sections 319.010 to 319.050.The court may grant such relief as is necessary or appropriate, includingmandatory or prohibitive injunctive relief, temporary or permanent.
(L. 1976 S.B. 583 § 8, A.L. 1991 S.B. 214 & 264, A.L. 2001 H.B. 425, A.L. 2008 H.B. 1779)Effective 1-01-09