Violations and Penalties
Enforceable Violations:
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Excavating without a one call locate ticket.
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Excavating before 48 hours or all effective parties respond to the locate request.
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Failure to locate an underground facility.
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Failure to locate an underground facility in the required time, unless a good faith agreement between the parties existed.
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Penalties:
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For the first violation a respondent must complete a training as determined by the WVDPB
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A second violation within a 5-year period results in training as determined by the WVDBP, and a fine up to $500 per incident.
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A third of subsequent violation occurring within a 5-year period, the violator shall par a civil penalty in an amount set by the WVDPB, not to exceed $2,500 per incident.
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If the WVDPB finds a violation to be the result of gross negligence or willful or wanton misconduct, the violator shall complete a specialized training and a fine of up to $5,000 per incident.
Source: WV Code § 24C-1-9.