Violations and Penalties

 

 

 

 

Enforceable Violations:

  • Excavating without a one call locate ticket.

  • Excavating before 48 hours or all effective parties respond to the locate request.

  • Failure to locate an underground facility.

  • Failure to locate an underground facility in the required time, unless a good faith agreement between the parties existed.

Penalties:

  • For the first violation a respondent must complete a training as determined by the WVDPB

  • A second violation within a 5-year period results in training as determined by the WVDBP, and a fine up to $500 per incident.

  • 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.

  • 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.

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