Any person, public agency or public utility which the Public Utilities Regulatory Authority determines, after notice and opportunity for a hearing as provided in § 16-41, to have failed to comply with any provision of this chapter or any regulation adopted under § 16-357 shall forfeit and pay to the state a civil penalty of not more than forty thousand dollars, provided any violation involving the failure of a public utility to mark any approximate location of an underground utility facility correctly or within the time frames prescribed by regulation, which violation did not result in any property damage or personal injury and was not the result of an act of gross negligence on the part of the public utility, shall not result in a civil penalty of more than one thousand dollars. Notwithstanding the provisions contained in subsection (d) of § 16-41, the person, public agency or public utility receiving a notice of violation pursuant to subsection (c) of § 16-41 shall have thirty days from the date of receipt of the notice in which to deliver to the authority a written application for a hearing.

Terms Used In Connecticut General Statutes 16-356

  • Approximate location of an underground utility facility: means a strip of land not more than three feet wide centered on the actual location of an underground utility facility or a strip of land extending not more than one and one-half feet on either side of the actual location of an underground utility facility. See Connecticut General Statutes 16-345
  • Authority: means the Public Utilities Regulatory Authority and "department" means the Department of Energy and Environmental Protection. See Connecticut General Statutes 16-1
  • Damage: includes , but is not limited to, the substantial weakening of structural or lateral support of a utility facility such that the continued integrity of such utility facility is imperiled, penetration or destruction of any utility facility protective coating, housing or other protective device or the severance, partial or complete, of any utility facility. See Connecticut General Statutes 16-345
  • Person: means an individual, partnership, corporation, limited liability company or association, including a person engaged as a contractor by a public agency but excluding a public agency. See Connecticut General Statutes 16-345
  • Public agency: means the state or any political subdivision thereof, including any governmental agency. See Connecticut General Statutes 16-345
  • Public utility: means the owner or operator of underground facilities for furnishing electric, gas, telephone, communications, pipeline, sewage, water, community television antenna, steam, traffic signal, fire signal or similar service, including a municipal or other public owner or operator. See Connecticut General Statutes 16-345
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