§ 7008. Penalties

(a) Vermont Digsafe Program. Any person or company who violates any provisions of section 7004, 7006, 7006a, 7006b, or 7007 of this title shall be subject to a civil penalty of not more than $500.00 for the first offense, not more than $1,000.00 for the second offense within one year of the date of the first offense, not more than $1,500.00 for the third offense within one year of the first offense, and not more than $5,000.00 for the fourth or subsequent offense within one year of the date of a previous offense, in addition to any other remedies or penalties provided by law or any liability for actual damages. For the purposes of this subsection, “the date of the first offense” means the date on which the violation occurred, not the date on which the adjudication of the offense resulted.

(b) [Repealed.]

(c) If underground facilities are damaged because a company has not marked them as required by section 7006 or 7006a, the company shall be subject to a civil penalty as provided in this section and, in addition, shall be liable for any damages incurred by the excavator as a result of the company’s failure to mark the facilities.

(d) All penalties recovered in any such actions shall be paid into the General Fund of the State. The Commission shall have jurisdiction over all actions brought pursuant to this chapter.

(e) Any person who violates any provisions of sections 7004 through 7007 of this title as to an underground gas distribution or transmission facility shall also be subject to the civil penalties described in section 2816 of this title. However, a person who has been assessed a civil penalty pursuant to section 2816 of this title shall not be subject to the payment of an assessed penalty under the provisions of this section for the same violation. (Added 1987, No. 86, § 1, eff. Jan. 1, 1988; amended 1993, No. 118 (Adj. Sess.), § 10; 2007, No. 145 (Adj. Sess.), § 4.)