49 U.S.C. § 6103 — Minimum standards for State one-call notification programs

(a) Minimum standards. (1) To qualify for a section 6106 grant, a State^* one-call program must at least provide (A) appropriate participation by all underground-facility operators, including government operators; (B) appropriate participation by all excavators, including government and contract excavators; and (C) flexible, effective State-law enforcement of participation in and use of one-call systems. (2) The program may not exempt municipalities, State agencies, or their contractors from its one-call requirements. (b) Appropriate participation. In deciding how much participation to require from types of facilities or excavators, the State must assess, rank, and consider risks to public safety, the environment, excavators, and vital public services from (1) damage to types of facilities and (2) types of excavator activities. (c) Implementation. The program must at least provide for and document (1) using the risk ranking in enforcing its rules; (2) a reasonable relationship between one-call benefits and the costs of implementing and complying with the program; and (3) voluntary participation when the State finds a facility type or excavator activity poses a de minimis risk to public safety or the environment. (d) Penalties. To the extent the State finds appropriate and necessary, the program must at least provide for (1) administrative or civil penalties matching the seriousness of an excavator’s or facility owner’s violation; (2) higher penalties for repeat facility damage caused by failure to use one-call systems, or repeat failure to mark facilities accurately and promptly after a required call; (3) reduced or waived penalties for a violation causing or potentially causing damage that the violator promptly reports; (4) equitable relief; and (5) citation of violations.