On October 2, 2018, the Delaware Underground Utility Prevention and Safety Act (Title 26 Chapter 8 Subchapter I) was updated to require Operators to report all facility damage, as defined in Title 26 Section 802(2)(c), caused by excavation that exceeds $3,000 within 15 days to the Public Service Commission. If the notification cannot be made within 15 days, it must be made as soon as practicable. The rule does not require notification of damage to abandoned lines. However, any such damage to gas distribution and transmission lines, oil and petroleum products distribution and transmission lines, or dangerous materials, product lines or steam lines must be reported as soon as practicable.
Each notification may be reviewed by the Public Service Commission and the Attorney General to determine if a penalty will be imposed based off the circumstance and seriousness of the violation. It should also be noted that an individual receiving such a civil penalty may also incur additional civil damages for personal injury.