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New Underground Damage Prevention Authority in Alabama

The State of Alabama has created a new organization as described in state regulations 910 – Underground Damage Prevention Authority.  The Authority has the power to write rules, adjudicate complaints, and issue penalties for violations of damage prevention laws and regulations.  The penalty provisions are as follows:

910-X-4-.01 Penalty Provisions

Any person who violates the provisions of Ala. Code § 37-15, et seq., or the rules adopted under the Authority, shall be subject to a civil penalty as follows:

  1. For a first violation, the violator shall complete a course of training concerning compliance or pay a civil penalty in an amount not to exceed five hundred dollars ($500) per incident, or both.
  2. For a second or subsequent violation within a twelve (12) month period, the violator shall complete a course of training concerning compliance or pay a civil penalty in an amount not to exceed one thousand dollars ($1000) per incident, or both.
  3. For a third or subsequent violation within a twelve (12) month period, the violator shall complete a course of training concerning compliance and pay a civil penalty in an amount not to exceed three thousand dollars ($3,000) per incident.
  4. Notwithstanding this subsection, if any violation was the result of gross negligence or willful noncompliance, the violator shall be required to complete a course of training concerning compliance and pay a civil penalty in an amount not to exceed ten thousand dollars ($10,000) per incident.