Ala. Admin. Code r. 910-X-4-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 910-X-4-.01 - Penalty Provisions

(1) Any person who violates the provisions of Code of Ala. 1975, §37-15, et seq., or the rules adopted under the Authority, shall be subject to a civil penalty as follows:

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(2) Any person who is required to complete a course of training shall be responsible for paying for the cost of the training. For those instances in which training is ordered, if the person is a firm, partnership, association, corporation, limited liability company, joint venture, department or subdivision of the state or other governmental entity or any other body or organization, it may be required that at least one manager or supervisor thereof attend any training.

(3) These penalties provided under this section may be subject to periodic review by the Authority Board and revised by rule as needed to ensure enforcement penalties are deemed effective and are in compliance with federal law.

(4) All penalties recovered in such actions shall be paid into the Underground Damage Prevention Fund.

Ala. Admin. Code r. 910-X-4-.01

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 12, September 30, 2020, eff. 11/14/2020.

Author: Underground Damage Prevention Authority

Statutory Authority:Code of Ala. 1975, §§ 37-15-10.