(a) Except as provided in subsection (b) of this section, if any underground facility is damaged through the fault of any person, that person shall be liable to the owner of the underground facility for the total cost of the repair or, if necessary, the replacement of the damaged underground facility.
(b) If any underground facility is damaged by any person carrying out excavation or demolition without having complied with the notice provisions of this chapter, that person shall be liable to the owner of the underground facility for treble the cost of the repair or replacement of the damaged underground facility.
(c) Any person who violates any provision of this chapter shall be subject to a civil penalty of $2,500 for the first violation, $5,000 for the second violation, and $10,000 for the third or subsequent violation. Action to recover the civil penalties provided for in this section shall be brought by the Attorney General for the District of Columbia in the Superior Court of the District of Columbia. All penalties recovered from such action, including reasonable attorney's fees, shall be paid into the General Fund of the District of Columbia.
(d) Civil fines and penalties may be imposed by the Mayor pursuant to Chapter 18 of Title 2 ("Civil Infractions Act") as alternative sanctions for any violations of the provisions of this chapter or rules issued pursuant to this chapter. The adjudication of any such infraction, fine, or penalty shall be pursuant to the Civil Infractions Act.
(Mar. 4, 1981, D.C. Law 3-129, § 8, 28 DCR 264; May 23, 2000, D.C. Law 13-114, § 2(d), 47 DCR 1993; Mar. 16, 2021, D.C. Law 23-186, § 2(h), 68 DCR 001024.)
Prior Codifications1981 Ed., § 43-1707.
Effect of AmendmentsD.C. Law 13-114 in subsec. (c) substituted “of $2,500 for the first violation, $3,500 for the second violation and $5,000 for the third or subsequent violation” for “not to exceed one thousand dollars ($1,000) for each such violation”.