(a) Whenever a person has violated, intends to violate, or will violate any provision of this chapter, the Attorney General or any person may institute a civil court action for injunctive relief.
(b) If any Underground Facility is damaged as a proximate result of a excavator’s failure to comply with the provisions of this chapter, the excavator is liable to the Operator of the Underground Facility for any cost or damage incurred by the Operator in restoring, repairing, replacing its damaged Underground Facility, and other consequential damages, including but not limited to loss of product, loss of use, interruption of service occurring because of the damage or injury to the Underground Facility, together with reasonable costs and expenses of suit, if any, including reasonable attorneys’ fees if the Operator is a member of the Notification Center. Additionally, the exactor is liable for any injury or damage to persons or property resulting from the damage to the Underground Facility, and shall indemnify, defend and hold harmless the affected Operator against any and all claims or actions, if any, for personal injury, death, and property damage or service interruption proximately caused by the damage to the Underground Facility.
(c) If any Underground Facility is damaged as a proximate result of an Operator’s failure to comply this chapter, that Operator shall forfeit any claim for damages to its Underground Facility arising from the excavation against an excavator who has complied with this chapter. The Operator is liable for any reasonable cost or damage incurred directly by the excavator as a result of any delay in the excavation project while the Underground Facility is restored, repaired, replaced together with reasonable costs and expenses of suit, if any, including reasonable attorneys’ fees. Additionally, the Operator is liable for any injury or damage to persons or property proximately caused by the Operator’s failure to comply with the provisions of this chapter, and shall indemnify, defend and hold harmless the affected excavator against any and all claims or actions, if any, for personal injury, death, property damage or service interruption proximately caused by the Operator’s failure to comply.