2006 New York Code - Penalties And Liabilities.

 
    §  765.  Penalties  and liabilities. 1. Civil penalties. a. Failure to
  comply with any provision of this article shall subject an excavator  or
  an  operator  to  a  civil penalty of up to one thousand dollars for the
  first violation and up to an  additional  seven  thousand  five  hundred
  dollars  for  each  succeeding violation which occurs in connection with
  the entire self-same excavation or  demolition  activity  within  a  two
  month period.
    b.  The  penalties  provided for by this article shall not apply to an
  excavator who damages an underground facility due to the failure of  the
  operator  to comply with any of the provisions of this article nor shall
  in such instance the excavator be liable for repairs  as  prescribed  in
  subdivision five of this section.
    * c.  An action to recover a penalty under this article may be brought
  in the supreme court in the judicial district in which the violation was
  alleged to have occurred which shall be commenced and prosecuted by  the
  attorney  general.  The  public  service  commission  shall, pursuant to
  section one hundred nineteen-b of the public service law, forward to the
  attorney general its determination of the  amount  of  the  penalty  for
  violations   of   rules   and   regulations  adopted  to  implement  the
  requirements of this article. Upon receipt of  such  determination,  the
  attorney  general  may  commence  an action to recover such penalty. All
  moneys recovered in any such action, together with  the  costs  thereof,
  and  all  moneys  recovered  as  the  result  of any such public service
  commission determination shall be paid into the  underground  facilities
  safety training account established pursuant to section ninety-seven-www
  of the state finance law.
    * NB Effective until October 1, 2010
    * c.  An action to recover a penalty under this article may be brought
  in the supreme court in the judicial district in which the violation was
  alleged to have occurred which shall be commenced and prosecuted by  the
  attorney  general.  The  public  service  commission  shall, pursuant to
  section one hundred nineteen-b of the public service law, forward to the
  attorney general its determination of the  amount  of  the  penalty  for
  violations   or   rules   and   regulations  adopted  to  implement  the
  requirements of this article. Upon receipt of  such  determination,  the
  attorney  general  may  commence  an action to recover such penalty. All
  moneys recovered in any such action, together with  the  costs  thereof,
  shall be paid into the state treasury to the credit of the general fund.
    * NB Effective October 1, 2010
    2.  Except  as otherwise provided in this subdivision, nothing in this
  article shall impair, limit or  reduce  the  statutory,  common  law  or
  contractual   duties  or  tort  or  other  liability  of  any  excavator
  excavating or demolishing in the vicinity of underground facilities.
    3. Any excavator engaging in or proposing to engage in  excavation  or
  demolition  in a negligent or unsafe manner, which has resulted in or is
  likely to result in damage to underground facilities in  such  a  manner
  that   life,  property  or  the  continuation  of  operator  service  is
  endangered, may be enjoined from such excavation or  demolition  or  any
  aspect thereof upon application of the operator owning the facilities or
  the  attorney  general  made in supreme court having jurisdiction in the
  county wherein the excavation or demolition or  proposed  excavation  or
  demolition  is  to  take  place. Three or more instances of damage by an
  excavator  to  underground  facilities  in  the  course  of  the  entire
  self-same excavation or demolition activity shall be prima facie grounds
  for  enjoining  the excavator from further performance of the excavation
  or demolition activity.
    4. In the event that, as a  result  of  a  violation  of  any  of  the
  provisions  of  this  article  by  an excavator, it is necessary that an
  operator make any repair to or provide new  support  to  an  underground
  facility,  the  excavator shall be liable to the operator for reasonable
  costs so incurred.