2015 Arkansas Code
Title 14 - Local Government
Subtitle 16 - Public Health And Welfare Generally
Chapter 271 - Underground Facilities Damage Prevention
§ 14-271-104 - Penalties -- Civil remedies.

(a) (1) Except as provided in subdivision (a)(2) of this section, any person who violates any provisions of this chapter shall be subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation.

(2) Operators of underground pipeline facilities and excavators shall, upon violation of any applicable requirements of 49 C.F.R. Part 198, Subpart C, or 49 U.S.C. § 60114(b), concerning marking facilities; 49 U.S.C. § 60114(d), concerning applicability to excavators; or 49 U.S.C. § 60118(a), concerning general waivers, as in effect on February 2013, unless excepted under § 14-271-109, and damage to an interstate or intrastate natural gas pipeline facility or an interstate or intrastate hazardous liquid pipeline facility, be subject to civil penalties in an amount not to exceed two (2) times the amount of property damage to the interstate or intrastate natural gas pipeline facility or an interstate or intrastate hazardous liquid pipeline facility up to a maximum of two hundred thousand dollars ($200,000) for each violation for each day that the violation persists, except that the maximum civil penalty shall not exceed two million dollars ($2,000,000) for any related series of violations.

(b) (1) Actions to recover the penalties provided for in this section shall be brought by the Attorney General, the county prosecutor, or the city attorney, at the request of any person, in the circuit court in the county in which the cause, or some part thereof, arose or in which the defendant has its principal place of business or resides.

(2) All penalties recovered in any such action shall be paid into the general fund of the state, county, or municipality that prosecutes the action.

(c) The Attorney General, the county prosecutor, or the city attorney shall, at the request of any person, bring an action in a court of competent jurisdiction to enjoin any violation of 49 C.F.R. Part 198, Subpart C, committed by operators of underground pipeline facilities and excavators.

(d) Nothing in this chapter shall be construed to modify or repeal existing laws pertaining to the tort liability of local governments and their employees.

(e) This chapter does not affect any civil remedies for personal injury or property damage, including underground facilities, except as otherwise specifically provided for in this chapter.

(f) Neither the State Highway Commission, nor the Arkansas State Highway and Transportation Department, nor their officers or employees, nor the county judges or their road departments are subject to the provisions of this section.