MARVIN MANDEL, Governor                           2845

WHO DAMAGES, DISLOCATES OR DISTURBS THOSE UNDERGROUND
FACILITIES, SHALL BE DEEMED NEGLIGENT AND SHALL BE
SUBJECT TO A CIVIL PENALTY UP TO $1,000 FOR THE FIRST
OFFENSE AND $1,000 FOR EACH SUBSEQUENT OFFENSE, OR TEN
TIMES THE COST OF REPAIRING THE DAMAGE TO THE UNDERGROUND
FACILITY.[[, OR TEN TIMES THE AMOUNT OF ADDITIONAL
EXCAVATION COSTS WHICH THE PERSON WOULD HAVE INCURRED BY
COMPLYING WITH THIS SECTION, WHICHEVER IS GREATER.]]
ACTIONS TO RECOVER THE CIVIL PENALTIES PROVIDED FOR IN
THIS SECTION SHALL BE BROUGHT EITHER BY THE PUBLIC
SERVICE COMPANY WHOSE UNDERGROUND FACILITIES WERE DAMAGED
OR BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE IN
THIS STATE, IN A COURT OF COMPETENT JURISDICTION IN
BALTIMORE CITY OR THE COUNTY IN WHICH THE DAMAGE
OCCURRED. ALL PENALTIES RECOVERED FROM SUCH ACTION,
INCLUDING REASONABLE ATTORNEY'S FEES, SHALL BE PAID INTO
THE GENERAL FUND OF THE STATE TREASURY.

(H) IF ANY PERSON IS ENGAGING IN EXCAVATION IN A
NEGLIGENT OR UNSAFE MANNER WHICH HAS RESULTED IN OR IS
LIKELY TO RESULT IN DAMAGE TO AN UNDERGROUND FACILITY OR
IF ANY PERSON IS PROPOSING TO USE PROCEDURES FOR
EXCAVATION WHICH ARE LIKELY TO RESULT IN DAMAGE TO AN
UNDERGROUND FACILITY, THE OWNER OF SUCH FACILITY OR THE
ATTORNEY GENERAL MAY COMMENCE AN ACTION[[, EITHER BY
MANDAMUS OR INJUNCTION,]] IN A COURT OF COMPETENT
JURISDICTION IN BALTIMORE CITY OR THE COUNTY IN WHICH THE
EXCAVATION IS OCCURRING OR IS TO OCCUR, OR IN WHICH THE
PERSON COMPLAINED OF HAS HIS OR ITS PRINCIPAL PLACE OF
BUSINESS OR RESIDES, FOR THE PURPOSE OF HAVING SUCH
NEGLIGENT OR UNSAFE EXCAVATION STOPPED AND PREVENTED,
EITHER BY MANDAMUS OR INJUNCTION. THE COURT MAY JOIN AS
PARTIES ANY PERSONS NECESSARY OR PROPER TO MAKE ITS
JUDGMENT OR PROCESSES EFFECTIVE AND SHALL MAKE A FINAL
ORDER, GRANTING SUCH RELIEF, IF APPROPRIATE.

(I) THE PROVISIONS OF THIS SECTION, WITH THE

EXCEPTION OF (5)(F), SHALL NOT APPLY WHEN MAKING AN
EXCAVATION AT TIMES OF EMERGENCY INVOLVING DANGER TO
LIFE, HEALTH OR PROPERTY, PROVIDED ALL REASONABLE
PRECAUTIONS [[HAS]] HAVE BEEN TAKEN TO PROTECT THE
UNDERGROUND FACILITIES.

SECTION 2. AND BE IT FURTHER ENACTED, That if any
provision of this Act or the application thereof to any
person or circumstance is held invalid for any reason,
the invalidity shall not affect the other provisions or
any other application of this Act which can be given
effect without the invalid provisions or application, and
to this end all the provisions of this Act are declared
to be severable.