§6102. Definitions — Inbound Citations
49 U.S.C. § 6102
Cited by 22 provisions in release 119-102.
Citations to §6102(1)
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(C) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems.
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(2) In order to qualify for a grant under section 6106, a State one-call notification program may not exempt municipalities, State agencies, or their contractors from the one-call notification system requirements of the program.
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(2) increased penalties for parties that repeatedly damage underground facilities because they fail to use one-call notification systems or for parties that repeatedly fail to provide timely and accurate marking after the required call has been made to a one-call notification system;
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(2) an analysis by the Secretary of the overall effectiveness of each State’s one-call notification program and the one-call notification systems operating under such program in achieving the purposes of this chapter;
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(3) the impact of each State’s decisions on the extent of required participation in one-call notification systems on prevention of damage to underground facilities; and
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(4) areas where improvements are needed in one-call notification systems in operation in each State.
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(1) the overall quality and effectiveness of one-call notification systems in the State;
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(2) communications systems linking one-call notification systems;
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(4) record retention and recording capabilities for one-call notification systems;
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(6) participation in one-call notification systems; or
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(c) A State may provide funds received under this section directly to any one-call notification system in such State that substantially adopts the best practices identified under section 6105.
Citations to §6102(2)
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The purposes of this chapter are—
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(1) In order to qualify for a grant under section 6106, a State one-call notification program, at a minimum, shall provide for—(A) appropriate participation by all underground facility operators, including all government operators;(B) appropriate participation by all excavators, including all government and contract excavators; and(C) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems.
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(2) In order to qualify for a grant under section 6106, a State one-call notification program may not exempt municipalities, State agencies, or their contractors from the one-call notification system requirements of the program.
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(c) A State one-call notification program also shall, at a minimum, provide for and document—(1) consideration of the ranking of risks under subsection (b) in the enforcement of its provisions;(2) a reasonable relationship between the benefits of one-call notification and the cost of implementing and complying with the requirements of the State one-call notification program; and(3) voluntary participation where the State determines that a type of underground facility or an activity of a type of excavator poses a de minimis risk to public safety or the environment.
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(2) a reasonable relationship between the benefits of one-call notification and the cost of implementing and complying with the requirements of the State one-call notification program; and
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(d) To the extent the State determines appropriate and necessary to achieve the purposes of this chapter, a State one-call notification program shall, at a minimum, provide for—(1) administrative or civil penalties commensurate with the seriousness of a violation by an excavator or facility owner of a State one-call notification program;(2) increased penalties for parties that repeatedly damage underground facilities because they fail to use one-call notification systems or for parties that repeatedly fail to provide timely and accurate marking after the required call has been made to a one-call notification system;(3) reduced or waived penalties for a violation of a requirement of a State one-call notification program that results in, or could result in, damage that is promptly reported by the violator;(4) equitable relief; and(5) citation of violations.
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(1) administrative or civil penalties commensurate with the seriousness of a violation by an excavator or facility owner of a State one-call notification program;
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(3) reduced or waived penalties for a violation of a requirement of a State one-call notification program that results in, or could result in, damage that is promptly reported by the violator;
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(3) In order to expedite compliance under this section, the Secretary may consult with the State as to whether an existing State one-call notification program, a specific modification thereof, or a proposed State program would result in a positive determination under paragraph (2).
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(7) compliance and enforcement under the State one-call notification program.
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(b) In making grants under this section, the Secretary shall take into consideration the commitment of each State to improving its State one-call notification program, including legislative and regulatory actions taken by the State after the date of enactment of this chapter.