Browse Arkansas Code titles and sections
14-271-104. Penalties — Civil remedies.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 Gener
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-271-104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:14-271-104
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 328cd23509cc242dce750be0db10f9e64b7273a6cde20e0d5d1dc1cad6671723
Source location: content.xml paragraph 52423
Stored source content
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) This section shall not apply to:
(1) The State Highway Commission;
(2) The Arkansas Department of Transportation;
(3) An officer or employee of the commission or Arkansas Department of Transportation;
(4) A county judge; or
(5) A county road department.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Minimum Requirements.—** The Secretary of Transportation shall prescribe regulations providing minimum requirements for establishing and operating a one-call notification system for a State to adopt that will notify an operator of a pipeline facility of activity in the vicinity of the facility that could threaten the safety of the facility. The regulations shall include the following:
(1) a requirement that the system apply to all areas of the State containing underground pipeline facilities.
(2) a requirement that a person, including a government employee or contractor, intending to engage in an activity the Secretary decides could cause physical damage to an underground facility must contact the appropriate system to establish if there are underground facilities present in the area of the intended activity.
(3) a requirement that all operators of underground pipeline facilities participate in an appropriate one-call notification system.
(4) qualifications for an operator of a facility, a private contractor, or a State or local authority to operate a system.
(5) procedures for advertisement and notice of the availability of a system.
(6) a requirement about the information to be provided by a person contacting the system under clause (2) of this subsection.
(7) a requirement for the response of the operator of the system and of the facility after they are contacted by an individual under this subsection.
(8) a requirement that each State decide whether the system will be toll free.
(9) a requirement for sanctions substantially the same as provided under sections 60120 and 60122 of this title.
**(b) Marking Facilities.—** On notification by an operator of a damage prevention program or by a person planning to carry out demolition, excavation, tunneling,
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 60114
Stored review status: release_metadata_unconfirmed. The source passage cites 49 U.S.C. § 60114. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1773
TITLE 49—TRANSPORTATION
§ 60114
tions (including legislative recommendations) regard-
ing maintenance of customer-owned natural gas service
lines.’’
§ 60114. One-call notification systems
(a) MINIMUM REQUIREMENTS.—The Secretary of
Transportation shall prescribe regulations pro-
viding minimum requirements for establishing
and operating a one-call notification system for
a State to adopt that will notify an operator of
a pipeline facility of activity in the vicinity of
the facility that could threaten the safety of the
facility. The regulations shall include the fol-
lowing:
(1) a requirement that the system apply to
all areas of the State containing underground
pipeline facilities.
(2) a requirement that a person, including a
government employee or contractor, intending
to engage in an activity the Secretary decides
could cause physical damage to an under-
ground facility must contact the appropriate
system to establish if there are underground
facilities present in the area of the intended
activity.
(3) a requirement that all operators of un-
derground pipeline facilities participate in an
appropriate one-call notification system.
(4) qualifications for an operator of a facil-
ity, a private contractor, or a State or local
authority to operate a system.
(5) procedures for advertisement and notice
of the availability of a system.
(6) a requirement about the information to
be provided by a person contacting the system
under clause (2) of this subsection.
(7) a requirement for the response of the op-
erator of the system and of the facility after
they are contacted by an individual under this
subsection.
(8) a requirement that each State decide
whether the system will be toll free.
(9) a requirement for sanctions substantially
t
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 60114
Stored review status: historical_2024_not_currentness_verified. The source passage cites 49 U.S.C. § 60114. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) General Requirements.—** A person owning or operating a pipeline facility shall—
(1) comply with applicable safety standards prescribed under this chapter, except as provided in this section or in section 60126;
(2) prepare and carry out a plan for inspection and maintenance required under section 60108(a) and (b) of this title;
(3) allow access to or copying of records, make reports and provide information, and allow entry or inspection required under subsections (a) through (e) of [section 60117 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60117&num=0&edition=prelim); and
(4) conduct a risk analysis, and adopt and implement an integrity management program, for pipeline facilities as required under section 60109(c).
**(b) Compliance Orders.—** The Secretary of Transportation may issue orders directing compliance with this chapter, an order under section 60126, or a regulation prescribed under this chapter. An order shall state clearly the action a person must take to comply.
**(c) Waivers by Secretary.—**
(1) **Nonemergency waivers.—**
(A) *In general.—* — On application of an owner or operator of a pipeline facility, the Secretary by order may waive compliance with any part of an applicable standard prescribed under this chapter with respect to such facility on terms the Secretary considers appropriate if the Secretary determines that the waiver is not inconsistent with pipeline safety.
(B) *Hearing.—* — The Secretary may act on a waiver under this paragraph only after notice and an opportunity for a hearing.
(2) **Emergency waivers.—**
(A) *In general.—* — The Secretary by order may waive compliance with any part of an applicable standard prescribed under this chapter on terms the Secretary consider
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 60118
Stored review status: release_metadata_unconfirmed. The source passage cites 49 U.S.C. § 60118. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1783
TITLE 49—TRANSPORTATION
§ 60118
moment following confirmed discovery of an accident
or incident and not later than 1 hour following the
time of such confirmed discovery;
‘‘(2) review procedures for owners and operators of
pipeline facilities and the National Response Center
to provide thorough and coordinated notification to
all relevant State and local emergency response offi-
cials, including 911 emergency call centers, for the ju-
risdictions in which those pipeline facilities are lo-
cated in the event of an accident or incident, and re-
vise such procedures as appropriate; and
‘‘(3) require such owners and operators to revise
their initial telephonic or electronic notice to the
Secretary and the National Response Center with an
estimate of the amount of the product released, an
estimate of the number of fatalities and injuries, if
any, and any other information determined appro-
priate by the Secretary within 48 hours of the acci-
dent or incident, to the extent practicable.
‘‘(c) UPDATING OF REPORTS.—After receiving revisions
described in subsection (b)(3), the National Response
Center shall update the initial report on an accident or
incident instead of generating a new report.’’
[Terms used in section 9 of Pub. L. 112–90, set out
above, have the meaning given those terms in this
chapter, see section 1(c)(1) of Pub. L. 112–90, set out as
a note under section 60101 of this title.]
GUIDANCE
Pub. L. 112–90, § 13(b), Jan. 3, 2012, 125 Stat. 1914, pro-
vided that: ‘‘Not later than 1 year after the date of en-
actment of this Act [Jan. 3, 2012], the Secretary of
Transportation shall issue guidance to clarify the
meaning of the term ‘new or novel technologies or de-
sign’ as used in section 60117(n)(1)(B)(ii) [now 49 U.S.C.
60117(o)(1)(
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 60118
Stored review status: historical_2024_not_currentness_verified. The source passage cites 49 U.S.C. § 60118. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-271-109. Notice to One Call Center — Exceptions.
(a) Compliance with notice requirements of § 14-271-112 is not required for:
(1) The moving of earth that is not on a right-of-way or within an easement of an operator by tools manipulated only by human or animal power;
(2) The moving of earth by an operator that is on a right-of-way or within an easement of the operator by tools only manipulated by human power and exclusively for the purposes of system maintenance and leak detection;
(3) Any agricultural purposes, including any form of cultivation for agricultural purposes, digging for postholes on private property, construction and maintenance of farm ponds, land clearing, or other normal agricultural purposes that are not on a right-of-way of an operator;
(4) The opening of a grave in a cemetery that is not on a right-of-way of an operator; or
(5) Routine road work and general maintenance as performed in the right-of-way by state or county maintenance departments, but excluding any work or maintenance involving any demolition or excavation.
(b)(1) Compliance with notice requirements of § 14-271-112 is not required of persons responsible for repair or restoration of service, or to ameliorate an imminent danger to life, health, property, or public safety.
(2) However, those persons shall give, as soon as practicable, oral notice of the emergency excavation or demolition to the One Call Center and request emergency assistance from the One Call Center in locating and providing immediate protection to its underground facilities.
(3) An imminent danger to life, health, property, or public safety exists whenever there is a substantial likelihood that loss of life, health, or property will result before the procedures under § 14-271-112 can be fully compli
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-271-109
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-271-109. This identifies an authority to review, not proof of applicability.