[§269E-14]  Penalties.  (a)  An action
for the enforcement of penalties pursuant to this chapter shall be brought
before the commission by the State, county, excavator, or any operator.



(b)  Any excavator or operator who negligently
violates, neglects, or fails in any particular instance to conform to or comply
with any requirement of this chapter or any order or rule of the commission:



(1)  Shall be subject to a civil penalty not to exceed
$5,000 per day for each day such violation, neglect, or failure continues, to
be assessed by the commission after a hearing in accordance with chapter 91;
provided that the maximum penalty for related violations arising out of the
same act, omission, or occurrence shall not exceed $100,000; and



(2)  May be required, at the expense of the violator,
to participate in an educational program conducted by the center; provided that
any excavator who negligently violates section 269E-7(a) shall be required, at
the expense of the excavator, to participate in an educational program
conducted by the center.



(c)  Upon written application filed within
fifteen days after service of an order imposing a civil penalty pursuant to
this section, the commission may remit or mitigate such penalty upon such terms
as it deems proper.  In determining whether such penalty should be remitted or
mitigated, the commission may consider:



(1)  The gravity of the violation;



(2)  Whether the excavator or operator charged with
the violation attempted in good faith to comply with this chapter, before and after
notification of the violation; and



(3)  Any history of previous violations of this
chapter by the operator or excavator.



(d)  If any penalties imposed pursuant to this
section are not paid or complied with within such period as the commission may
direct, the attorney general shall institute a civil action in circuit court
for compliance of the same.



(e)  In addition to civil penalties imposed,
the nonprevailing party shall reimburse the prevailing party for legal fees and
costs incurred by the prevailing party.



(f)  Notwithstanding any other law to the
contrary, this chapter shall not affect any remedies, civil or criminal,
otherwise provided by law.  This chapter, and compliance therewith, shall not
be construed as altering or mitigating any liabilities, responsibilities, or
obligations imposed by law, rule, agreement, or contract, or as affording any
immunity or protection from claims for injuries or damages relating to the
excavation.  This chapter does not expressly transfer, and shall not be deemed
to imply the transfer of, any liability between operators and excavators.  No
insurance policy shall provide coverage for any civil penalties imposed under
this chapter. [L 2004, c 141, pt of §1]