Title 25, Chapter 9, Section 13
( 25-9-13)
(a) Any person who violates the requirements of Code Section 25-9-6 and whose subsequent excavating or blasting damages utility facilities shall be strictly liable for: (1) Any cost incurred by the facility owner or operator in
repairing or replacing its damaged facilities; and (2) Any injury or damage to persons or property resulting from
damaging the utility facilities. (b) Any such person shall also indemnify the affected facility owner
or operator against all claims, if any, for personal injury,
property damage, or service interruptions resulting from damaging
the utility facilities. Such obligation to indemnify shall not
apply to any county, city, town, or state agency to the extent
permitted by law. (c) In addition to the other provisions of this Code section, a professional licensing board shall be authorized to suspend or revoke any professional or occupational license, certificate, or registration issued to a person pursuant to Title 43 whenever such person violates the requirements of Code Section 25-9-6 or 25-9-8. (d) Subsections (a), (b), and (c) of this Code section shall not apply to any person who shall commence, perform, or engage in blasting or in excavating with mechanized equipment on any tract or parcel of land in any county in this state if the facility owner or operator to which notice was given respecting such blasting or excavating with mechanized equipment as prescribed in subsection (a) of Code Section 25-9-6 has failed to comply with Code Section 25-9-7 or has failed to become a member of the utilities protection center as required by Code Section 25-9-5. (e) The commission shall enforce the provisions of this chapter.
The commission may promulgate any rules and regulations necessary to
implement the commission's authority to enforce this chapter. (f)(1) The commission shall create an advisory committee
consisting of representatives of the following groups and
agencies: facility owners or operators; utilities protection
center; excavators; municipalities; counties; Georgia Department
of Transportation; Governor's Office of Consumer Affairs; and
underground line locators. The advisory committee shall consist
of one representative from each of the above groups and agencies,
with the exception of facility owners or operators and excavators,
which groups shall each have two representatives on the advisory
committee. The commission chairperson or such chairperson's
representative shall also serve on the advisory committee.
Persons appointed to the advisory committee shall have expertise
with the subject matter encompassed by the provisions of this
chapter. (2) The advisory committee shall assist the commission in the
enforcement of this chapter, and shall perform duties to be
assigned by the commission including, but not limited to, the
review of reported violations of this chapter, and the preparation
of recommendations to the commission as to the appropriate
penalties to impose on persons violating the provisions of this
chapter. (3) The members of the advisory committee shall be immune,
individually and jointly, from civil liability for any act or
omission done or made in the performance of their duties while
serving as members of such advisory committee, but only in the
absence of willful misconduct. (g) The commission may, by judgment entered after a hearing on
notice duly served on any person not less than 30 days before the
date of the hearing, impose a civil penalty not exceeding $10,000.00
for each violation, if it is proved that the person violated any of
the provisions of this chapter, as a result of a failure to exercise
reasonable care. Any proceeding or civil penalty undertaken
pursuant to this Code section shall not prevent nor preempt the
right of any party to obtain civil damages for personal injury or
property damage in private causes of action. Except as otherwise
provided by law, this subsection shall not authorize the commission
to impose civil penalties on any county, city, town, or state
agency. The commission shall inform the counties, cities, towns, or
state agencies of reports of alleged violations involving the
county, city, town, or state agency and, at the request of the
county, city, town, or state agency, suggest corrective action. The
fine provided for in this subsection shall not be imposed on a
person engaged in farming activities on land such person owns or
leases. (h) All civil penalties collected pursuant to this Code section
shall be deposited in the general fund of the state treasury. |