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operation of a residence or business; and
(b) Wholly located on or beneath private
property; or
(ii) Residential or agricultural underground
irrigation systems;
(14)(18)(A) “Underground pipeline facilities” means any
underground
liquids.
(B) However, this definition "Underground pipeline
does not apply to persons, including operator's master meters, whose primary activity does not include the production, transportation, or
marketing of gas or hazardous liquids or to master-metered systems whose underground facilities do not cross property other than their own or are not located under public rights-of-way; and
(15)(19) “Working day” means every day, except Saturday, Sunday, and national and legal state holidays.
SECTION 2. Arkansas Code § 14-271-104 is amended to read as follows: 14-271-104. Penalties — Civil remedies.
(a)(1) A person who violates this chapter may be required to undergo
training in underground facilities damage prevention according to a training program developed and administered by the One Call Center.
(2)(A) Except as provided in subdivision (a)(2)(a)(3) of this section, any person who damages an underground facility and 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 or mandatory training in underground facilities damage prevention, as follows:
(i)(a) For a first violation in a twelve-month period, the person shall be ordered to undergo the training under subdivision
(a)(1) of this section.
(b) For subsequent violations of this subchapter, within a twelve-month period, the maximum penalty amount under
the penalty structure of this subsection (a) shall not exceed fifty thousand dollars ($50,000);
(ii) For a second violation in a twelve-month period, the person shall be ordered to pay a civil penalty in an amount up to
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facilities"
pipeline facility used to transport natural gas or hazardous
SB297
2023, Issue 1 Arkansas 811 Magazine • 7
