RCW 19.122.070
Civil penalties—Treble damages—Existing remedies not affected.
(1) Any person who violates any provision of this chapter not amounting to a violation of RCW 19.122.055 is subject to a civil penalty of not more than one thousand dollars for an initial violation, and not more than five thousand dollars for each subsequent violation within a three-year period. All penalties recovered in such actions must be deposited in the damage prevention account created in RCW 19.122.160.
(2) Any excavator who willfully or maliciously damages a marked underground facility is liable for treble the costs incurred in repairing or relocating the facility. In those cases in which an excavator fails to notify known facility operators or a one-number locator service, any damage to the underground facility is deemed willful and malicious and is subject to treble damages for costs incurred in repairing or relocating the facility.
(3) This chapter does not affect any civil remedies for personal injury or for property damage, including that to underground facilities, nor does this chapter create any new civil remedies for such damage.
[ 2011 c 263 § 11; 2005 c 448 § 4; 1984 c 144 § 7.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
Damages to facilities on state highways: RCW 47.44.150.
Structure Revised Code of Washington
Title 19 - Business Regulations—Miscellaneous
Chapter 19.122 - Underground Utilities.
19.122.027 - One-number locator services—Single statewide toll-free telephone number.
19.122.030 - Excavator and facility operator duties before excavation.
19.122.031 - Exempted activities.
19.122.033 - Notice of excavation to pipeline companies.
19.122.045 - Exemption from liability.
19.122.053 - Report of damage to underground facility.
19.122.055 - Failure to notify one-number locator service—Civil penalty, if damages.
19.122.070 - Civil penalties—Treble damages—Existing remedies not affected.
19.122.075 - Damage or removal of permanent marking—Civil penalty.
19.122.080 - Waiver of notification and marking requirements.
19.122.090 - Excavation without a valid excavation confirmation code—Penalty.
19.122.100 - Violation of RCW 19.122.090—Affirmative defense.
19.122.110 - False excavation confirmation code—Penalty.
19.122.120 - One-number locator service to provide excavation confirmation code.
19.122.150 - Commission authority—Violations of chapter—Imposition of penalties.
19.122.160 - Damage prevention account.
19.122.170 - Damage prevention account—Use of funds.
19.122.180 - Damage prevention account—Deposit of penalties.