The system may adopt rules requiring, under certain circumstances, face-to-face meetings between excavators and underground facility operators.

When excavating within 18 inches of any underground facilities, nonmechanical means must be employed, as necessary, to avoid damage in locating and exposing those facilities.__Any further excavation must be performed employing reasonable precautions to avoid damage to any underground facilities, including, but not limited to, any substantial weakening of structural or lateral support of those facilities, penetration or destruction of any pipe, main, wire or conduit or the protective coating of any pipe, main, wire or conduit or damage to any pipe, main, wire or conduit.

Sec. 3. 23 MRSA §3360-A, sub-§5, as enacted by PL 1979, c. 362, §2, is repealed and the following enacted in its place:

5.__Emergency excavations.__In an emergency, the excavator may commence excavating after having taken all reasonable steps, consistent with the emergency, to notify the system and to mark the excavation site consistent with subsection 3-C, paragraph C.__ Each underground facility operator shall locate its underground facilities as soon as practicable after receiving notification of an emergency excavation whether or not the excavation has begun.

Sec. 4. 23 MRSA §3360-A, sub-§6-A, as amended by PL 1997, c. 631, §4, is repealed and the following enacted in its place:

6-A.__Forfeitures.__An excavator who does not give notice of an excavation as required under subsection 3, except an excavation in an area for which written clearance has been issued pursuant to subsection 4-A, or who undertakes the excavation in a reckless or negligent manner that poses a threat to an underground facility or an underground facility operator who does not mark the location of the operator's underground facilities as required by subsection 4 commits a civil violation.

Any person or company found by the Public Utilities Commission, after a hearing, to have violated any provision of this section must be fined not more than $500 for the first offense and not more than $5,000 for any subsequent offense within 12 consecutive months, in addition to any other remedies or forfeitures provided by law or any liability for actual damages.