48:2-87. Illegal excavation; disorderly persons offense, third degree crime
15. Any person who knowingly engages in an excavation without:
a. First using the One-Call Damage Prevention System to determine the location of underground facilities in the area being excavated; or
b. Heeding appropriate location information or markings established by any operator; or
c. Otherwise complying with the provisions of this act; is guilty of a disorderly persons offense. If, because of the violation, damage occurs to an underground facility resulting in death, serious bodily harm, or actual damage to property or loss of service revenue exceeding $50,000, or damage occurs to an underground hazardous liquid pipeline facility resulting in the release of more than 50 barrels of product, the person shall, upon conviction, be guilty of a crime of the third degree.
Nothing in this section shall limit the jurisdiction of the board with respect to natural gas pipeline safety or limit the jurisdiction of the board or a court of competent jurisdiction with respect to the civil administrative penalty and enforcement provisions of this act.
L.1994,c.118,s.15; amended 1997, c.7, s.3.
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