(a)  In general.- A person that performs an excavation or demolition without first providing the notice required under § 12-108 of this subtitle and damages, dislocates, or disturbs an underground facility is deemed negligent and is subject to a civil penalty not exceeding $1,000 for the first offense and $1,000 for each subsequent offense or ten times the cost of repairs to the underground facility caused by the damage, dislocation, or disturbance. 

(b)  Action to recover.- An action to recover a civil penalty under this section shall be brought by an owner of a damaged, dislocated, or disturbed underground facility or the Attorney General in a court of competent jurisdiction in Baltimore City or the county in which the damage, dislocation, or disturbance occurred. 

(c)  Disposition of funds.- All civil penalties recovered in an action under this section, including reasonable attorney's fees, shall be paid into the General Fund of the State. 

[An. Code 1957, art. 78, § 28A(i); 1998, ch. 8, § 2.]