TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530 ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.810 SANCTIONS AND OTHER REMEDIES
Section 530.810 Sanctions and Other Remedies
a) Failure of the permittee to do any of the following constitutes grounds to revoke a permit issued under this Part:
1) comply fully with the terms of the permit, including the provisions set forth in this Part;
2) remove, relocate, or otherwise modify its facility, in a timely manner, when required to do so by the Department; and
3) pay, within 90 days, the costs apportioned to it pursuant to Section 530.320 and provisions of this Part.
b) Noncompliance of a continuing, pervasive, or serious nature may result in the revocation or modification of all of the permittee's permits throughout the State.
c) Upon revocation of its permit, or if notified that no valid permit exists and that a permit is required, the responsible party shall remove its facility in a timely manner (See Section 530.30 "Timely") at no expense to the Department.
d) If the Department finds mitigating circumstances (such as unavailability of funds or that the failure to comply had not caused major problems), the Department may impose sanctions and conditions on a permittee which may include, but not be limited to, the following:
1) The permit may be revoked in part.
2) A surety bond may be required, even for facilities already in place.
3) Existing and future facilities may be required to be buried and encasement may also be required.
e) Failure of a permittee (or former permittee) to comply with the Department's notice of revocation or amendment constitutes a violation of this Part and Section 9-113 of the Code.