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Any excavator or wrecker who intentionally and reck1essly defaults compliance with the provisions of this chapter shall incur a felony, and upon conviction thereof shall he sentenced to a term of imprisonment of not less than one hundred and eighty-one (181) days; or punished with a fine of not less than five thousand dollars ($5,000), nor greater than fifty thousand dollars ($50,000); or both penalties, at the discretion of the court. The court may also impose the restitution penalty.The Secretary of Justice may, motu proprio or by petition of the President of the Public Service Commission, file before the court the corresponding action for violations of this chapter.The provisions of this section shall not be construed as an impairment to the civil, administrative and penal liability of the excavator or wrecker pursuant to the laws in effect.Any person who intentionally removes or otherwise disposes of any signal, mark, flag, tape, paint mark, sign or similar device which identifies any underground installation before the excavation or demolition which originates the same has concluded, shall incur a misdemeanor and upon conviction thereof, shall be sanctioned with the penalty

s any underground installation before the excavation or demolition which originates the same has concluded, shall incur a misdemeanor and upon conviction thereof, shall be sanctioned with the penalty of imprisonment for a term of not less than one month, nor greater than six (6) months or a fine of not less than two hundred dollars ($200) nor greater than five hundred dollars ($500), or both penalties, at the discretion of the court. History —Sept. 11, 1998, No. 267, § 13, eff. 30 days after Sept. 11, 1998.