49-34B-12 Civil penalty for violations--Maximum penalties--Penalties credited to pipeline safety acc...
Civil penalty for violations--Maximum penalties--Penalties credited to pipeline
safety account--Interstate facilities exempt.
Any person who violates any provision of this chapter
or any rule promulgated pursuant to this chapter is subject to a civil penalty to be imposed by the
commission, after notice and opportunity for hearing. The civil penalty may not exceed one hundred
thousand dollars for each violation each day that the violation persists, except that the maximum
civil penalty may not exceed one million dollars for any related series of violations. In determining
the amount of the penalty upon finding a violation, or the amount of a compromise settlement, the
commission shall consider the appropriateness of the penalty to the size of the business of the person
charged, the gravity of the violation, prior offenses and compliance history, the good faith of the
person charged in attempting to achieve compliance, and such other matters as justice may require.
All penalties collected pursuant to this chapter shall be deposited in the state treasury to the credit
of the pipeline safety account, established pursuant to § 49-34B-9. This section does not apply to
interstate gas pipeline facilities.
Source: SL 1994, ch 357, § 11; SL 2012, ch 231, § 5.