Civil penalty for violation of regulations adopted in conformity with Natural Gas Pipeline Safety Act of 1968; compromise and recovery of penalty.
1. Any person who violates any provision of any regulation adopted by the Commission in conformity with the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. §§ 1671 et seq.) or with a federal regulation adopted pursuant thereto shall be subject to a civil penalty not to exceed $10,000 for each violation for each day that the violation persists, but the maximum civil penalty must not exceed $500,000 for any related series of violations. Unless compromised, the amount of any such civil penalty must be determined by a court of competent jurisdiction.
2. Any civil penalty may be compromised by the Commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, must be considered.
3. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sum owing by the State to the person charged or may be recovered in a civil action in any court of competent jurisdiction.
Last modified: February 26, 2006