A. Any person who has been determined by the Commission to have violated any provision of any rule, regulation or order issued pursuant to the provisions of the Commission related to pipeline safety shall be liable for a civil penalty of not more than Two Hundred Thousand Dollars ($200,000.00) for each day that the violation continues. The maximum civil penalty shall not exceed Two Million Dollars ($2,000,000.00) for any related series of violations.
B. The amount of the penalty shall be assessed by the Commission pursuant to the provisions of subsection A of this section, after notice and hearing. In determining the amount of the penalty, the Commission shall include but not be limited to consideration of the nature, circumstances and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, the effect on ability of the person to continue to do business, and any show of good faith in attempting to achieve compliance with the provisions of the rules and regulations of the Commission.
All penalties collected pursuant to the provisions of this section shall be deposited into the Pipeline Enforcement Fund.
C. Any person who willfully and knowingly injures or destroys, or attempts to injure or destroy, any pipeline transportation system, upon conviction, shall be guilty of a felony and shall be subject for each offense to a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or imprisonment for a term not to exceed fifteen (15) years or both such fine and imprisonment.
Added by Laws 1992, c. 271, § 2, emerg. eff. May 25, 1992. Amended by Laws 1997, c. 133, § 136, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 62, eff. July 1, 1999; Laws 2016, c. 185, § 1, eff. July 1, 2016; Laws 2021, c. 91, § 1, eff. Nov. 1, 2021.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 136 from July 1, 1998, to July 1, 1999.