§ 2816. Civil penalty for violation of gas safety standards

(a) Gas pipeline safety program. Any person who violates any statute, rule, regulation, or order of the Public Utility Commission relating to safety standards or safety practices applicable to transportation of gas through gas pipeline facilities subject to the jurisdiction of the Public Utility Commission is subject to a civil penalty of not more than $200,000.00 for each violation for each day that the violation persists. However, the maximum civil penalty shall not exceed $2,000,000.00 for any related series of violations. The penalty may be imposed by the Commission after notice to the offending person of the alleged violations and opportunity for hearing.

(b) Any civil penalty may be compromised by the Public Utility 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 in attempting to achieve compliance, after notification of a violation, shall be considered. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the State to the person charged or may be recovered in a civil action based upon this section. (Added 1969, No. 94; amended 1991, No. 90; 1999, No. 157 (Adj. Sess.), § 14; 2007, No. 145 (Adj. Sess.), § 6; 2013, No. 132 (Adj. Sess.), § 1, eff. May 20, 2014.)