Section 374:7-a Violation.
I. Any person who knowingly or willfully violates any provision of RSA 370:2 or any standards or rules adopted under it by the public utilities commission, relative to gas pipelines and liquefied petroleum gas systems pursuant to the Natural Gas Pipeline Safety Act, shall be subject to a civil penalty of not exceeding $100,000 for each violation for each day that the violation persists. However, the maximum civil penalty shall not exceed $1,000,000 for any related series of violations.
II. Any person who otherwise violates any provision of RSA 370:2 or any standards or rules adopted under it by the public utilities commission, relative to gas pipelines and liquefied petroleum gas systems pursuant to the Natural Gas Pipeline Safety Act, shall be subject to a civil penalty of not exceeding $10,000 for each violation for each day that the violation persists. However, the maximum civil penalty shall not exceed $500,000 for any related series of violations.
III. Any civil penalty assessed under this section may be compromised by the public utilities 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, the good faith of the person charged in attempting to achieve compliance, after notification of a violation, the degree of culpability of the person, the history of prior violations, the effect of the penalty on the person, and any other identifiable factor related to the circumstances of the person and the nature and circumstances of the 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 in the state courts.
Source. 1969, 280:1. 1989, 240:2. 2004, 148:3, eff. Jan. 1, 2005.