§ 39-3-40 - Storage, transportation and distribution of gas – Regulation – Penalties.
SECTION 39-3-40
§ 39-3-40 Storage, transportation anddistribution of gas – Regulation – Penalties. – (a) In regulating the storage, transportation and distribution of gas and thepressure under which these operations may respectively be carried on, thedivision of public utilities and carriers may ascertain, determine and fixadequate and serviceable standards for the measurement of quality, pressure orother condition pertaining to the performing of its service, or to thefurnishing of its product or commodity by any gas storage, transportation anddistribution facility, and prescribe reasonable regulations for examination andtesting of such service, product or commodity.
(b) Any person, firm or corporation who violates anyprovision of any code adopted by the division pertaining to the safety ofpipeline facilities and the transportation of gas, or of any regulation or rulethereunder, at a time when the division has submitted and has in effect theannual certification to the United States secretary of transportation providedfor in § 5(a) of the Natural Gas Pipeline Safety Act of 1968, as amended,(see § 1671 et seq. of Title 49 of the United States Code), shall besubject to a civil penalty not to exceed ten thousand dollars ($10,000) foreach violation for each day that the violation persists; provided, however,that the maximum civil penalty shall not exceed five hundred thousand dollars($500,000) for any related series of violations.
(2) Any such penalty shall be determined by the division. Indetermining the amount of the penalty, the appropriateness of the penalty tothe size of the business of the person, firm or corporation charged, thegravity of the violation, and the good faith of the person, firm or corporationcharged in attempting to achieve compliance after notification of a violation,shall be considered. The amount of the penalty, where finally determined, maybe deducted from any sums which the state may owe to the person, firm orcorporation charged or may be recovered in a civil action commenced in thestate courts.