§ 15-72-103 — Penalty

(a) (1) (A) A person who violates this subchapter or a rule or order of the Oil and Gas Commission made under this subchapter, in the event a penalty for the violation is not otherwise provided for in this subchapter, is subject to a penalty not to exceed two thousand five hundred dollars ($2,500) a day for each day of violation and for each violation. (B) A person who transports a liquid or other substance and violates a rule or order of the commission by dumping or disposing of the liquid or other substance improperly or without authorization at a well or well site is subject to a penalty not to exceed one hundred thousand dollars ($100,000) for each violation. (2) (A) If the penalty is not recovered by the commission within the time frame specified by the commission, the penalty may be recovered in a suit in the circuit court of the county where the defendant resides or in the county of the residence of any defendant if there is more than one (1) defendant, or in the circuit court of the county where the violation took place. (B) The place of suit shall be selected by the commission. (3) The suit, by direction of the commission, shall be instituted and conducted in the name of the commission by the attorney for the commission or by the Attorney General or under his or her direction by the prosecuting attorney of the county where the suit is instituted. (b) The payment of any penalty as provided for in this section shall not have the effect of changing illegal oil into legal oil, illegal gas into legal gas, or illegal product into legal product, nor shall the payment have the effect of authorizing the sale, purchase, acquisition, transportation, refining, processing, or handling in any other way of such illegal oil, illegal gas, or illegal product, but to the contrary, penalty shall be imposed for each prohibited transaction relating to the illegal oil, illegal gas, or illegal product. (c) Any person knowingly and willfully aiding or abetting any other person in the violation of any statute of this state relating to the conservation of oil or gas, or the violation of any provision of this act, or any rule or order made thereunder shall be subject to the same penalties as are prescribed herein for the violation by the other person.

Legislative History

Amended by Act 2019, No. 315,§ 1237, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1236, eff. 7/24/2019. Amended by Act 2013, No. 1262,§ 1, eff. 8/16/2013. Acts 1939, No. 105, § 22; 1981, No. 523, § 5; A.S.A. 1947, § 53-122; Acts 2007, No. 859, § 3.