§ 38-08-16 — Civil and criminal penalties

1. Any person who violates any provision of this chapter, or any rule, regulation, or order
of the commission is subject to a civil penalty to be imposed by the commission not to
exceed twelve thousand five hundred dollars for each offense, and each day's violation
is a separate offense, unless the penalty for the violation is otherwise specifically
provided for and made exclusive in this chapter. Any such civil penalty may be
compromised by the commission. All amounts paid as civil penalties must be
deposited in the abandoned oil and gas well plugging and site reclamation fund. The
penalties provided in this section, if not paid, are recoverable by suit filed by the
attorney general in the name and on behalf of the commission, in the district court of
the county in which the defendant resides, or in which any defendant resides, if there
be more than one defendant, or in the district court of any county in which the violation
occurred. The payment of the penalty may not operate to legalize any illegal oil, illegal
gas, or illegal product involved in the violation for which the penalty is imposed, or to
relieve a person on whom the penalty is imposed from liability to any other person for
damages arising out of the violation.
2. Notwithstanding any of the other provisions of this section, a person who willfully
violates any provision of this chapter, or any rule or order of the commission that
pertains to the prevention or control of pollution or waste is guilty of a class C felony
unless the penalty for the violation is otherwise specifically provided for and made
exclusive in this chapter. The criminal penalty provided for in this subsection may only
be imposed by a court of competent jurisdiction.