§ 49-22-21 — Penalties

North Dakota § 49-22-21

• Jurisdiction: North Dakota
• Title 49: Public Utilities
• Ch. 49-22: Energy Conversion and Transmission Facility Siting Act

Text

1. Any person required by this chapter to have a certificate or permit who willfully begins
construction of an electric energy conversion facility or electric transmission facility
without previously securing a certificate or permit as prescribed by this chapter, or who
willfully constructs, operates, or maintains an electric energy conversion facility or
electric transmission facility other than in compliance with the certificate or permit and
any terms, conditions, and modifications contained therein is guilty of a class A
misdemeanor.
2. Any person who willfully violates any regulation issued or approved pursuant to this
chapter or who willfully falsifies, tampers with, or renders inaccurate any monitoring
device or method required to be maintained under this chapter shall be guilty of a
class A misdemeanor.
3. Any person who willfully engages in any of the following conduct is subject to a civil
penalty of not to exceed ten thousand dollars for each such violation for each day the
violations persist, except that the maximum penalty may not exceed two hundred
thousand dollars for any related series of violations:
a. Begins construction of an electric energy conversion facility or an electric
transmission facility without having been issued a certificate or permit pursuant to
this chapter.
b. Constructs, operates, or maintains an electric energy conversion facility or an
electric transmission facility other than in compliance with the certificate or permit
and any terms, conditions, or modifications contained therein.
c. Violates any provision of this chapter or any rule adopted by the commission
pursuant to this chapter.
d. Falsifies, tampers with, or renders inaccurate any monitoring device or method
required to be maintained pursuant to a certificate or permit issued pursuant to
this chapter.
The civil penalty provided for in this subsection may be compromised by the
commission. The amount of the penalty when finally determined or agreed upon in
compromise must be deposited in the general fund and, if not paid, may be recovered
in a civil action in the courts of the state.
4. Notwithstanding any other provision of this chapter, the commission, by injunctive
procedures, without bond or other undertaking, may proceed against any person who
willfully engages in any conduct described in subsection 3. No liability shall accrue to
the commission or its authorized representative in proceeding against any person
pursuant to this section.