§ 49-22.1-20 — Penalties

North Dakota § 49-22.1-20

• Jurisdiction: North Dakota
• Title 49: Public Utilities
• Ch. 49-22.1: Energy Conversion and Transmission Facilities

Text

1. Any person required by this chapter to have a certificate or permit who willfully begins
construction of a gas or liquid energy conversion facility or gas or liquid transmission
facility without previously securing a certificate or permit as prescribed by this chapter,
or who willfully constructs, operates, or maintains a gas or liquid energy conversion
facility or gas or liquid transmission facility other than in compliance with the certificate
or permit and any terms, conditions, and modifications contained in the certificate or
permit 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 is 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 violation for each day the
violations persist, except the maximum penalty may not exceed two hundred thousand
dollars for any related series of violations:
a. Begins construction of a gas or liquid energy conversion facility or a gas or liquid
transmission facility without having been issued a certificate or permit pursuant to
this chapter.
b. Constructs, operates, or maintains a gas or liquid energy conversion facility or a
gas or liquid 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.
4. The civil penalty provided for in subsection 3 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.
5. Notwithstanding any other provision of this chapter, the commission may, by injunctive
procedures, without bond or other undertaking, proceed against any person that
willfully engages in any conduct described in subsection 3. No liability may accrue to
the commission or its authorized representative in proceeding against any person
pursuant to this section.