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7560.0800 CIVIL PENALTIES.

Subpart 1.

Proceedings against excavators.

When the office has good cause to believe that an excavator is engaging or has engaged in conduct that violates Minnesota Statutes, section 216D.04, subdivision 1, 2, or 3; 216D.05, clause (1), (2), (3), or (4); or 216D.06, subdivision 1, or a rule adopted under Minnesota Statutes, section 216D.08, subdivision 4, the office, if appropriate, shall negotiate a civil penalty under Minnesota Statutes, section 216D.08, subdivision 2. A penalty imposed under Minnesota Statutes, section 216D.08, is subject to the contested case and judicial review provisions of Minnesota Statutes, chapter 14. An operator who engages or has engaged in excavation that violates Minnesota Statutes, chapter 216D, is subject to the proceedings specified in subpart 2 and is subject to the penalties specified in subpart 4, item B or C.

Subp. 2.

Proceedings against underground facility operators.

The office may negotiate a civil penalty under item A or B.

A.

When the office has good cause to believe that an underground facility operator, other than an operator set forth in item B, is engaging or has engaged in conduct that violates Minnesota Statutes, sections 216D.01 to 216D.07, or a rule adopted under Minnesota Statutes, section 216D.08, subdivision 4, the office, if appropriate, shall negotiate a civil penalty under Minnesota Statutes, section 216D.08, subdivision 2. A penalty imposed under Minnesota Statutes, section 216D.08, is subject to the contested case and judicial review provisions of Minnesota Statutes, chapter 14.

B.

When the office has good cause to believe that an operator who engages in the transportation of gas or hazardous liquids or who owns or operates a gas or hazardous liquid pipeline facility is engaging or has engaged in conduct that violates Minnesota Statutes, sections 299F.56 to 299F.641, or a rule adopted under Minnesota Statutes, section 299F.60, subdivision 5, the office, if appropriate, shall negotiate a civil penalty under Minnesota Statutes, section 299F.60, subdivision 2. A penalty imposed under Minnesota Statutes, section 299F.60, is subject to the contested case and judicial review provisions of Minnesota Statutes, chapter 14.

Subp. 3.

Assessment considerations.

In assessing a civil penalty under this part, the office shall consider the following factors:

A.

the nature, circumstances, and gravity of the violation;

B.

the degree of the person's culpability;

C.

the person's history of previous offenses;

D.

the person's ability to pay;

E.

good faith on the part of the person in attempting to remedy the cause of the violation;

F.

the effect of the penalty on the person's ability to continue in business; and

G.

past reports of damage to an underground facility by a person.

Subp. 4.

Maximum penalties.

For the purposes of this part, penalties imposed under this part must not exceed the limits in items A to C.

A.

Penalties imposed against excavators must not exceed $1,000 for each violation per day of violation.

B.

Penalties imposed against underground facility operators, other than an operator set forth in item C, must not exceed $1,000 for each violation per day of violation.

C.

Penalties imposed against an operator who engages in the transportation of gas or hazardous liquids or who owns or operates a gas or hazardous liquid pipeline facility must not exceed $10,000 for each violation for each day that the violation persists, except that the maximum civil penalty must not exceed $500,000 for a related series of violations.

Subp. 5.

Payment procedure.

The person shall pay a civil penalty that has been proposed, assessed, or compromised by submitting to the office a check or money order in the correct amount, payable to the commissioner of public safety.

Statutory Authority:

MS s 14.06; 216D.08; 299F.56; 299F.60; 299F.641; 299J.04

History:

16 SR 135; 24 SR 448

Published Electronically:

July 20, 2005