299F.60 PIPELINE VIOLATION; RULES, CIVIL PENALTIES.
Subdivision 1. Money penalty.
Any person who violates any provision of sections
, or any rule issued thereunder, shall be subject to a civil penalty to be imposed by
the commissioner not to exceed $10,000 for each such violation for each day that such violation
persists, except that the maximum civil penalty shall not exceed $500,000 for any related series of
Subd. 2. Compromise settlement.
The commissioner may negotiate a compromise
settlement of a civil penalty. In determining the amount of such penalty, or the amount of the
compromise settlement, the commissioner shall consider the appropriateness of such penalty to
the size of the business of the person charged, the gravity of the violation, and the good faith
of the person charged in attempting to achieve compliance, after notification of a violation.
The contested case and judicial review provisions of chapter 14 shall apply to all orders of the
commissioner imposing any penalty for violations of sections
or any rule
promulgated thereunder. The amount of such penalty, when finally determined, may be deducted
from any sums owing by the state of Minnesota to the person charged.
Subd. 3. Multiple liability for same violation.
No person shall be subjected to civil
penalties under both sections
and under the federal Natural Gas Pipeline
Safety Act or the federal Hazardous Liquid Pipeline Safety Act, for conduct which may give rise
to a violation of both acts.
Subd. 4. Penalties paid into account.
All penalties collected under sections
shall be paid over to the commissioner of finance for deposit in the state treasury
to the credit of the pipeline safety account.
Subd. 5. Rules.
The commissioner shall adopt rules establishing reasonable guidelines for
imposing penalties. The rules must treat separately and distinguish between violations that relate
to hazardous liquid pipelines, gas pipelines, and other pipelines; must provide for notice that a
penalty is assessed; and may exempt activities from penalties unless the person has evidenced a
course of action in disregard of this chapter.
History: 1969 c 399 s 1; 1969 c 988 s 5; 1975 c 31 s 2,3; 1982 c 424 s 130; 1985 c 248 s
70; 1987 c 353 s 17; 1989 c 244 s 12; 2003 c 112 art 2 s 50