278.992 Penalty for certain pipeline violations.
(1)
(2)
Any person who violates any minimum safety standard adopted by the United States
Department of Transportation pursuant to the federal pipeline safety laws, 49 U.S.C.
secs. 60101 et seq., or any amendments thereto, or any regulation adopted and filed
pursuant to KRS Chapter 13A by the Public Service Commission governing the
safety of pipeline facilities or the transportation of gas as those terms are defined in
the Natural Gas Pipeline Safety Act, shall be subject to a civil penalty to be assessed
by the Public Service Commission not to exceed twenty-five thousand dollars
(,000) for each violation for each day that the violation persists. However, the
maximum civil penalty shall not exceed five hundred thousand dollars (0,000)
for any related series of violations. Any civil penalty assessed for such a violation
may be compromised by the commission. In determining the amount of the penalty,
or the amount agreed upon in compromise, the appropriateness of the 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
the violation, shall be considered. The amount of the penalty, when finally
determined, or the amount agreed upon in compromise, may be deducted from any
sums owing by the Commonwealth of Kentucky to the person charged or may be
recovered in a civil action in the Franklin Circuit Court.
Any person who willfully and knowingly defaces, damages, removes, or destroys
any pipeline sign or right-of-way marker required by the Natural Gas Pipeline
Safety Act or any regulation or order issued pursuant to it shall, upon conviction, be
subject for each offense to a fine of not more than five thousand dollars (,000),
imprisonment for a term not to exceed one (1) year, or both.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 387, sec. 1, effective July 15, 1998. -- Amended
1990 Ky. Acts ch. 402, sec. 1, effective July 13, 1990. -- Amended 1982 Ky. Acts
ch. 82, sec. 51, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 379, sec. 55,
effective April 1, 1979. -- Created 1970 Ky. Acts ch. 289, sec. 1.
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