§ 13-203. Violation of safe service requirement

   (a) In general. -- A gas company or gas master meter operator that violates any of the Commission's standards of safe service or other regulation related to safety adopted under § 5-101 of this article is subject to a civil penalty determined by the Commission that does not exceed the maximum penalties provided in Title 49, Chapter 601 of the U.S. Code (Federal Natural Gas Pipeline Safety Act):

   (1) for each violation for each day or part of a day that the violation continues; and

   (2) for a related series of violations.

(b) Request for reconsideration. -- Within 30 days after the date of notification of the determination, the gas company or gas master meter operator involved may request reconsideration to obtain a compromise.

(c) Factors in determining penalty or compromise. -- In determining the amount of a civil penalty or compromise, the Commission shall consider the:

   (1) appropriateness of the penalty to the size of the gas company or gas master meter operator;

   (2) gravity of the current violation; and

   (3) good faith of the gas company or gas master meter operator in attempting to achieve compliance after notification of the violation.

(d) Accounting for penalty amount. -- The amount of the penalty, when finally determined or agreed on in compromise, may be:

   (1) deducted from any amount that the State owes to the gas company or gas master meter operator; or

   (2) recovered in a civil action in State court.

HISTORY: An. Code 1957, art. 78, § 102A; 1998, ch. 8, § 2; 1999, ch. 134.