Kentucky Statutes 278.992 – Penalty for certain pipeline violations
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(1) 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., as amended, 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 the maximum civil penalty as contained in 49 C.F.R. § 190.223, as amended, for a violation of any provision of
49 U.S.C. secs. 60101 et seq., or any regulation or order issued thereunder, for each violation for each day that the violation persists. Any civil penalty assessed for 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.
(2) 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 ($5,000), imprisonment for a term not to exceed one (1) year, or both.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 70, sec. 1, effective July 14, 2018. — Amended
2012 Ky. Acts ch. 5, sec. 1, effective July 12, 2012. — 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.
49 U.S.C. secs. 60101 et seq., or any regulation or order issued thereunder, for each violation for each day that the violation persists. Any civil penalty assessed for 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.
Terms Used In Kentucky Statutes 278.992
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(2) 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 ($5,000), imprisonment for a term not to exceed one (1) year, or both.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 70, sec. 1, effective July 14, 2018. — Amended
2012 Ky. Acts ch. 5, sec. 1, effective July 12, 2012. — 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.