386.572. Natural gas safety standards, gas plants not to violate--maximum penalties for violations, how determined. - Missouri Statutes

Natural gas safety standards, gas plants not to violate--maximumpenalties for violations, how determined.

386.572. 1. No corporation, person, public utility, or municipalitythat owns any gas plant shall violate any law or any order, decision,decree, rule, direction, demand, or requirement of the commission or anypart or portion thereof relating to federally mandated natural gas safetystandards. Notwithstanding the above, a municipality that owns any gasplant shall be subject to the provisions of this section only forviolations of natural gas safety laws, rules, or orders.

2. The maximum penalties for violations of federally mandated naturalgas safety standards, or such stricter natural gas safety standards orrules as may be approved by the commission, shall not be greater thanfifteen thousand dollars for each violation with a maximum penalty for acontinuing violation or a multiple series of violations of the samestandard or rule provision not to exceed one hundred fifty thousanddollars, notwithstanding any provisions of subsection 1 of section 386.570to the contrary. The maximum penalty for each violation shall increase totwenty thousand dollars, effective January 1, 2015, twenty-five thousanddollars, effective January 1, 2025, thirty thousand dollars, effectiveJanuary 1, 2035, and forty thousand dollars, effective January 1, 2040.The maximum penalty for a continuing violation or a multiple series ofviolations of the same standard or rule provision shall increase to twohundred thousand dollars, effective January 1, 2015, two hundred fiftythousand dollars, effective January 1, 2025, three hundred thousanddollars, effective January 1, 2035, and four hundred thousand dollars,effective January 1, 2040. In determining the amount of the penalty, thecommission shall consider the nature, circumstances, and gravity of theviolation, and also shall consider, with respect to the entity found tohave committed the violation:

(1) The degree of culpability;

(2) Any history of prior violations;

(3) The effect of the penalty on the entity's ability to continueoperation;

(4) Any good faith effort in attempting to achieve compliance;

(5) Ability to pay the penalty; and

(6) Such other matters as are relevant in the case.

3. Every violation of a specific natural gas safety standard or ruleby any corporation, person, public utility, or municipality that owns anygas plant is a separate and distinct offense, regardless of whether suchviolations relate to the same incident. In case of a continuing violation,each day's continuance thereof shall be a separate and distinct offense.

4. In construing and enforcing the provisions of this section, theact, omission, or failure of any officer, agent, or employee of anycorporation, person, public utility, or municipality that owns any gasplant acting within the scope of official duties of employment shall inevery case be considered the act, omission, or failure of such corporation,person, public utility, or municipality that owns any gas plant.

(L. 2008 H.B. 1779)