76-2325 Violations; civil penalty. - Nebraska Statutes

76-2325. Violations; civil penalty.Any person who violates the provisions of section 76-2320, 76-2321, 76-2322, 76-2323, 76-2326, or 76-2330 shall be subject to a civil penalty as follows:(1) For a violation related to a gas or hazardous liquid underground pipeline facility, an amount not to exceed ten thousand dollars for each violation for each day the violation persists, up to a maximum of five hundred thousand dollars; and(2) For a violation related to any other underground facility, an amount not to exceed five hundred dollars for each day the violation persists, up to a maximum of five thousand dollars.An action to recover a civil penalty shall be brought by the Attorney General or a prosecuting attorney on behalf of the State of Nebraska in any court of competent jurisdiction of this state. The trial shall be before the court, which shall consider the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, the absence or existence of prior violations, whether the violation was a willful act, any good faith attempt to achieve compliance, and such other matters as justice may require in determining the amount of penalty imposed. All penalties shall be handled and distributed pursuant to Article VII, section 5, of the Constitution of Nebraska. SourceLaws 1994, LB 421, § 25.