§ 113-410. Penalties for other violations. - North Carolina Statutes

§ 113‑410. Penalties for other violations.

Any person who knowingly and willfully violates any provision of thislaw, or any rule or order of the Department made hereunder, shall, in the eventa penalty for such violation is not otherwise provided for herein, be subjectto a penalty of not to exceed one thousand dollars ($1,000) a day for each andevery day of such violation, and for each and every act of violation, suchpenalty to be recovered in a suit in the superior court of the county where thedefendant resides, or in the county of the residence of any defendant if therebe more than one defendant, or in the superior court of the county where theviolation took place. The place of suit shall be selected by the Department,and such suit, by direction of the Department, shall be instituted andconducted in the name of the Department by the Attorney General. The payment ofany penalty as provided for herein shall not have the effect of changingillegal oil into legal oil, illegal gas into legal gas, or illegal product intolegal product, nor shall such payment have the effect of authorizing the saleor purchase or acquisition, or the transportation, refining, processing, orhandling in any other way, of such illegal oil, illegal gas or illegal product,but, to the contrary, penalty shall be imposed for each prohibited transactionrelating to such illegal oil, illegal gas or illegal product.

Any person knowingly and willfully aiding or abetting any other personin the violation of any statute of this State relating to the conservation ofoil or gas, or the violation of any provisions of this law, or any rule ororder made thereunder, shall be subject to the same penalties as prescribedherein for the violation by such other person.

The clear proceeds of penalties provided for in this section shall beremitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.(1945, c. 702, s. 30;1973, c. 1262, s. 86; 1987, c. 827, s. 122; 1998‑215, s. 50.)