Nevada § 455.170 - Civil penalty: Action for enforcement; amount; considerations; reimbursement for cost of prosecution; judicial review

§ 455.170. Civil penalty: Action for enforcement; amount; considerations; reimbursement for cost of prosecution; judicial review

1. An action for the enforcement of a civil penalty pursuant to this section may be

brought before the Public Utilities Commission of Nevada by the Attorney General,

a district attorney, a city attorney, the Regulatory Operations Staff of the Public

Utilities Commission of Nevada, the governmental agency that issued the permit to

conduct an excavation or demolition, an operator or a person conducting an excavation

or demolition. 2. Except as otherwise provided in subsection 4, in addition to any other penalty

provided by law, any person who willfully or repeatedly violates a provision of NRS 455.080 to 455.180 , inclusive, is liable for a civil penalty: (a) Not to exceed $2,500 per day for each violation; and (b) Not to exceed $250,000 for any related series of violations within a calendar

year. 3. Except as otherwise provided in subsections 2 and 4, any person who negligently

violates any such provision is liable for a civil penalty: (a) Not to exceed $1,000 per day for each violation; and (b) Not to exceed $50,000 for any related series of violations within a calendar year. 4. The maximum civil penalty imposed pursuant to this section may be tripled for each

violation that involves contact with, or that occurs less than 24 horizontal inches

from a high consequence subsurface installation, regardless of the depth of the location

of the high consequence subsurface installation. The amount of any civil penalty imposed pursuant to this section and the propriety

of any settlement or compromise concerning a penalty shall be determined by the Public

Utilities Commission of Nevada. 5. In determining the amount of the penalty or the amount agreed upon in a settlement

or compromise, the Public Utilities Commission of Nevada shall consider: (a) The gravity of the violation; (b) The good faith of the person charged with the violation in attempting to comply

with the provisions of NRS 455.080 to 455.180 , inclusive, before and after the violation; (c) Any history of previous violations of the provisions of NRS 455.080 to 455.180 , inclusive, by the person charged with the violation; (d) The willfulness or negligence of the person charged with the violation in failing

to comply with the provisions of NRS 455.080 to 455.180 , inclusive; (e) The timeliness of notification of the violation to the Public Utilities Commission

of Nevada by the person charged with the violation; (f) The cooperation of the person charged with the violation in the investigation

and repair of any damage caused by the violation; and (g) Whether an interruption of services occurred as a result of the violation. 6. Except as otherwise provided in this subsection, a civil penalty recovered pursuant

to this section must first be paid to reimburse the person who initiated the action

for any cost incurred in prosecuting the matter. If the Regulatory Operations Staff of the Public Utilities Commission of Nevada

initiates the action, a civil penalty recovered pursuant to this section must be deposited

in the State General Fund. 7. Any person aggrieved by a determination of the Public Utilities Commission of Nevada

pursuant to this section may seek judicial review of the determination in the manner

provided by NRS 703.373 .