New Mexico § 70-3-19 - Enforcement; penalties

§ 70-3-19. Enforcement; penalties

A. If as a result of investigation the commission has good cause to believe that any

person is violating any provision of Subsection A of Section 70-3-18 NMSA 1978 or any regulation adopted by the commission under the Pipeline Safety Act, the

commission shall, when practicable and except in the case of a knowing and willful

violation, give the person notice of the violation and an opportunity to comply. If the commission is unable within a reasonable time to obtain voluntary cooperation

to prevent the continuing violation, the commission may apply for an injunction in

the district court of the county in which the violation occurs to secure compliance. The failure to give notice and afford an opportunity to comply shall not preclude

the granting of injunctive relief. B. The trial before the district court shall be before the court without jury, and

the court shall enter judgment and orders enforcing the judgment as the public interest

and equities of the case may require. C. Any person owning or operating gas pipeline facilities or engaged in the transportation

of gas or owning or operating oil pipeline facilities or engaged in the transportation

of oil who has been determined by order of the commission after hearing to have violated

any provision of Subsection A of Section 70-3-18 NMSA 1978 or any regulation promulgated under the Pipeline Safety Act applicable to intrastate

pipeline facilities shall be subject to a civil penalty in an amount not to exceed

one hundred thousand dollars ($100,000) for each violation for each day that the violation

persists, except that the maximum civil penalty shall not exceed one million dollars

($1,000,000) for any related series of violations. D. In determining the amount of the penalty, the commission 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, any history of prior violations,

the effect on ability to continue to do business, any good faith in attempting to

achieve compliance, ability to pay the penalty and other matters as justice may require. E. Judicial review of any provision of this section may be accomplished in the same

manner as is found in Section 70-3-15 NMSA 1978 . F. Any person who willfully and knowingly injures or destroys or attempts to injure

or destroy an intrastate pipeline facility shall upon conviction be subject for each

offense to a fine not to exceed twenty-five thousand dollars ($25,000) or imprisonment

for a term not to exceed fifteen years, or both. G. Any person who willfully and knowingly damages, removes or destroys any pipeline

sign, right-of-way marker required by the Pipeline Safety Act or any regulation or

order issued pursuant to that act shall upon conviction be subject for each offense

to a fine of not more than five thousand dollars ($5,000) or imprisonment for a term

not to exceed one year, or both.