480.6 Civil penalties.

339 words·~2 min read·/ia/chapter-480-underground-facilities-information/480-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. A person who violates a provision of this chapter is subject to a civil penalty as follows:

a. For a violation related to natural gas and hazardous liquid pipelines, an amount not to exceed ten thousand dollars for each violation for each day the violation continues, up to a maximum of five hundred thousand dollars.

b. For a violation related to any other underground facility, an amount not to exceed one thousand dollars for each violation for each day the violation continues, up to a maximum of twenty thousand dollars.

c. If a locator violates a time limit set forth in this chapter and a complaint relating to the violation is filed with the utilities commission, the locator is subject to a civil penalty in an amount determined by the attorney general. If a locator employed by an operator violates this paragraph, the operator employing the locator shall be subject to a civil penalty in an amount determined by the attorney general, which shall be the same as though assessed against the locator. A civil penalty imposed by the attorney general under this paragraph shall not exceed one hundred dollars for each violation for each day the violation continues, up to a maximum of five thousand dollars.

2. a. The attorney general, upon the receipt of a complaint, may institute any legal proceedings necessary to enforce the penalty provisions of this chapter.

b. At the direction of the attorney general, the utilities commission shall investigate a violation of this chapter. Upon completion of the investigation, the utilities commission shall submit to the attorney general a written summary of the investigation and all evidence acquired during the investigation, except as set forth in subsection 2, paragraph “c”.

c. The utilities commission may independently receive and investigate complaints alleging a violation of this chapter by a locator.

3. All amounts collected pursuant to this section shall be remitted to the treasurer of state, who shall deposit the amount in the general fund of the state.

Referred to in §480.3, 480.11