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whom an action for injunctive relief | contemplated and afford it an opportunity to present its views and, | except in the case of a knowing and willful violation, | | it reasonable opportunity to comply. Failure to notify and afford | | such an opportunity does not preclude the granting of appropriate | | relief. |
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| | | Sec. 34. 35-A MRSA §4516, as amended by PL 1993, c. 113, §1, is | | repealed. |
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| | | Sec. 35. 35-A MRSA §4516-A is enacted to read: |
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| | | §4516-A.__Administrative penalty |
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| | | 1.__Violation of this Title.__The commission may impose an | | administrative penalty on a natural gas pipeline utility that | | violates any provision of this Title relating to safety of | | pipeline facilities or transportation of gas or any rule issued | | under this Title in an amount not to exceed $100,000 for each | | violation.__Each day of violation constitutes a separate offense. |
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| | | 2.__Maximum administrative penalty.__The maximum | | administrative penalty may not exceed $1,000,000 for any related | | series of violations. |
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| | | 3.__Determining amount of penalty.__In determining the amount | | of the penalty, the commission shall consider the following: |
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| | | A.__The nature, circumstances and gravity of the violation; |
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| | | B.__The degree of the natural gas pipeline utility's | | culpability; |
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| | | C.__The natural gas pipeline utility's history of prior | | offenses; |
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| | | D.__The natural gas pipeline utility's ability to pay; |
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| | | E.__Any good faith by the natural gas pipeline utility in | | attempting to achieve compliance; |
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| | | F.__The effect on the natural gas pipeline utility's ability | | to continue in business; and |
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| | | G.__Such other matters as justice may require. |
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| | | 4.__Payment of penalty.__The amount of the administrative | | penalty may be: |
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