B.__Recovered in a civil action in the state courts.

5.__Limitation on imposing penalty.__Any action that may result in the imposition of an administrative penalty pursuant to this section must be commenced within 5 years after the cause of action accrues.

Sec. 36. 35-A MRSA §4704, as enacted by PL 1987, c. 141, Pt. A, §6, is amended to read:

§4704. Cease and desist orders

A The commission may order a gas utility to cease and desist from operating or acting in violation of a statute or rule or order of the commission may be enjoined from the operation or action upon complaint addressed to the Superior Court and brought by the commission. Whenever practicable, the commission shall notify a gas utility against whom an action for injunctive relief a cease and desist order is contemplated and afford it an opportunity to present its views and, except in the case of a knowing and willful violation, shall afford it reasonable opportunity to comply. Failure to notify and afford such an opportunity does not preclude the granting of appropriate relief.

Sec. 37. 35-A MRSA §4705, as amended by PL 1993, c. 113, §2, is repealed.

Sec. 38. 35-A MRSA §4705-A is enacted to read:

§4705-A.__Administrative penalty

1.__Violation of this Title.__The commission may impose an administrative penalty on a gas utility that violates any provision of this Title relating to safety of gas facilities 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.

2.__Maximum administrative penalty.__The maximum administrative penalty may not exceed $1,000,000 for any related series of violations.

3.__Determining amount of penalty.__In determining the amount of the penalty, the commission shall consider the following:

A.__The nature, circumstances and gravity of the violation;