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1 five thousand dollars ($5,000) for each violation; and
2 (iii) For three (3) or more violations in a twelve-
3 month period, the person shall be ordered to pay a civil penalty in an amount
4 up to ten thousand dollars ($10,000) for each violation.
5 (B) Any person who has violated this chapter and had been
6 ordered to undergo mandatory training in underground facilities damage
7 prevention under subdivision (a)(1) of this section shall be subject to a
8 civil penalty of up to two thousand five hundred dollars ($2,500) for each
9 violation if the person fails to complete any of the training required within
10 one hundred twenty (120) days from the entry of the order or settlement.
11 (2)(3) Operators of underground pipeline facilities and
12 excavators shall, upon violation of any applicable requirements of 49 C.F.R.
13 Part 198, Subpart C, or 49 U.S.C. § 60114(b), concerning marking facilities;
14 49 U.S.C. § 60114(d), concerning applicability to excavators; or 49 U.S.C. §
15 60118(a), concerning general waivers, as in effect on February 2013, unless
16 excepted under § 14-271-109, and damage to an interstate or intrastate
17 natural gas pipeline facility or an interstate or intrastate hazardous liquid
18 pipeline facility, shall be subject to civil penalties in an amount not to
19 exceed two (2) times the amount of property damage to the interstate or
20 intrastate natural gas pipeline facility or an interstate or intrastate
21 hazardous liquid pipeline facility up to a maximum of two hundred thousand
22 dollars ($200,000) for each violation for each day that the violation
23 persists, except that the maximum civil penalty shall not exceed two million
24 dollars ($2,000,000) for any related series of violations.
25 (b)(1)(A) Actions to enforce or recover the penalties provided for in
26 this section shall be brought by the Attorney General, the county prosecutor,
27 or the city attorney, at the request of any person, based upon information
28 received from an operator, excavator, or from any other source, in the
29 circuit court in the county in which the cause, or some part thereof, arose
30 occurred or in which the defendant has its principal place of business or
31 resides.
32 (B)(i) The Attorney General, the county prosecutor, or the
33 city attorney may settle with a person who violates this chapter for no more
34 than the maximum civil penalty the violator would be liable for under the
35 penalty structure under subsection (a) of this section.
36 (ii) A settlement under subdivision (b)(1)(B)(i) of
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