PIPELINE SAFETY ACT VIOLATIONS CIVIL PENALTY

Pipeline penalties come with compliance protections

New Mexico’s Public Regulation Commission must generally give notice and a chance to fix suspected pipeline safety violations. This protection applies when the commission has good cause to suspect a violation that is not knowing and willful. If voluntary compliance fails within a reasonable time, the commission can seek a district court order requiring compliance. The notice requirement does not block court action. A judge, not a jury, hears the case and issues orders consistent with the public interest and fairness. After a hearing finds a covered violation, gas and oil transporters and pipeline owners or operators face civil fines. These apply to covered in-state pipeline violations and cannot exceed federal limits under 49 U.S.C. 60122 and 49 C.F.R. 190.223. The commission must weigh the violation’s nature, circumstances and seriousness, blame, past violations, good-faith compliance efforts, ability to pay, business survival, and fairness. Judicial review is available under the state’s pipeline safety review process. Knowingly and willfully injuring or destroying an in-state pipeline facility carries up to $25,000 per offense, 15 years in prison, or both. Knowingly and willfully damaging, removing, or destroying required pipeline signs or right-of-way markers carries up to $5,000 per offense, one year in prison, or both, upon conviction.