Section 31.05.150. Penalties.

   (a) In addition to the penalties in (b) - (e) of this section, a person who violates a provision of this chapter, a regulation adopted under this chapter, or an order, stipulation, or term of a permit issued by the commission is liable for a civil penalty of not more than $100,000 for the initial violation and not more than $10,000 for each day thereafter on which the violation continues.
   (b) A person who knowingly commits an act specified in AS 11.46.630(a) for the purpose of evading a provision of this chapter, a regulation adopted under this chapter, or an order, stipulation, or term of a permit issued by the commission is guilty of a class A misdemeanor.
   (c) A person who knowingly aids or abets another person in the violation of a provision of this chapter, a regulation adopted under this chapter, or an order, stipulation, or term of a permit issued by the commission is subject to the same penalty as that prescribed in this chapter for the violation by the other person.
   (d) In addition to the penalties in (a) - (c) and (e) of this section, the commission may impose a civil penalty for each 1,000 cubic feet of natural gas flared, vented, or otherwise determined to be waste as defined in AS 31.05.170. The penalty shall be twice the fair market value of the natural gas at the point of waste.
   (e) A person who knowingly violates a provision of this chapter, a regulation adopted under this chapter, or an order, stipulation, or term of a permit issued by the commission is guilty of a misdemeanor punishable by a fine of not more than $10,000 a day for each day of violation.
   (f) The commission may assess the civil penalties provided in this section, and, if not paid, the penalties are recoverable by suit filed by the attorney general in the name and on behalf of the commission in the superior court. The payment of a penalty does not relieve a person on whom the penalty is imposed from liability to any other person for damages arising out of the violation.
   (g) In determining the amount of a penalty assessed under (a) of this section, the commission shall consider
        (1) the extent to which the person committing the violation was acting in good faith in attempting to comply;
        (2) the extent to which the person committing the violation acted in a wilful or knowing manner;
        (3) the extent and seriousness of the violation and the actual or potential threat to public health or the environment;
        (4) the injury to the public resulting from the violation;
        (5) the benefits derived by the person committing the violation from the violation;
        (6) the history of compliance or noncompliance by the person committing the violation with the provisions of this chapter, the regulations adopted under this chapter, and the orders, stipulations, or terms of permits issued by the commission;
        (7) the need to deter similar behavior by the person committing the violation and others similarly situated at the time of the violation or in the future;
        (8) the effort made by the person committing the violation to correct the violation and prevent future violations; and
        (9) other factors considered relevant to the assessment that are adopted by the commission in regulation.

Notes

Implemented As

20 AAC 25.025
20 AAC 25.535
20 AAC 25.539
20 AAC 25.630

References

20 AAC 25.025
20 AAC 25.535

History

(Sec. 12 ch 40 SLA 1955; am Sec. 1 ch 195 SLA 1968; am Sec. 2 - 4 ch 86 SLA 1990; am Sec. 14 ch 54 SLA 2007)