TITLE 42
State Affairs and Government

CHAPTER 42-98
Energy Facility Siting Act

SECTION 42-98-16


§ 42-98-16. Violations.

(a) Failure to comply with any promulgated board rule, regulation, requirement or procedure for the licensing of energy facilities shall constitute grounds for suspension or dismissal, with or without prejudice in its discretion, of licensing proceedings, provided that the applicant shall have a reasonable opportunity to show cause for and remedy the lack of compliance.

(b) Failure to comply with any provision, condition or limitation contained in a board license to site, build, or alter a major energy facility and/or failure to comply with a board cease and desist order and/or a board order to remedy a non-complying action shall be grounds for suspension or revocation of the license, and/or shall be punishable by a fine of not more than twenty thousand dollars ($20,000). Each day of continuing noncompliance shall be considered a separate violation and so punished.

(c) The board may require the licensee to maintain those records as are reasonable and necessary to monitor compliance with license provisions, and shall have the authority to enter onto the property of licensees to investigate complaints of noncompliance and to perform routine inspections.

(d) The board may designate officials or staff of any state agencies as its agents for the purposes of investigating complaints, performing routine maintenance functions and issuing written cease and desist orders.

History of Section.
(P.L. 1986, ch. 531, § 1; P.L. 1992, ch. 133, art. 44, § 1.)