55-306. Pipeline inspection duties; notice of leakage or waste; cost of repairs and attorney's fees; penalty for permitting leakage or waste. Such inspector shall also inspect all natural gas pipelines in his or her county at least once in every period of six months during his or her term of office, and as much oftener as may be necessary or as may be directed by the board of county commissioners, and shall test and record the pressure of the gas therein and the volume of the flow through the same, as nearly as is practicable.

If the inspector shall discover any leakage or waste of gas from any such well or pipeline the inspector shall notify the owner thereof or his or her agents or servants, or some one of them, of that fact, and if such leakage or waste be not stopped within two days after such notice, it shall be and it is hereby made the duty of such inspector to take such steps and make such changes and repairs as may in the inspector's judgment be necessary to stop said waste or leakage; and the inspector shall have a lien upon said well or pipeline and all wells with which the same may be connected for the material, labor and cost of making such repair, for the enforcement of which, with all costs of suit, and a reasonable attorney's fee, an action may be maintained by said inspector in any court of competent jurisdiction; and if gas shall be taken from any well at a rate such as to consume more than fifty percent of its daily production, it shall be deemed a waste within the meaning of this clause to the extent of such excess.

If any owner of any such well or pipeline, or any agent or servant of such owner in charge and control of such well or pipeline, shall for more than two days after the service of the notice last aforesaid fail to stop the leakage or waste by this clause prohibited, such owner, agent or servant shall be guilty of a misdemeanor, and on conviction thereof shall be fined a sum of not less than twenty-five dollars nor more than five hundred dollars for each offense, and each day that such failure continues after the expiration of the said period of two days shall constitute a separate offense.

History: L. 1905, ch. 313, § 6; March 24; R.S. 1923, 55-306.