§ 125-O:7 — Enforcement

New Hampshire § 125-O:7

• Jurisdiction: New Hampshire
• Title X: PUBLIC HEALTH
• Ch. 125-O: MULTIPLE POLLUTANT REDUCTION PROGRAM

Text

I. Any violation of any provision of this chapter, or of any rule adopted under this chapter, shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application of the attorney general. Any such violation shall also be subject to a civil forfeiture to the state of not more than $25,000 for each violation, and for each day of a continuing violation.
II. Any person who knowingly violates any of the provisions of this chapter, or any rule adopted under this chapter, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
III. The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter or any rule adopted pursuant to this chapter. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this paragraph shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines imposed pursuant to this paragraph shall be deposited in the general fund.
(a) Notice and hearing prior to the imposition of an administrative fine shall be in accordance with RSA 541-A and procedural rules adopted by the commissioner pursuant to RSA 541-A:16.
(b) The commissioner shall determine fines based on the following:
(1) For a minor deviation from a requirement causing minor potential for harm, the fine shall be not less than $100 and not more than $1,000.
(2) For a minor deviation from a requirement causing moderate potential for harm, the fine shall be not less than $601 and not more than $1,250.
(3) For a minor deviation from a requirement causing major potential for harm, the fine shall be not less than $851 and not more than $1,500.
(4) For a moderate deviation from a requirement causing minor potential for harm, the fine shall be not less than $601 and not more than $1,250.
(5) For a moderate deviation from a requirement causing moderate potential for harm, the fine shall be not less than $851 and not more than $1,500.
(6) For a moderate deviation from a requirement causing major potential for harm, the fine shall be not less than $1,251 and not more than $1,750.
(7) For a major deviation from a requirement causing minor potential for harm, the fine shall be not less than $851 and not more than $1,500.
(8) For a major deviation from a requirement causing moderate potential for harm, the fine shall be not less than $1,251 and not more than $1,750.
(9) For a major deviation from a requirement causing major potential for harm, the fine shall be not less than $1,501 and not more than $2,000.
(c) The commissioner may assess additional fines for repeat violations.

Legislative History

2002, 130:2, eff. July 1, 2002.