§ 488:7 — Compliance

I. Registration and withdrawal of water under RSA 488:3 shall be deemed to grant permission to the department to enter onto the registered property to review compliance with the provisions of the registration.
II. Upon obtaining credible information that any person is not registered in accordance with RSA 488:3, I and is withdrawing, discharging, or transferring a cumulative amount of more than 20,000 gallons of water per day, averaged over any 7-day period, or more than 600,000 gallons of water over any 30-day period, at a single real property or place of business, the department may obtain an administrative inspection warrant in accordance with RSA 595-B to determine compliance with the registration requirements.
III. The commissioner may issue an order to any person who violates this chapter, or any rule or permit authorized under this chapter, and require such actions as may be necessary. Any order issued by the department pursuant to this chapter may be recorded in the registry of deeds for the county in which the subject facility or property is situated. A recorded order shall run with the land; provided, that an appropriate description of the land involved including the accurate name of the owner thereof is included in the order. No fee shall be charged for recording an order; however, a fee may be charged for discharging an order.
IV. If the department finds that an emergency exists requiring immediate action to protect the public safety, it may issue an order stating that an emergency exists and requiring that such action be taken as necessary to meet the emergency. Any person to whom such an order is directed shall comply immediately, but may appeal to the water council established under RSA 21-O:7.

Legislative History

2005, 240:1, eff. Jan. 1, 2006. 2019, 263:9, eff. Jan. 1, 2020.