HB473 (2009) Detail

Relative to water treatment plants and penalties for safe drinking water violations.


CHAPTER 210

HB 473-FN – FINAL VERSION

08Apr2009… 1146h

05/13/09 1563s

24Jun2009… 2268cofc

24Jun2009… 2356eba

2009 SESSION

09-0339

06/10

HOUSE BILL 473-FN

AN ACT relative to water treatment plants and penalties for safe drinking water violations.

SPONSORS: Rep. Kappler, Rock 2; Rep. C. Christensen, Hills 19

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill modifies certain provisions relative to the regulation of water treatment plants and water distribution systems and penalties for safe drinking water violations.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08Apr2009… 1146h

05/13/09 1563s

24Jun2009… 2268cofc

24Jun2009… 2356eba

09-0339

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to water treatment plants and penalties for safe drinking water violations.

Be it Enacted by the Senate and House of Representatives in General Court convened:

210:1 Definition; Department. Amend RSA 332-E:1, III to read as follows:

III. “Department” means the department of environmental services [and includes staff personnel designated by the commissioner to serve on the staff committee responsible for certification of operators].

210:2 Regulation of Water Treatment and Distribution. Amend RSA 332-E:3 to read as follows:

332-E:3 Regulation of Water Treatment and Distribution.

I. No water treatment plant or water distribution system shall be operated unless such operation is supervised by a certified operator.

[I.] II. The department, on recommendation of the advisory committee, shall establish the criteria and conditions for the classification of public water systems and water treatment plants or water distribution systems.

[II.] III. The department, on recommendation of the advisory committee, shall establish by regulation pursuant to RSA 541-A the qualifications, conditions, licensing standards, and procedures for the certification of individuals to act as operators.

[III.] IV. The department shall provide for enforcement of such regulations. Such criteria, conditions, and regulations shall be considered as minimum standards and shall require as a minimum that every operator shall be certified in accordance with the provisions of this chapter[, unless the water treatment plant or distribution system serves less than 250 persons, in which case the department may on recommendation exempt its operators from the certification requirement]. The department may classify operators in accordance with the type of water treatment plant or water distribution system they are qualified to operate.

210:3 Revocation or Suspension of Certificate. Amend RSA 332-E:9 to read as follows:

332-E:9 Revocation or Suspension of Certificate.

I. If the [advisory committee] department receives information which indicates that good cause exists to suspend or revoke the certificate of an individual operator, the [advisory committee] department shall proceed to suspend or revoke the certificate in accordance with RSA 541-A:30.

II. Administrative appeals from decisions of the department made under this chapter shall be heard by the water council under RSA 21-O:7, IV.

210:4 Water Treatment and Distributions Systems; Penalty. Amend RSA 332-E:10 to read as follows:

332-E:10 Penalty. [No water treatment plant or water distribution system shall be operated without a certified operator in charge unless exempted by the department as provided in RSA 332-E:3, III.] The owner of any water treatment plant or water distribution system shall be liable for a civil forfeiture of not more than $500 per day for any violation of this chapter. The proceeds of any civil forfeiture levied under this section shall be utilized for the implementation of this chapter.

210:5 Water Pollution Control; Penalty. Amend RSA 485:17 to read as follows:

485:17 [Pollution] Penalty.

I. If a person shall recklessly place, leave, or cause to be placed or left, in or near a lake, pond, reservoir or stream tributary thereto, from which the domestic water supply of a city, town, or village is taken, in whole or in part, any material, substance, or fluid that may cause such water to become impure or unfit for such purposes [he], such person shall be guilty of a misdemeanor if a natural person[,] or guilty of a felony if any other person.

II. If a person shall purposely or knowingly place, leave, or cause to be placed or left, in or near a lake, pond, reservoir, or stream tributary thereto, from which the domestic water supply of a city, town, or village is taken, in whole or in part, any material, substance, or fluid that may cause such water to become impure or unfit for such purposes, such person shall be guilty of a class B felony.

210:6 Removal of Polluting Substance. Amend RSA 485:18 to read as follows:

485:18 Removal of Polluting Substance. The health officer of the town, or the water commissioners having charge of the water supply, or the proprietors of the water supply, may remove such material, substance, or fluid[;] and [they] may recover the expense of removal from the person who placed the same, or caused it to be placed, in or near the water, in [an action on the case] a court of competent jurisdiction.

210:7 Injunctions; References Removed. Amend RSA 485:20 to read as follows:

485:20 Injunctions.

I. The superior court shall have power to issue injunctions restraining any person from violating the provisions of RSA 485:17 [or 485:19].

II. Municipalities may apply to a justice of the superior court for injunctive relief against existing or impending violations of RSA 485:17 [or 485:19]. The municipality shall give notice of any such action to the attorney general and the commissioner of environmental services, who may take such steps as they deem necessary to ensure uniform statewide enforcement, including but not limited to joining the action, assuming sole prosecution of the action, or, as of right, dismissing the action without prejudice. Such notice shall be given at least 30 days prior to the commencement of any such action, unless more immediate action is necessary to prevent irreparable environmental damage or other serious public harm, in which case such notice shall be given as soon as practicable, but in no event later than the date of commencement of the action. This paragraph shall not be construed to affect, in any manner, existing authority of municipalities to act based upon the provisions of other statutes or local ordinances.

210:8 Enforcement and Penalties. Amend RSA 485:58, II-VI to read as follows:

II. Any [knowing] reckless violation of any provision of this chapter, any rule adopted under this chapter, any term or condition of an approval, exemption, variance or order issued under this chapter, or any misstatement of a material fact required to be disclosed under this chapter shall constitute a misdemeanor for a natural person and a felony for any other person. [Notwithstanding RSA 651:2, any person, in addition to any sentence of imprisonment, probation, or conditional discharge, may be fined not more than $25,000 for each day of violation.]

III. Unless otherwise provided, any purposeful or knowing violation of any provision of this chapter, any rule adopted under this chapter, any term or condition of an approval, exemption, variance, or order issued under this chapter, or any misstatement of a material fact required to be disclosed under this chapter shall constitute a class B felony.

[III.] IV. Any person who violates any provision of this chapter or any rule adopted or any term or condition of an approval, exemption, variance or order issued under this chapter shall be liable to the state, upon suit brought by the attorney general, for a civil forfeiture in an amount not to exceed $25,000 for each day of such violation.

[IV.] V. The commissioner of environmental services, 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 including any rule adopted under the provisions of 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 section shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines levied pursuant to this paragraph shall be deposited by the department in the general fund. The commissioner shall adopt rules, under RSA 541-A, relative to:

(a) A schedule of administrative fines which may be imposed under this paragraph for violations of this chapter as provided above.

(b) Procedures for notice and hearing prior to the imposition of an administrative fine.

[V.] VI. Any act or failure to act in violation of RSA 485:8, II; 31; 42; 43; 46; or 48; or any rule adopted under RSA 485:2; 3; 4; 40; 41; 44; or 47 may be enjoined.

[VI.] VII. Notwithstanding RSA 651:2, [a natural] any person may, in addition to any sentence of imprisonment, probation or conditional discharge, be fined not more than $25,000 if found guilty of any violation of paragraph II or III of this section. The court may also order the person to pay the costs of remediation. Each day of violation shall constitute a separate offense.

210:9 Repeal. RSA 485:19, relative to willful pollution, is repealed.

210:10 Effective Date. This act shall take effect January 1, 2010.

Approved: July 15, 2009

Effective Date: January 1, 2010