CHAPTER 106
HB 537-FN – FINAL VERSION
2009 SESSION
06/05
HOUSE BILL 537-FN
AN ACT relative to penalties for oil spills.
SPONSORS: Rep. Kappler, Rock 2; Rep. C. Christensen, Hills 19
COMMITTEE: Resources, Recreation and Development
This bill clarifies the penalties for oil spill 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0341
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to penalties for oil spills.
Be it Enacted by the Senate and House of Representatives in General Court convened:
106:1 Oil Spills; Penalties. Amend RSA 146-A:14, I and II to read as follows:
I. Any person who [willfully] recklessly discharges or spills oil into or onto the surface water or groundwater of the state or in a land area where the oil will ultimately seep into such waters or any person who [willfully] recklessly violates any provision of this chapter or any rule adopted under the provisions of this chapter shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person. Each day of a continuing violation shall constitute a separate offense.
II. Any person who purposely or knowingly discharges or spills oil into or onto the surface water or groundwater of the state or in a land area where the oil will ultimately seep into such waters or any person who purposely or knowingly violates any provision of this chapter or any rule adopted under the provisions of this chapter shall be guilty of a class B felony. Each day of a continuing violation shall constitute a separate offense.
[II.] II-a. Any person who discharges or spills oil into or onto the surface water or groundwater of the state or in a land area where the oil will ultimately seep into such waters or any person who [willfully] violates any provision of this chapter or any rule adopted under the provisions of this chapter shall be subject to a civil penalty not to exceed $10,000 for each violation. Each day of a continuing violation shall count as a separate violation. [Any person who fails to comply with any rule adopted under the provisions of this chapter shall be subject to a civil penalty not to exceed $4,000 for each violation. Each day of a continuing violation shall count as a separate violation.] Civil penalties for violation of any rule adopted under the provisions of this chapter shall not accrue until the department provides notification of such violation. The attorney general may bring an action for injunctive relief, including a mandatory injunction.
106:2 Effective Date. This act shall take effect January 1, 2010.
Approved: June 15, 2009
Effective Date: January 1, 2010