HB538 (2009) Detail

Relative to penalties for water pollution.


CHAPTER 190

HB 538-FN – FINAL VERSION

04Mar2009… 0239h

05/13/09 1533s

2009 SESSION

09-0342

06/05

HOUSE BILL 538-FN

AN ACT relative to penalties for water pollution.

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

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill clarifies certain penalties for water pollution.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04Mar2009… 0239h

05/13/09 1533s

09-0342

06/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to penalties for water pollution.

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

190:1 New Paragraph; Pollution; Prohibited Acts. Amend RSA 485-A:14 by inserting after paragraph V the following new paragraph:

VI. Unless otherwise provided in this chapter, any person who knowingly fails to remove a submerged or partially submerged vehicle or container, as required by paragraph I, shall be guilty of a class B felony if the surface water is the source, or a tributary to a source, from which the domestic water supply of a city, town, or village is taken, in whole or in part.

190:2 Penalties. Amend RSA 485-A:15, I to read as follows:

I. It shall be unlawful for any person to put or place, or cause to be put or placed into a surface water of the state or on the ice over such waters, or on the banks of such waters, any solid waste as defined in RSA 149-M or hazardous waste as defined in RSA 147-A, including but not limited to bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, tires, old automobiles or parts thereof, trees or parts thereof, or similar litter.

190:3 Penalties. RSA 485-A:15, IV is repealed and reenacted to read as follows:

IV. Any person who recklessly violates paragraph I shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

V. Any person who purposely or knowingly violates paragraph I shall be guilty of a class B felony.

190:4 Effective Date. This act shall take effect January 1, 2010.

Approved: July 13, 2009

Effective Date: January 1, 2010