Revision: Dec. 10, 2009, midnight
HB 1239 – AS INTRODUCED
2010 SESSION
08/03
HOUSE BILL 1239
AN ACT relative to department of environmental services field citations and cease and desist orders.
SPONSORS: Rep. Gottling, Sull 3; Rep. Sad, Ches 2
COMMITTEE: Resources, Recreation and Development
This bill allows the department of environmental services to suspend review of a fill and dredge permit application.
This bill also gives the commissioner of the department of environmental services the power to establish a field citation process and issue cease and desist orders for fill and dredge permit violations.
This bill is a request of the department of environmental services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2505
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to department of environmental services field citations and cease and desist orders.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Enforcement Action. Amend RSA 482-A:3, XIV by inserting after subparagraph (e) the following new paragraph:
(f) The department may suspend review of an application to dredge or fill until the applicant has corrected an enforcement action on the property to the satisfaction of the department. “Enforcement action” means a proceeding initiated by or at the request of the department against a person who is believed to have violated applicable requirements, which is intended to cause the person to comply with applicable requirements or to impose a monetary penalty, or both.
2 New Paragraphs; Rulemaking; Commissioner. Amend RSA 482-A:11 by inserting after paragraph X the following new paragraphs:
XI. The commissioner shall adopt rules, pursuant to RSA 541-A, establishing a field citation process relative to work in jurisdictional areas that is being conducted without the required permit or that does not conform to the conditions as set forth in an existing permit.
XII. The commissioner shall have the authority to issue cease and desist orders to individuals who are conducting work in jurisdictional areas without the required permit or who are conducting work that does not conform to the conditions as set forth in an existing permit.
3 Effective Date. This act shall take effect 60 days after its passage.