Bill Text - HB1239 (2010)

(New Title) relative to processing certain environmental permits and administrative fines for violations of dredge and fill requirements.


Revision: March 4, 2010, midnight

HB 1239 – AS AMENDED BY THE HOUSE

03Mar2010… 0261h

2010 SESSION

10-2505

08/03

HOUSE BILL 1239

AN ACT relative to processing certain environmental permits and administrative fines for violations of dredge and fill requirements.

SPONSORS: Rep. Gottling, Sull 3; Rep. Sad, Ches 2

COMMITTEE: Resources, Recreation and Development

AMENDED ANALYSIS

This bill:

I. Raises the fine imposed for violation of the chapter regarding fill and dredge permits in the wetlands.

II. Enables the department of environmental services to suspend review of an application until the applicant has corrected a violation that is the subject of an enforcement action on the property to the satisfaction of the department.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03Mar2010… 0261h

10-2505

08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to processing certain environmental permits and administrative fines for violations of dredge and fill requirements.

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

1 New Subparagraphs; Suspension of Permit Review; Enforcement Action. Amend RSA 482-A:3, XIV by inserting after subparagraph (e) the following new subparagraphs:

(f) The time limits under this paragraph shall not apply to an application from an applicant that has previously been found in violation of this chapter pursuant to an action initiated under RSA 482-A:13 through RSA 482-A:14-b.

(g) The department may suspend review of an application under this section until the applicant has corrected a violation that is the subject of 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 Administrative Fines. Amend RSA 482-A:13 to read as follows:

482-A:13 Administrative Fine. The commissioner, after notice and hearing in accordance with the procedures set forth in RSA 541-A, is empowered to impose an administrative fine of up to [$2,000] $5,000 for each offense upon any person who violates any provision of this chapter. This fine is appealable under RSA 541. Any administrative fine imposed under this section will not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines levied pursuant to this section shall be placed in the nonlapsing fund authorized in RSA 482-A:14, III.

3 Time for Rendering Decision. RSA 483-B:5-b, V(d) is repealed and reenacted to read as follows:

(d) Except as provided in subparagraphs (e) and (f) if the department fails to render a decision in the time frame provided in this paragraph, the department shall notify the applicant that a determination was not made within the statutory time requirements. Upon this notice, the department shall reimburse the applicant 25 percent of the application fee. Within 14 days following the date on which action should have been taken pursuant to the applicable time frame established in this paragraph, the department shall issue an approval or denial of the permit application, or reach a mutually acceptable agreement with the applicant for an extension of the time limit to act upon the application. After 14 days, if the department has not rendered a decision or made an agreement for an extension, an additional 25 percent of the application fee shall be reimbursed to the applicant.

4 New Subparagraphs; Suspension of Permit Review; Enforcement Action. Amend RSA 483-B:5-b, V by inserting after subparagraph (e) the following new subparagraphs:

(f) The time limits under this paragraph shall not apply to an application from an applicant that has previously been found in violation of this chapter pursuant to an action initiated under RSA 483-B:18.

(g) The department may suspend review of an application under this section until the applicant has corrected a violation that is the subject of 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.

5 Time for Rendering Decision. RSA 485-A:17, II-b(d) is repealed and reenacted to read as follows:

(d) Except as provided in subparagraphs (e) and (f), if the department fails to render a decision in the time frame provided in this paragraph, the department shall notify the applicant that a determination was not made within the statutory time requirements. Upon this notice, the department shall reimburse the applicant 25 percent of the application fee. Within 14 days following the date on which action should have been taken pursuant to the applicable time frame established in this paragraph, the department shall issue an approval or denial of the permit application, or reach a mutually acceptable agreement with the applicant for an extension of the time limit to act upon the application. After 14 days, if the department has not rendered a decision or made an agreement for an extension, an additional 25 percent of the application fee shall be reimbursed to the applicant.

6 New Subparagraphs; Suspension of Permit Review; Enforcement Action. Amend RSA 485-A:17, II-b by inserting after subparagraph (e) the following new subparagraph:

(f) The department may suspend review of an application under this section until the applicant has corrected a violation that is the subject of 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.

7 Action on Applications. Amend RSA 485-A:31 to read as follows:

485-A:31 Action on Applications.

I. Subject to paragraphs II and III, the department shall give notice in writing to the person submitting the plans and specifications for subdivision of land of its approval or disapproval of such plans and specifications within 30 days of the date such plans and specifications and the required fees are received by the department and shall give notice in writing to the person submitting plans and specifications for sewage or waste disposal systems of its approval or disapproval of such plans and specifications within 15 working days of the date such plans and specifications and the required fees are received by the department. Unless such written disapproval shall be mailed to the person submitting plans and specifications within 30 days in the case of plans and specifications for subdivision of land and 15 working days in the case of plans and specifications for sewage or waste disposal systems from the date of receipt with the required fees by the department, the plans and specifications shall be deemed to have been approved. The department shall send a copy of the approval or disapproval of such plans and specifications to the planning board or board of selectmen of the affected municipality.

II. The time limits under this paragraph shall not apply to an application from an applicant that has previously been found in violation of this chapter pursuant to an action initiated under RSA 485-A:42 or RSA 485-A:43.

III. The department may suspend review of an application under this section until the applicant has corrected a violation that is the subject of 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.

8 Effective Date. This act shall take effect 60 days after its passage.