HB1171 (2016) Detail

Relative to appeals heard by the waste management council.


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CHAPTER 23

HB 1171 - FINAL VERSION

 

2016 SESSION

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\t08/10

 

HOUSE BILL\t1171

 

AN ACT\trelative to appeals heard by the waste management council.

 

SPONSORS:\tRep. C. Christensen, Hills. 21; Rep. Ebel, Merr. 5; Sen. Birdsell, Dist 19; Sen. Woodburn, Dist 1

 

COMMITTEE:\tEnvironment and Agriculture

 

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ANALYSIS

 

\tThis bill makes corrections regarding which council hears appeals of decisions from the department of environmental services regarding discharge in surface or ground water and underground storage facilities.

 

\tThis bill is a request of the department of environmental services.

 

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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to appeals heard by the waste management council.

 

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

 

\t23:1  Oil Discharge or Spillage in Surface Water or Groundwater; Appeals of Orders, Injunctions.  Amend RSA 146-A:16, III to read as follows:

\t\tIII.  Appeal of an order issued under this section shall be [governed by RSA 21-O:7, IV] to the waste management council established in RSA 21-O:9 and in accordance with RSA 21-O:14.  Orders of the department issued upon a finding of an imminent and substantial hazard may be appealed, but shall be immediately effective.  The effective date of any other order which is appealed shall be the date of the council's affirmance of the order.  Appeal of the council's affirmance shall not stay or suspend the effectiveness of the order unless the supreme court grants a stay of the order.  The attorney general may bring an action for injunctive relief, including a mandatory injunction, to obtain compliance with or enforcement of the order.

\t23:2  Underground Storage Facilities; Appeals; Correction.  Amend RSA 146-C:4, I to read as follows:

\t\tI.  No person shall own or operate an underground storage facility in this state without a permit issued by the department.  The permit to operate may be revoked in accordance with RSA 541-A:30 for just cause, including, but not limited to, the operation or ownership of an underground storage facility in violation of the department's rules.  The revocation shall not take effect until the owner or operator has had an opportunity to be heard by the council, provided such request is made within 20 days of the issuance of the department's decision to revoke the permit. Appeal of a decision revoking a permit to operate shall be governed by RSA 21-O:14.  Any appeal brought pursuant to RSA 541 shall not stay a decision by the waste management council which affirms the department's revocation of a permit.

\t23:3  Underground Storage Facilities; Administrative Orders; Appeals; Correction.  Amend RSA 146-C:9-a, III to read as follows:

\t\tIII.  Appeal of an order issued under this section shall be [governed by RSA 21-O:7, IV] to the waste management council established in RSA 21-O:9 and in accordance with RSA 21-O:14.

\t23:4  Repeal.  RSA 146-C:1, I-a, relative to the definition of council, is repealed.

\t23:5  Effective Date.  This act shall take effect upon its passage.

Approved: April 25, 2016

Effective Date: April 25, 2016