Revision: Dec. 8, 2017, 12:15 p.m.
SB 330 - AS INTRODUCED
2018 SESSION
18-2999
08/06
SENATE BILL 330
AN ACT requiring the department of environmental services to give certain persons time to cure violations before imposing a penalty.
SPONSORS: Sen. Daniels, Dist 11
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill requires the department of environmental services to give certain persons time to cure violations before imposing a penalty.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2999
08/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT requiring the department of environmental services to give certain persons time to cure violations before imposing a penalty.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Acid Rain Control Act; Violation; Time to Cure. Amend the introductory paragraph of RSA 125-D:4 to read as follows:
125-D:4 Administrative Fines. The commissioner of the department of environmental services, after notice and hearing pursuant to RSA 541-A, and after allowing the person in violation 30 days from the receipt of a notice to cure the defect causing the violation, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter, any rule adopted pursuant to this chapter, or any permit or order issued pursuant to this chapter; or upon any person who makes or certifies a material false statement relative to any document or information which is required to be submitted to the department pursuant to this chapter or any rule adopted pursuant to this chapter. Rehearings and appeals from a decision of the commissioner under this section shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines imposed pursuant to this section shall be deposited in the general fund.
2 Air Toxic Control Act; Violation; Time to Cure. Amend the introductory paragraph of RSA 125-I:3-a to read as follows:
125-I:3-a Administrative Fines. The commissioner of the department of environmental services, after notice and hearing pursuant to RSA 541-A, and after allowing the person in violation 30 days from the receipt of a notice to cure the defect causing the violation, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter, any rule adopted pursuant to this chapter, or any permit or order issued pursuant to this chapter; or upon any person who makes or certifies a material false statement relative to any document or information which is required to be submitted to the department pursuant to this chapter or any rule adopted pursuant to this chapter. Rehearings and appeals from a decision of the commissioner under this section shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines imposed pursuant to this section shall be deposited in the general fund.
3 Oil Discharge in Surface or Groundwater; Violation; Time to Cure. Amend the introductory paragraph of RSA 146-A:15, I to read as follows:
I. The commissioner of the department of environmental services, after notice and hearing pursuant to RSA 541-A, and after allowing the person in violation 30 days from the receipt of a notice to cure the defect causing the violation, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter including any rule adopted under the provisions of this chapter. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The commissioner shall adopt rules, under RSA 541-A, relative to:
4 Elimination of Gasoline Ethers; Violation; Time to Cure. Amend RSA 146-A:19, II to read as follows:
II. Any person who violates paragraph I shall receive notice of such violation and shall have 30 days from the receipt of such notice to cure the defect causing the violation or then, be subject to administrative fines not to exceed $2,000 for each violation issued by the department of environmental services and civil penalties not to exceed $60,000 for each violation. Each day of a continuing violation shall constitute a separate violation. In addition to civil penalties, the attorney general may institute such legal or equitable action as he or she deems necessary, including an action for injunctive relief.
5 Underground Storage Facilities; Violation; Time to Cure. Amend RSA 146-C:10, I to read as follows:
I. Any person who owns or operates an underground storage facility without a permit as required by this chapter, who fails to comply with a condition of that permit or of an order issued under RSA 146-C:9-a, or who violates any provision of this chapter or the rules adopted under this chapter relative to underground storage facilities shall receive notice of such violation and shall have 30 days from the receipt of such notice to cure the defect causing the violation. If he or she does not cure the defect within 30 days he or she shall be subject to a civil penalty of not more than $10,000 for each violation. Each day of a continuing violation shall count as a separate violation. Such a violation may also be enjoined by the superior court upon application of the attorney general.
6 Underground Storage Facilities; Violation; Time to Cure. Amend the introductory paragraph of RSA 146-C:10-a to read as follows:
146-C:10-a Administrative Fines. The commissioner of the department of environmental services, after notice and hearing pursuant to RSA 541-A, and after allowing the person in violation 30 days from the receipt of a notice to cure the defect causing the violation, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter including any rule adopted under the provisions of this chapter. Rehearings and appeals from a decision of the commissioner under this section shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines levied pursuant to this section shall be deposited by the commissioner in the oil pollution control fund established under RSA 146-A. The commissioner shall adopt rules, under RSA 541-A, relative to:
7 Solid Waste; Violation; Time to Cure. Amend RSA 149-M:15, IV to read as follows:
IV. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, or any condition in a permit issued under this chapter shall receive notice of such violation and shall have 30 days from the receipt of such notice to cure the defect causing the violation. If he or she does not cure the defect within 30 days he or she shall be subject to a civil penalty not to exceed $25,000 for each violation, or for each day of a continuing violation.
8 Dams; Violations; Time to Cure. Amend the introductory paragraph of RSA 482:89, V to read as follows:
V. The commissioner, after notice and hearing pursuant to RSA 541-A, and after allowing the person in violation 30 days from the receipt of a notice to cure the defect causing the violation, may impose upon any person who violates any provision of this chapter, as specified in paragraph I, an administrative fine not to exceed $2,000 for each violation in addition to other remedies and penalties provided under this chapter. The department shall commence a proceeding under this paragraph against any person who does not respond within 45 days of receipt of a written order, directive, or any notice of needed maintenance, repair, or reconstruction issued by the department. Rehearings and appeals under this paragraph shall be in accordance with RSA 541. The commissioner shall adopt rules, under RSA 541-A, relative to:
9 Wetlands; Violation; Time to Cure. Amend the introductory paragraph of RSA 482-B:16, II to read as follows:
II. The commissioner, after notice and hearing pursuant to RSA 541-A, and after allowing the person in violation 30 days from the receipt of a notice to cure the defect causing the violation, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter, any rule adopted under this chapter, or any license or approval issued under this chapter, or who makes or certifies a material false statement relative to any document required by this chapter. The person may appeal the decision to the board within 30 days of the date of the decision. Following an appeal hearing, the board may uphold or overturn the decision or impose a lesser or greater fine. Rehearings and appeals from a decision of the board under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The commissioner shall adopt rules subject to the approval of the water well board, under RSA 541-A, relative to:
10 Effective Date. This act shall take effect January 1, 2019.