HB614 (2019) Detail

(New Title) increasing penalties and fines for air pollution and water pollution.


CHAPTER 263

HB 614-FN - FINAL VERSION

 

20Mar2019... 0791h

05/15/2019   1990s

 

2019 SESSION

19-0506

08/05

 

HOUSE BILL 614-FN

 

AN ACT increasing penalties and fines for air pollution and water pollution.

 

SPONSORS: Rep. Rung, Hills. 21; Rep. Backus, Hills. 19; Rep. Danielson, Hills. 7; Sen. Fuller Clark, Dist 21

 

COMMITTEE: Science, Technology and Energy

 

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AMENDED ANALYSIS

 

This bill increases penalties and fines for air pollution and 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20Mar2019... 0791h

05/15/2019   1990s 19-0506

08/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT increasing penalties and fines for air pollution and water pollution.

 

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

 

263:1  Air Pollution Control; Penalties.  Amend RSA 125-C:15, I-b-IV to read as follows:

I-b.  The commissioner of the department of environmental services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed [$2,000] $4,000 for each offense upon any person who violates any provision of this chapter, any rule adopted pursuant to this chapter, or any permit, compliance schedule, stop use order, or order of abatement, 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 paragraph shall be in accordance with RSA 541.  Any administrative fine imposed under this paragraph shall not preclude the imposition of further penalties under this chapter.  The proceeds of administrative fines imposed pursuant to this paragraph shall be deposited in the general fund.

(a)  Notice and hearing prior to the imposition of an administrative fine shall be in accordance with RSA 541-A and procedural rules adopted by the commissioner pursuant to RSA 541-A:16.

(b)  The commissioner shall determine fines based on the following:

(1)  For a minor deviation from a requirement causing minor potential for harm, the fine shall be not less than $100 and not more than [ $1,000] $2,000.

(2)  For a minor deviation from a requirement causing moderate potential for harm, the fine shall be not less than $601 and not more than [$1,250] $2,500.

(3)  For a minor deviation from a requirement causing major potential for harm, the fine shall be not less than $851 and not more than [$1,500] $3,000.

(4)  For a moderate deviation from a requirement causing minor potential for harm, the fine shall be not less than $601 and not more than [$1,250] $2,500.

(5)  For a moderate deviation from a requirement causing moderate potential for harm, the fine shall be not less than $851 and not more than [$1,500] $3,000.

(6)  For a moderate deviation from a requirement causing major potential for harm, the fine shall be not less than $1,251 and not more than [$1,750] $3,500.

(7)  For a major deviation from a requirement causing minor potential for harm, the fine shall be not less than $851 and not more than [$1,500] $3,000.

(8)  For a major deviation from a requirement causing moderate potential for harm, the fine shall be not less than $1,251 and not more than [$1,750] $3,500.

(9)  For a major deviation from a requirement causing major potential for harm, the fine shall be not less than $1,501 and not more than [$2,000] $4,000.

(c)  The commissioner may assess an additional fine for repeat violations.

(d)  Each day of violation shall constitute a separate offense.

II.  Any violation of the provisions of this chapter, or of any rule adopted or order issued under it, or of any condition in a permit issued under it, shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application of the attorney general.  Any such violation shall also be subject to a civil forfeiture to the state of not more than [$25,000] $50,000 for each violation, and for each day of a continuing violation.

III.  Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, or any condition of a permit issued under this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

IV.  Notwithstanding RSA 651:2, any person may, in addition to any sentence of imprisonment, probation, or conditional discharge, be fined not more than [$25,000] $50,000 if found guilty of any violation pursuant to RSA 125-C:15, III.  Each day of violation shall constitute a separate offense.

263:2  Acid Rain Control Act.  Amend 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, may impose an administrative fine not to exceed [$2,000] $4,000 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.

I.  Notice and hearing prior to the imposition of an administrative fine shall be in accordance with RSA 541-A and procedural rules adopted by the commissioner pursuant to RSA 541-A:16.

II.  The commissioner shall determine fines in accordance with RSA 125-C:15, I-b(b) and (d).

III.  The commissioner may assess an additional fine for repeat violations.

263:3  Air Toxic Control Act.  Amend 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, may impose an administrative fine not to exceed [$2,000] $4,000 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.

I.  Notice and hearing prior to the imposition of an administrative fine shall be in accordance with RSA 541-A and procedural rules adopted by the commissioner pursuant to RSA 541-A:16.

II.  The commissioner shall determine fines in accordance with RSA 125-C:15, I-b(b) and (d).

III.  The commissioner may assess an additional fine for repeat violations.

263:4  Asbestos Management and Control; Administrative Penalties and Fines.  Amend RSA 141-E:16 to read as follows:

141-E:16  Administrative Fines.

I.(a)  The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed [$2,000] $4,000 for each offense upon any person who violates any provision of RSA 141-E:3 or any rule adopted by the commissioner under 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 paragraph shall be in accordance with RSA 541.  Any administrative fine imposed under this paragraph shall not preclude the imposition of further penalties under this chapter.  The proceeds of administrative fines levied pursuant to this section shall be deposited in the general fund.

(b)  Notice and hearing prior to the imposition of an administrative fine shall be in accordance with RSA 541-A and procedural rules adopted by the commissioner pursuant to RSA 541-A:16.

(c)  The commissioner shall determine fines in accordance with RSA 125-C:15, I-b(b) and (d).

(d)  The commissioner may assess an additional fine for repeat violations.

II.  Whenever a person licensed pursuant to RSA 141-E:10 or certified pursuant to RSA 141-E:11 fails to pay an administrative fine as required by this section, the commissioner, after notice and hearing pursuant to rules adopted under RSA 541-A, may deny, suspend, or revoke the license or certificate or may issue an appropriate order.

263:5  Oil Spills; Penalties.  Amend RSA 146-A:14, II-a to read as follows:

II-a.  Any person who discharges or spills oil into or onto the surface water or groundwater of the state or in a land area where the oil will ultimately seep into such waters or any person who violates any provision of this chapter or any rule adopted under the provisions of this chapter shall be subject to a civil penalty not to exceed [$10,000] $20,000 for each violation.  Each day of a continuing violation shall count as a separate violation.  Civil penalties for violation of any rule adopted under the provisions of this chapter shall not accrue until the department provides notification of such violation.  The attorney general may bring an action for injunctive relief, including a mandatory injunction.

263:6  Oil Discharge or Spillage in Surface Water or Groundwater.  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, may impose an administrative fine not to exceed [$2,000] $4,000 for each offense upon any person who violates any provision of this chapter including any rule adopted under the provisions of this chapter or any order or permit issued under this chapter.  Each day of the violation shall constitute a separate offense.  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:

263:7  New Hampshire Safe Drinking Water Act; Penalties.  Amend RSA 485:58, IV-VII to read as follows:

IV.  Any person who violates any provision of this chapter or any rule adopted or any term or condition of an approval, exemption, variance or order issued under this chapter shall be liable to the state, upon suit brought by the attorney general, for a civil forfeiture in an amount not to exceed [$25,000] $50,000 for each day of such violation.

V.  The commissioner of environmental services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed [$2,000] $4,000 for each offense upon any person who violates any provision of this chapter including any rule adopted under the provisions of this chapter or any order or permit issued under this chapter.  Each day of violation shall constitute a separate offense.  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 proceeds of administrative fines levied pursuant to this paragraph shall be deposited by the department in the general fund.  The commissioner shall adopt rules, under RSA 541-A, relative to:

(a)  A schedule of administrative fines which may be imposed under this paragraph for violations of this chapter as provided above.

(b)  Procedures for notice and hearing prior to the imposition of an administrative fine.

VI.  Any act or failure to act in violation of RSA 485:8, II; 31; 42; 43; 46; or 48; or any rule adopted under RSA 485:2; 3; 4; 40; 41; 44; or 47 may be enjoined.

VII.  Notwithstanding RSA 651:2, any person may, in addition to any sentence of imprisonment, probation or conditional discharge, be fined not more than [$25,000] $50,000 if found guilty of any violation of paragraph II or III of this section.  The court may also order the person to pay the costs of remediation.  Each day of violation shall constitute a separate offense.

263:8  Groundwater Protection Act; Penalties and Fines.  Amend RSA 485-C:18-19 to read as follows:

485-C:18  Administrative Fines.  The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed [$2,000] $4,000 for each offense upon any person who violates any provision of this chapter or any rule, permit or order adopted or issued under this chapter.  Each day of violation shall constitute a separate offense.  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 commissioner shall adopt rules, under RSA 541-A, relative to:

I.  A schedule of administrative fines which may be imposed under this section for violation of this chapter.

II.  Procedures for notice and hearing prior to the imposition of an administrative fine.

485-C:19  Penalties and Other Relief.  

I.  Any person who knowingly violates this chapter, or any rule, permit, or order adopted or issued under this chapter; or who knowingly or recklessly makes any material false statement in any document required to be filed or maintained pursuant to this chapter; or who knowingly or recklessly renders inaccurate, falsifies, or tampers with any monitoring device or method required under this chapter; or who knowingly fails, neglects, or refuses to obey any lawful order of the department, shall be guilty of a misdemeanor if a natural person, and a felony if any other person.  Such person shall also be subject to a civil penalty not to exceed [$25,000] $50,000 for each violation or for each day of a continuing violation.

II.  Any person who violates this chapter or a rule, permit, or order adopted or issued under this chapter, shall be subject to a civil penalty not to exceed [$10,000] $20,000 for each violation or for each day of a continuing violation.  Such violation may also be enjoined by the superior court upon application of the attorney general.

263:9  Water Management; Penalties and Compliance.  Amend RSA 488:7-8 to read as follows:

488:7  Compliance.

I.  Registration and withdrawal of water under RSA 488:3 shall be deemed to grant permission to the department to enter onto the registered property to review compliance with the provisions of the registration.

II.  Upon obtaining credible information that any person is not registered in accordance with RSA 488:3, I and is withdrawing, discharging, or transferring a cumulative amount of more than 20,000 gallons of water per day, averaged over any 7-day period, or more than 600,000 gallons of water over any 30-day period, at a single real property or place of business, the department may obtain an administrative inspection warrant in accordance with RSA 595-B to determine compliance with the registration requirements.

III.  The commissioner may issue an order to any person who violates this chapter, or any rule or permit authorized under this chapter, and require such actions as may be necessary.  Any order issued by the department pursuant to this chapter may be recorded in the registry of deeds for the county in which the subject facility or property is situated.  A recorded order shall run with the land; provided, that an appropriate description of the land involved including the accurate name of the owner thereof is included in the order.  No fee shall be charged for recording an order; however, a fee may be charged for discharging an order.

IV.  If the department finds that an emergency exists requiring immediate action to protect the public safety, it may issue an order stating that an emergency exists and requiring that such action be taken as necessary to meet the emergency.  Any person to whom such an order is directed shall comply immediately, but may appeal to the water council established under RSA 21-O:7.

488:8  Administrative Fines.  

I.  The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed [$2,000] $4,000 for each offense upon any person who knowingly:

(a)  Violates any provision of this chapter or any rule or order adopted or issued under it.

(b)  Makes any material false statement in any document required to be filed or maintained.

(c)  Renders inaccurate, falsifies, or tampers with any monitoring device or method.

II.  Rehearings and appeals from a decision of the commissioner under this section shall be in accordance with RSA 541.

III.  Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter.  The commissioner may assess additional fines upon any person who has received written notification from the department regarding violations of the provisions of this chapter or rules adopted pursuant to this chapter, if the violations have not been mitigated within 30 days of receipt of notification.

IV.  Each day of violation shall constitute a separate offense.

263:10  Effective Date.  This act shall take effect January 1, 2020.

 

Approved: July 19, 2019

Effective Date: January 01, 2020

 

 

Links

HB614 at GenCourtMobile
HB614 Discussion

Action Dates

Date Body Type
Feb. 7, 2019 House Hearing
Feb. 26, 2019 House Exec Session
March 6, 2019 House Exec Session
House Floor Vote
March 19, 2019 House Floor Vote
April 16, 2019 Senate Hearing
May 15, 2019 Senate Floor Vote

Bill Text Revisions

HB614 Revision: 6612 Date: Dec. 4, 2019, 8:12 a.m.
HB614 Revision: 6338 Date: June 13, 2019, 3:42 p.m.
HB614 Revision: 6022 Date: May 29, 2019, 9:08 a.m.
HB614 Revision: 5645 Date: April 2, 2019, 10:56 a.m.
HB614 Revision: 4897 Date: Jan. 16, 2019, 8:37 a.m.

Docket


July 19, 2019: Signed by Governor Sununu 07/19/2019; Chapter 263; Eff: 01/01/2020


June 27, 2019: Enrolled 06/27/2019 HJ 20 P. 53


June 27, 2019: Enrolled (In recess 06/27/2019); SJ 21


June 13, 2019: House Concurs with Senate Amendment 1990s (Rep. Backus): MA VV 06/13/2019 HJ 19 P. 13


May 15, 2019: Ought to Pass with Amendment 2019-1990s, RC 19Y-5N, MA; OT3rdg; 05/15/2019; SJ 16


May 15, 2019: Sen. Fuller Clark Floor Amendment # 2019-1990s, AA, VV; 05/15/2019; SJ 16


May 15, 2019: Committee Report: Ought to Pass, 05/15/2019; SC 22


April 16, 2019: Hearing: 04/16/2019, Room 103, SH, 09:10 am; SC 18


March 28, 2019: Introduced 03/28/2019 and Referred to Energy and Natural Resources; SJ 12


March 20, 2019: Ought to Pass with Amendment 2019-0791h (NT): MA RC 247-104 03/20/2019 HJ 11 P. 36


March 20, 2019: Amendment # 2019-0791h (NT): AA RC 293-57 03/20/2019 HJ 11 P. 36


: Minority Committee Report: Inexpedient to Legislate


: Majority Committee Report: Ought to Pass with Amendment # 2019-0791h (NT) (Vote 16-3; RC)


March 19, 2019: Majority Committee Report: Ought to Pass with Amendment # 2019-0791h (NT) for 03/19/2019 (Vote 16-3; RC) HC 16 P. 34


March 6, 2019: ==CONTINUED== Executive Session: 03/06/2019 10:30 am LOB 304


Feb. 26, 2019: ==RECESSED== Executive Session: 02/26/2019 10:15 am LOB 304


Feb. 7, 2019: Public Hearing: 02/07/2019 01:00 pm LOB 210-211


Jan. 3, 2019: Introduced 01/03/2019 and referred to Science, Technology and Energy HJ 3 P. 22