Revision: April 2, 2019, 10:56 a.m.
HB 614-FN - AS AMENDED BY THE HOUSE
20Mar2019... 0791h
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 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:
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.
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.
3 Air Toxic Control Act. Amend the introductory paragraph of RSA 125-I:3-a to read as follows:
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.
4 Asbestos Management and Control; Administrative Penalties and Fines. Amend RSA 141-E:16, I(a) 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 paragraph shall be deposited by the commissioner in the fund established by RSA 141-E:12, II.
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.
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:
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.
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.
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.
10 Effective Date. This act shall take effect January 1, 2020.
19-0506
Amended 4/1/19
HB 614-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2019-0791h)
AN ACT increasing penalties and fines for air pollution and water pollution.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | $0 | $0 | $0 |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Asbestos Fund | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
This bill increases the penalties for air pollution. The Department of Environmental Services states this bill would double the maximum penalties established in RSA 125-C only. The Department indicates the Division of Air Resources has authority to impose penalties pursuant to several other statutes which reference the amounts in RSA 125-C. These include:
As amended by the House, the bill would also double the potential penalties established in RSA 146-A:14, II-a, RSA 146-A:15, and RSA 485-C:18-19 administered by the Department's Waste Management Division and penalties in RSA 485:58, IV-VII and RSA 488:7-8 administered by the Water Division. Money received from the penalties imposed under these laws is deposited into the general fund except for amounts received under RSA 141-E:16 which is deposited in the asbestos fund. The Department indicates, while the bill would double the maximum fine amounts, it is not necessarily the case that penalties actually imposed would double. Therefore the amount of additional revenue that would be received by the general fund and the asbestos fund is indeterminable. In addition, the bill specifies that each day of violation shall constitute a separate offense which could significantly increase the amount of fines. The Department does not expect state expenditures or county and local revenue would be impacted by the bill. The number of potential violations attributable to county and local governments cannot be predicted, therefore the impact on county and local expenditures is indeterminable.
AGENCIES CONTACTED:
Department of Environmental Services