SB328: relative to civil forfeitures for certain waste disposal violations.

CHAPTER 169

SB 328 – FINAL VERSION

2008 SESSION

08-2713

08/09

SENATE BILL 328

AN ACT relative to civil forfeitures for certain waste disposal violations.

SPONSORS: Sen. Cilley, Dist 6; Sen. Reynolds, Dist 2; Sen. Clegg, Dist 14; Rep. Wall, Straf 7; Rep. DiFruscia, Rock 4; Rep. Bettencourt, Rock 4

COMMITTEE: Energy, Environment and Economic Development

ANALYSIS

This bill raises the limit for civil forfeitures for certain waste disposal violations.

The bill also allows the court to consider certain relevant circumstances when determining the civil forfeiture.

This bill is a request of the department of justice.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2713

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to civil forfeitures for certain waste disposal violations.

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

169:1 Penalties. Amend RSA 485-A:43, III to read as follows:

III. Notwithstanding any other penalty or fine for which liability is provided under this subdivision, any person may be liable to the state, in an action commenced in the name of the state, for a civil forfeiture of not more than [$5,000] $10,000 per day per violation for such violation, failure, neglect, refusal or any misstatement for which said person is personally responsible. Such forfeiture may be levied by the superior court in connection with actions for injunctive relief commenced pursuant to RSA 485-A:44. The proceeds of any civil forfeiture levied under this section shall be utilized in the enforcement of this subdivision. In determining a civil forfeiture, the court may take into consideration all relevant circumstances, including the degree of noncompliance, the extent of harm caused by the violation, the nature and persistence of the violation, the time and cost associated with the investigation by the state and the economic impact of the penalty on the liable person. The cost of corrective action shall not be considered in determining the civil forfeiture.

169:2 Effective Date. This act shall take effect January 1, 2009.

Approved: June 6, 2008

Effective Date: January 1, 2009