RSA 146-A:16 · Orders; Injunctions

146-A:16 Orders; Injunctions. –

Copy link

I.

The department is authorized to issue an administrative order directing any person to cease activity violating this chapter or any rule adopted under the provisions of this chapter, to take action necessary to comply with this chapter or any rule adopted under the provisions of this chapter, or to institute corrective or remedial measures in response to the spillage or discharge of oil or any other violations of this chapter or rules adopted under the provisions of this chapter.

Copy link

II.

Notwithstanding any other provision of this chapter, the department, upon receipt of information that the spillage of oil may present an imminent and substantial hazard to human health or the environment, may take the following action:

Copy link

(a)

Issue a cease and desist order against any person responsible for the spillage or discharge of oil;

Copy link

(b)

Order the oil facility owner or operator, or any other person responsible for the spillage or discharge of oil, to take action reasonably required to contain or remove the spillage; and

Copy link

(c)

Request the attorney general to bring an action for injunctive relief, including a mandatory injunction.

Copy link

III.

Appeal of an order issued under this section shall be 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. Source. 1991, 92:21. 1996, 228:106. 1998, 316:2, eff. Jan. 1, 1999. 2016, 23:1, eff. Apr. 25, 2016.

Copy link