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RSA 149-M:38 · Enforcement

Title
X: PUBLIC HEALTH
Chapter
149-M · SOLID WASTE MANAGEMENT
Status
current
Official source linked
Yes
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149-M:38 Enforcement. –

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I.

The commissioner may issue an order to any person in violation of this subdivision, any rule adopted under this subdivision or any condition in any exemption granted under this subdivision to comply with the subdivision, the rule or condition, and may require such remedial measures as may be necessary.

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II.

The commissioner may request the attorney general to bring a civil action in superior court for appropriate relief, including a temporary or permanent injunction, or both, to enforce any provision of this subdivision, any rule adopted under this subdivision, any condition in any exemption granted under this subdivision, or any order issued pursuant to this subdivision.

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III.

Any person who knowingly violates any provision of this subdivision, any rule adopted under this subdivision, any condition in any exemption granted under this subdivision, or any order issued pursuant to this subdivision or who makes or certifies a material false statement relative to any certificate of compliance required by this subdivision shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person. Each day of a continuing violation shall constitute a separate violation.

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IV.

Notwithstanding RSA 651:2, a natural person may, in addition to any sentence of imprisonment, probation or conditional discharge, be fined not more than $25,000 if found guilty of any violation pursuant to paragraph III.

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V.

Any person who violates any provision of this subdivision, any rule adopted under this subdivision, any condition in any exemption granted under this subdivision, or any order issued pursuant to this subdivision or who makes or certifies a material false statement relative to any certificate of compliance required by this subdivision shall be subject to a civil forfeiture not to exceed $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation.

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VI.

The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each violation upon any person who violates any provision of this subdivision, any rule adopted under this subdivision, any condition in any exemption granted under this subdivision, or any order issued pursuant to this subdivision or who makes or certifies a material false statement relative to any certificate of compliance required by this subdivision. 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 other penalties under this chapter. Source. 1996, 251:2, eff. Aug. 9, 1996.

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Source note

Source. 1996, 251:2, eff. Aug. 9, 1996.

Source history

  • 1996, 251:2, eff. Aug. 9, 1996

Related materials

Bill relationships

  • 2026 HB1138 amend

    into New Hampshire landfills. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Out-of-State Solid Waste; Limited. Amend RSA 149-M by inserting after section 9 the following new section: 149-M:9-a Out-of-State Solid Waste; Limited. By January 1, 2030, any landfill operator permitted under this chapter on or prior to December 31, 2025, shall acce

  • 2026 HB1141 reference

    except notifications for minimum impact activities under RSA 482-A:3, V and XII and for routine roadway maintenance under RSA 482-A:3, XVI on land used for agricultural purposes, RSA 149-M, RSA 430, or RSA 147-A. If an agency is notified by the rivers coordinator that a proposed activity would violate a protection measure under RSA 483:9, 483:9-a, 483:9-aa, or 483:9-b, such agency shall deny the applicati

  • 2026 HB1141-FN reference

    except notifications for minimum impact activities under RSA 482-A:3, V and XII and for routine roadway maintenance under RSA 482-A:3, XVI on land used for agricultural purposes, RSA 149-M, RSA 430, or RSA 147-A. If an agency is notified by the rivers coordinator that a proposed activity would violate a protection measure under RSA 483:9, 483:9-a, 483:9-aa, or 483:9-b, such agency shall deny the applicati

  • 2026 HB1189 amend

    evaluation committee. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Solid Waste Site Evaluation Committee. Amend RSA 149-M by inserting after section 64 the following new subdivision: Solid Waste Site Evaluation Committee 149-M:65 Declaration of Purpose. I. The legislature and the executive branch recognize that the selection of site

  • 2026 HB1189-FN amend

    evaluation committee. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Solid Waste Site Evaluation Committee. Amend RSA 149-M by inserting after section 64 the following new subdivision: Solid Waste Site Evaluation Committee 149-M:65 Declaration of Purpose. I. The legislature and the executive branch recognize that the selection of site

  • 2026 HB1198 amend

    duct stewardship program. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Paint Product Stewardship Program. Amend RSA 149-M by inserting after section 64 the following new subdivision: Paint Product Stewardship Program 149-M:65 Definitions. In this subdivision: I. "Aerosol coating product" means a pressurized coating product containing

  • 2026 HB1198-FN amend

    duct stewardship program. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Paint Product Stewardship Program. Amend RSA 149-M by inserting after section 64 the following new subdivision: Paint Product Stewardship Program 149-M:65 Definitions. In this subdivision: I. "Aerosol coating product" means a pressurized coating product containing

  • 2026 HB1282 amend

    od waste diversion. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Organic and Food Waste Diversion Commission. Amend RSA 149-M by inserting after section 7 the following new section: 149-M:7-a Organic and Food Waste Diversion Commission. I. There is established a commission to assist the department of environmental services in enacting a

  • 2026 HB1602 amend

    program. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Safe Battery Collection and Recycling Stewardship. Amend RSA 149-M by inserting after section 64 the following new subdivision: Safe Battery Collection and Recycling Stewardship 149-M:65 Definitions; Stewardship Program Established. I. In this subdivision: (a) "Battery-containin

  • 2026 HB1602-FN amend

    program. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Safe Battery Collection and Recycling Stewardship. Amend RSA 149-M by inserting after section 64 the following new subdivision: Safe Battery Collection and Recycling Stewardship 149-M:65 Definitions; Stewardship Program Established. I. In this subdivision: (a) "Battery-containin

  • 2026 HB171 amend · effective 2028-07-01

    . Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Moratorium; Study by the Department of Environmental Services. Amend RSA 149-M by inserting after section 9 the following new section: 149-M:9-a Moratorium on Issuance of Permits for New Landfill. I. Notwithstanding RSA 149-M:9, the department shall not issue any permit to construct or operate

  • 2026 HB1789 amend

    ded producer responsibility. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Extended Producer Responsibility. Amend RSA 149-M by inserting after section 64 the following new subdivision: Extended Producer Responsibility 149-M:65 Definitions. I. "Bio-plastic" means plastic produced from biological sources such as vegetable fats and oils, p