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RSA 485-A:43 · Penalties

Title
L: WATER MANAGEMENT AND PROTECTION
Chapter
485-A · WATER POLLUTION AND WASTE DISPOSAL
Status
current
Official source linked
Yes
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485-A:43 Penalties. –

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I.

Any person who shall violate any of the provisions of this subdivision or who shall knowingly fail, neglect or refuse to obey any order of the department or member or authorized agent of the department issued under the authority of this subdivision, or who shall knowingly make any misstatement of material fact for which said person is personally responsible in connection with an application for an approval pursuant to this subdivision shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

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II.

Any person who knowingly produces any erroneous or fallacious data with regard to any application or plan submitted pursuant to this subdivision shall bear the full responsibility for same, and shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

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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 $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.

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IV.

Any person neglecting or refusing to comply with the provisions of RSA 485-A:37 shall be subject to a civil forfeiture not to exceed $1,000 for each day of neglect or refusal after notice as provided for in RSA 485-A:37.

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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 for each offense upon any person who violates any provision of this subdivision including any rule adopted under the provisions of 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 section shall not preclude the imposition of further penalties under this subdivision. 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:

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(a)

A schedule of administrative fines which may be imposed under this paragraph for violations of this subdivision as provided above.

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(b)

Procedures for notice and hearing prior to the imposition of an administrative fine. Source. 1989, 339:1. 1995, 217:8. 1996, 228:106. 2008, 169:1, eff. Jan. 1, 2009.

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Source note

Source. 1989, 339:1. 1995, 217:8. 1996, 228:106. 2008, 169:1, eff. Jan. 1, 2009.

Source history

  • 1989, 339:1
  • 1995, 217:8
  • 1996, 228:106
  • 2008, 169:1, eff. Jan. 1, 2009

Related materials

Bill relationships

  • 2026 HB1136 reference · effective 2026-07-01

    to comply with this paragraph and prior to constructing an accessory dwelling unit, an application for approval for a sewage disposal system shall be submitted in accordance with RSA 485-A as applicable. The approved sewage disposal system shall be installed if the existing system has not received construction approval and approval to operate under current rules or predecessor rules, or the system fails o

  • 2026 HB1141 amend

    in the earth or in or underneath water, or for quarrying or crushing of rock or bedrock for the purpose of producing construction aggregate. 3 New Section; Exemptions. Amend RSA 485-A by inserting after section 2 the following new section: 485-A:2-a Exemptions. The following shall not be subject to this chapter: I. Mining activities in existence before August 24, 1979. II. The crushing of

  • 2026 HB1141-FN amend

    in the earth or in or underneath water, or for quarrying or crushing of rock or bedrock for the purpose of producing construction aggregate. 3 New Section; Exemptions. Amend RSA 485-A by inserting after section 2 the following new section: 485-A:2-a Exemptions. The following shall not be subject to this chapter: I. Mining activities in existence before August 24, 1979. II. The crushing of

  • 2026 HB1195 reference · effective 2026-07-01

    children. V. Nothing in this section shall prohibit enforcement of applicable state fire, building, water supply and sewage disposal requirements under RSA 153, RSA 155-A, and RSA 485-A. 3 Effective Date. This act shall take effect July 1, 2026. HELPFUL LINKS Redistricting Information Ethics Committee Statutory/Study Committees Voting Records Past Member Legislation Driving Directions IT Help De

  • 2026 HB459 reference · effective 2025-07-01

    er infrastructure, no ordinance shall require lot sizes for single-family residential uses larger than is required by the department of environmental services for individual sewage disposal systems pursuant to RSA 485-A and chapter Env-Wq 1000, unless the municipality provides empirical evidence that the health or safety of the community will be meaningfully impacted without the ability to require larger lot sizes. ?In determ

  • 2026 HB459-FN reference

    e shall require lot sizes for single-family residential uses larger than is required by the department of environmental services for individual sewage disposal systems pursuant to RSA 485-A and chapter Env-Wq 1000, unless the municipality provides empirical evidence that the health or safety of the community will be meaningfully impacted without the ability to require larger lot sizes. ?In determining wha

  • 2026 SB445 amend

    en within 30 days after the decision on such reconsideration] of the decision, the applicant may appeal by petition to the superior court. 30 Penalties; Water Division. Amend RSA 485-A:43, V to read as follows: 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 for each offense upon any person who vio

  • 2026 SB527 reference

    lic hearing is not required, shall ensure that a copy of the application for issuance of a permit, certificate, or license within the designated river or corridor under RSA 485-C, RSA 485-A, RSA 483-B, RSA 12-E, RSA 270:12, RSA 482, RSA 482-A is provided, 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 f

  • 2026 SB589 amend

    ay adopt rules to implement a cybersecurity protection program for public water systems. 7 New Section; Cybersecurity Protection Program; Wastewater Treatment Facilities. Amend RSA 485-A by inserting after section 485-A:5-e the following new section: 485-A:5-f Cybersecurity Protection Program. I. Wastewater treatment plants or wastewater facilities shall implement a cybersecurity protection program

  • 2026 SB589-FN amend · effective 2027-07-01

    ay adopt rules to implement a cybersecurity protection program for public water systems. 7 New Section; Cybersecurity Protection Program; Wastewater Treatment Facilities. Amend RSA 485-A by inserting after section 485-A:5-e the following new section: 485-A:5-f Cybersecurity Protection Program. I. Wastewater treatment plants or wastewater facilities shall implement a cybersecurity protection program

  • 2026 SB598 amend · effective 2027-01-01

    force. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Cyanobacteria Mitigation Loan and Grant Fund Task Force. Amend RSA 485-A by inserting after section 61 the following new section: 485-A:62 Cyanobacteria Mitigation Loan and Grant Fund Task Force. I. There is established a task force to study developing a sustainable funding source fo

  • 2025 HB2 reference

    that action. IV. To meet the requirements of paragraph III, the department of environmental services shall complete the review for any permit, approval, or written authorization required pursuant to RSA 482-A, RSA 485-A, and RSA 236. The department of environmental services shall adopt rules under RSA 541-A to implement the review process and establish a fee schedule for any requested reviews. Such rulemaking shall commence w

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