RSA 485:58 · Enforcement and Penalties

485:58 Enforcement and Penalties. –

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I.

If the department determines that a primary standard has violated, or that, in its judgment, a condition exists in a public water system which will cause a violation of a primary standard and may result in a serious risk to public health, it may issue an order requiring:

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(a)

The prohibition of transportation, sale, distribution or supplying of water;

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(b)

The repair, installation or operation of purification equipment or methods;

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(c)

The notification of all potential users of the system, including travelers, of the nature, extent and possible health effects of the imminent hazard, and precautions to be taken by users; or

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(d)

The testing, sampling or other analytical operations required to determine the nature, extent, duration or termination of the imminent hazard. The superior court shall place any action filed by the department to enforce an order under this section at the top of its calendar of cases and shall provide an expeditious hearing on such order.

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II.

Any reckless violation of any provision of this chapter, any rule adopted under this chapter, any term or condition of an approval, exemption, variance or order issued under this chapter, or any misstatement of a material fact required to be disclosed under this chapter shall constitute a misdemeanor for a natural person and a felony for any other person.

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III.

Unless otherwise provided, any purposeful or knowing violation of any provision of this chapter, any rule adopted under this chapter, any term or condition of an approval, exemption, variance, or order issued under this chapter, or any misstatement of a material fact required to be disclosed under this chapter shall constitute a class B felony.

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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 $50,000 for each day of such violation.

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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 $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:

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(a)

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

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(b)

Procedures for notice and hearing prior to the imposition of an administrative fine.

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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.

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VII.

Notwithstanding RSA 651:2, any person may, in addition to any sentence of imprisonment, probation or conditional discharge, be fined not more than $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.

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VIII.

Notwithstanding RSA 507:7-e, I-III, and in addition to any other available remedies, where a property owner demonstrates by a preponderance of the evidence that contamination emanating from a PFAS facility subject to RSA 147-B:10, VIII caused contamination of the property owner's drinking water at a level at or above state or federal maximum contaminant levels, the owner or operator of such PFAS facility shall be jointly and severally liable for:

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(a)

The provision of safe drinking water to such property owner either in the form of a point-of-entry treatment system capable of treating such PFAS to non-detect levels or, if practicable, a connection to a public water system;

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(b)

If connection to a public water system is not practicable, the property owner shall also be entitled to the cost of all reasonable operation and maintenance costs needed to ensure that the POET treats such PFAS to non-detect levels; and

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(c)

All other reasonable costs including attorneys' fees related to obtaining compliance with subparagraphs (a) and (b).

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IX.

A judgment pursuant to paragraph VIII requiring installation of a POET or connection to a public water system, along with associated costs, shall not preclude any other remedies including but not limited to a separate claim for personal injuries caused in whole or in part by the consumption of drinking water contaminated by PFAS. Source. 1989, 339:1. 1990, 33:2. 1995, 88:2; 217:6. 1996, 228:106. 2009, 210:8, eff. Jan. 1, 2010. 2019, 263:7, eff. Jan. 1, 2020. 2024, 349:10, eff. Aug. 2, 2024.

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