New Hampshire Revised Statutes 125-D:5 – Enforcement
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I. Whenever the commissioner or the commissioner’s authorized representative finds that any major source of sulfur dioxide has resulted in a violation of any of the provisions of this chapter or any rules in force hereunder, the commissioner shall issue a notice of violation and, where appropriate, an order of abatement establishing a compliance schedule with which the major source of sulfur dioxide shall comply. Any order of abatement shall become final and enforceable by the commissioner within 30 days of its issuance unless an appeal is filed with the air resources council before the expiration of said 30-day period. The council shall hold a hearing on any such appeal promptly, and shall thereafter issue a decision upholding, modifying, or abrogating the commissioner’s order of abatement or any part thereof. The council’s decision shall become final 10 days after it is issued. Upon a finding by the commissioner that there is an imminent and substantial endangerment to the public health or welfare or the environment, the commissioner shall issue an order of abatement requiring immediate compliance and the order shall be final and enforceable upon issuance, but may be appealed to the council within 30 days of its issuance, and the council may, after hearing, uphold, modify, or abrogate such order.
II. Any violation of the provisions of this chapter, or of any rule adopted or order issued under it, shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application of the attorney general. Any such violation shall also be subject to a civil forfeiture to the state of not more than $25,000 for each violation, and for each day of a continuing violation.
III. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
IV. Notwithstanding N.H. Rev. Stat. § 651:2, any 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 N.H. Rev. Stat. § 125-D:5, III. Each day of violation shall constitute a separate offense.
II. Any violation of the provisions of this chapter, or of any rule adopted or order issued under it, shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application of the attorney general. Any such violation shall also be subject to a civil forfeiture to the state of not more than $25,000 for each violation, and for each day of a continuing violation.
Terms Used In New Hampshire Revised Statutes 125-D:5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Uphold: The decision of an appellate court not to reverse a lower court decision.
III. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
IV. Notwithstanding N.H. Rev. Stat. § 651:2, any 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 N.H. Rev. Stat. § 125-D:5, III. Each day of violation shall constitute a separate offense.