New Hampshire Revised Statutes 146-A:16 – Orders; Injunctions
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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.
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:
(a) Issue a cease and desist order against any person responsible for the spillage or discharge of oil;
(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
(c) Request the attorney general to bring an action for injunctive relief, including a mandatory injunction.
III. Appeal of an order issued under this section shall be to the waste management council established in N.H. Rev. Stat. § 21-O:9 and in accordance with N.H. Rev. Stat. § 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.
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:
Terms Used In New Hampshire Revised Statutes 146-A:16
- 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.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- 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
(a) Issue a cease and desist order against any person responsible for the spillage or discharge of oil;
(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
(c) Request the attorney general to bring an action for injunctive relief, including a mandatory injunction.
III. Appeal of an order issued under this section shall be to the waste management council established in N.H. Rev. Stat. § 21-O:9 and in accordance with N.H. Rev. Stat. § 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.