New Hampshire Revised Statutes 147-F:19 – Enforcement
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I. The attorney general may institute an action before the superior court for the county in which the property is located or the superior court for Merrimack county against any person to enforce the terms of a covenant issued under this chapter.
II. If the department determines that an emergency exists at a property in the program requiring immediate action to protect the public health or environment, it may issue an order stating that an emergency exists and requiring that such action be taken as it judges necessary to meet the emergency. The order shall be effective immediately. Any person to whom such an order is directed shall comply immediately, but may appeal to the superior court for the county in which the property is located.
III. Upon petition of the attorney general, the superior court may impose a civil penalty not to exceed $25,000 for each day of a continuing violation upon any person who:
(a) Violates a use restriction imposed under this chapter.
(b) Made a material misrepresentation in any certificate or report submitted to the department under this chapter. Civil penalties imposed under this section shall be paid to the hazardous waste cleanup fund established by RSA 147-B.
IV. Any person who knowingly commits a violation listed in paragraph III of this section shall be guilty of a felony and, notwithstanding N.H. Rev. Stat. § 651:2, may in addition to any sentence of imprisonment, probation or conditional discharge, be fined no more than $25,000 for each violation if found guilty pursuant to this section. Each day of violation shall constitute a separate offense. Criminal penalties imposed under this section shall be paid to the hazardous waste cleanup fund established by RSA 147-B.
II. If the department determines that an emergency exists at a property in the program requiring immediate action to protect the public health or environment, it may issue an order stating that an emergency exists and requiring that such action be taken as it judges necessary to meet the emergency. The order shall be effective immediately. Any person to whom such an order is directed shall comply immediately, but may appeal to the superior court for the county in which the property is located.
Terms Used In New Hampshire Revised Statutes 147-F:19
- 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.
- Department: means department of environmental services. See New Hampshire Revised Statutes 147-F:3
- Person: means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, limited liability company, municipality, commission, and the state or a political subdivision of the state. See New Hampshire Revised Statutes 147-F:3
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Program: means the brownfields program established by this chapter. See New Hampshire Revised Statutes 147-F:3
III. Upon petition of the attorney general, the superior court may impose a civil penalty not to exceed $25,000 for each day of a continuing violation upon any person who:
(a) Violates a use restriction imposed under this chapter.
(b) Made a material misrepresentation in any certificate or report submitted to the department under this chapter. Civil penalties imposed under this section shall be paid to the hazardous waste cleanup fund established by RSA 147-B.
IV. Any person who knowingly commits a violation listed in paragraph III of this section shall be guilty of a felony and, notwithstanding N.H. Rev. Stat. § 651:2, may in addition to any sentence of imprisonment, probation or conditional discharge, be fined no more than $25,000 for each violation if found guilty pursuant to this section. Each day of violation shall constitute a separate offense. Criminal penalties imposed under this section shall be paid to the hazardous waste cleanup fund established by RSA 147-B.