New Hampshire Revised Statutes 149-M:15 – Penalties and Other Enforcement
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I. The department may issue an order to any person in violation of this chapter, a rule adopted under this chapter, or any condition in a permit issued under this chapter to comply with this chapter, the rule or the permit, and require such remedial measures as may be necessary. Any person to whom such an order is directed may appeal to the waste management council.
II. If the department finds that an emergency exists requiring immediate action to protect the public health, 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 waste management council.
III. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, or any condition in a permit issued under this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
IV. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, or any condition in a permit issued under this chapter shall be subject to a civil penalty not to exceed $25,000 for each violation, or for each day of a continuing violation.
V. 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 paragraph III. Each day of violation shall constitute a separate offense.
VI. Any violation of the provisions of this chapter, or of any rule adopted or order issued under it, or of any condition in a permit issued under it, may be enjoined by the superior court upon application of the attorney general.
VII. Commercial trash haulers or municipalities violating the labeling requirements as provided in N.H. Rev. Stat. § 149-M:10, II shall be subject only to a fine of $50 per day per container, notwithstanding paragraphs III and IV.
VIII. Municipalities may apply to a justice of the superior court for injunctive relief against existing or impending violations of this chapter, or any rule or order issued under this chapter. The municipality shall give notice of any such action to the attorney general and the commissioner, who may take such steps as they deem necessary to ensure uniform statewide enforcement, including but not limited to joining the action, assuming sole prosecution of the action, or as of right dismissing the action without prejudice. Such notice shall be given at least 30 days prior to the commencement of any such action, unless more immediate action is necessary to prevent irreparable environmental damage or other serious public harm, in which case such notice shall be given as soon as practicable, but in no event later than the date of commencement of the action. This paragraph shall not be construed to affect, in any manner, existing authority of municipalities to act based upon the provisions of other statutes or local ordinances.
II. If the department finds that an emergency exists requiring immediate action to protect the public health, 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 waste management council.
Terms Used In New Hampshire Revised Statutes 149-M:15
- 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.
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- 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.
III. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, or any condition in a permit issued under this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
IV. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, or any condition in a permit issued under this chapter shall be subject to a civil penalty not to exceed $25,000 for each violation, or for each day of a continuing violation.
V. 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 paragraph III. Each day of violation shall constitute a separate offense.
VI. Any violation of the provisions of this chapter, or of any rule adopted or order issued under it, or of any condition in a permit issued under it, may be enjoined by the superior court upon application of the attorney general.
VII. Commercial trash haulers or municipalities violating the labeling requirements as provided in N.H. Rev. Stat. § 149-M:10, II shall be subject only to a fine of $50 per day per container, notwithstanding paragraphs III and IV.
VIII. Municipalities may apply to a justice of the superior court for injunctive relief against existing or impending violations of this chapter, or any rule or order issued under this chapter. The municipality shall give notice of any such action to the attorney general and the commissioner, who may take such steps as they deem necessary to ensure uniform statewide enforcement, including but not limited to joining the action, assuming sole prosecution of the action, or as of right dismissing the action without prejudice. Such notice shall be given at least 30 days prior to the commencement of any such action, unless more immediate action is necessary to prevent irreparable environmental damage or other serious public harm, in which case such notice shall be given as soon as practicable, but in no event later than the date of commencement of the action. This paragraph shall not be construed to affect, in any manner, existing authority of municipalities to act based upon the provisions of other statutes or local ordinances.