New Hampshire Revised Statutes 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:
(a) The prohibition of transportation, sale, distribution or supplying of water;
For details, see N.H. Rev. Stat. 651:2
(b) The repair, installation or operation of purification equipment or methods;
(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
(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.
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.
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.
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.
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:
(a) A schedule of administrative fines which may be imposed under this paragraph for violations of this chapter as provided above.
(b) Procedures for notice and hearing prior to the imposition of an administrative fine.
VI. Any act or failure to act in violation of N.H. Rev. Stat. § 485:8, II; 31; 42; 43; 46; or 48; or any rule adopted under N.H. Rev. Stat. § 485:2; 3; 4; 40; 41; 44; or 47 may be enjoined.
VII. 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 $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.
(a) The prohibition of transportation, sale, distribution or supplying of water;
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | up to 7 years | up to $4,000 |
Terms Used In New Hampshire Revised Statutes 485:58
- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- Commissioner: means the commissioner of the department of environmental services. See New Hampshire Revised Statutes 485:1-a
- Department: means the department of environmental services. See New Hampshire Revised Statutes 485:1-a
- Person: means any individual, partnership, company, public or private corporation, political subdivision or agency of the state, department, agency or instrumentality of the United States, or any other legal entity. See New Hampshire Revised Statutes 485:1-a
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Public water system: means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. See New Hampshire Revised Statutes 485:1-a
- 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
(b) The repair, installation or operation of purification equipment or methods;
(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
(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.
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.
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.
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.
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:
(a) A schedule of administrative fines which may be imposed under this paragraph for violations of this chapter as provided above.
(b) Procedures for notice and hearing prior to the imposition of an administrative fine.
VI. Any act or failure to act in violation of N.H. Rev. Stat. § 485:8, II; 31; 42; 43; 46; or 48; or any rule adopted under N.H. Rev. Stat. § 485:2; 3; 4; 40; 41; 44; or 47 may be enjoined.
VII. 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 $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.