125-J:8 Enforcement

Last revised 1994 § Leave a Comment

I. Whenever the commissioner finds that a person who has been issued an ERC has violated the provisions of this chapter, any rules in force hereunder, or any condition of an emissions reduction credits certificate issued hereunder, including such conditions incorporated into permits issued by the department or EPA, the commissioner shall issue a notice of violation and an order of abatement establishing a compliance schedule with which the device, area source, mobile source, and source shall comply. Such 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 or abatement or any part thereof. The council’s decision shall become final 10 days after it is issued.

I-a. The commissioner of the department of environmental services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter, any rule adopted pursuant to this chapter, or any permit, compliance schedule, stop use order, or order of abatement issued pursuant to this chapter; or upon any person who makes or certifies a material false statement relative to any document or information which is required to be submitted to the department pursuant to this chapter or any rule adopted pursuant to this chapter. 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 paragraph shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines imposed pursuant to this paragraph shall be deposited in the general fund.

  • (a) Notice and hearing prior to the imposition of an administrative fine shall be in accordance with RSA 541-A and procedural rules adopted by the commissioner pursuant to RSA 541-A:16.
  • (b) The commissioner shall determine fines in accordance with RSA 125-C:15, I-b(b).
  • (c) The commissioner may assess an additional fine for repeat violations.

II. Any violation of this chapter, any rule adopted or final orders issued under this chapter, and any emissions reduction credits certificates issued under this chapter shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application by the attorney general.

Revisions

1994, 397:2. 1996, 228:104, 106; 247:14, eff. Jan. 1, 1997.

Area of Law

Source

http://www.gencourt.state.nh.us/rsa/html/X/125-J/125-J-8.htm

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