New Hampshire § 482-89 - Section 482:89 Penalties.

§ 482-89. Section 482:89 Penalties.

I. The following shall constitute a violation of this chapter, with each day of noncompliance constituting a separate violation: (a) Failure to comply with any provision of this chapter, any rule adopted to implement this chapter, or any permit issued pursuant to this chapter; (b) Failure to comply with a written order or directive issued by the department under this chapter; (c) Failure to answer a subpoena issued under this chapter or to allow the department to examine books, records, documents, correspondence, and accounts relative to dams or to testify before the department as required by this chapter; (d) Misrepresentation by any person of a material fact made in connection with any activity regulated or prohibited by this chapter; and (e) Failure to comply with an emergency directive of the department under RSA 482:4. II. Any person who violates this chapter as specified in paragraph I, and any person who purchases property affected by a violation of this chapter who knew or had reason to know of the violation prior to or at the time of purchase, shall be liable for remediation or restoration of the property affected. III. Any person who knowingly violates this chapter as specified in paragraph I shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person, and, notwithstanding RSA 651:2, may, in addition to any sentence of imprisonment, probation, or conditional discharge, be fined not more than $20,000 for each violation if found guilty pursuant to this section. Each day of violation shall constitute a separate offense. IV. Upon petition of the attorney general, the superior court may levy upon any person violating this chapter, as specified in paragraph I, a civil penalty in an amount not to exceed $20,000 for each day of each continuing violation. Upon petition of the attorney general, the superior court or any justice of such court may enjoin any act in violation of this chapter as specified in paragraph I. V. The commissioner, after notice and hearing pursuant to RSA 541-A, may impose upon any person who violates any provision of this chapter, as specified in paragraph I, an administrative fine not to exceed $2,000 for each violation in addition to other remedies and penalties provided under this chapter. The department shall commence a proceeding under this paragraph against any person who does not respond within 45 days of receipt of a written order, directive, or any notice of needed maintenance, repair, or reconstruction issued by the department. Rehearings and appeals under this paragraph shall be in accordance with RSA 541. 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 violation of this chapter as specified in paragraph I; and (b) Procedures for notice and hearing prior to the imposition of an administrative fine. VI. [Repealed.] VII. The provisions of RSA 482:89 shall not apply to actions that are subject to the Federal Power Act (16 U.S.C. sections 791a-825r). VIII. In determining penalties, the department shall and the superior court may take into consideration all relevant circumstances, including the degree of noncompliance, the extent of harm caused by the violation, the nature and persistence of the violation, the time and cost associated with the investigation by the state, and the economic impact of the penalty on the liable person.