WATER MANAGEMENT AND PROTECTION
SHORELAND WATER QUALITY PROTECTION ACT
I. The following shall constitute a violation of this chapter:
(a) Failure to comply with the provisions of this chapter.
(b) Failure to obey an order of the commissioner or a municipality issued relative to activities regulated or prohibited by this chapter.
(c) Misrepresentation by any person of a material fact made in connection with any activity regulated or prohibited by this chapter.
II. Any person who violates this chapter and any person who purchases land affected by a violation of this chapter who knew or had reason to know of the violation shall be liable for remediation or restoration of the land affected to bring it into compliance with the provisions of this chapter.
III. Persons violating the provisions of this chapter and damaging the public waterway who, after notification by the department, fail to make a good faith effort at remediation and restoration shall be subject to the following:
(a) Upon petition of the attorney general or of the municipality in which the violation occurred, the superior court may levy upon any person violating this chapter a civil penalty in an amount not to exceed $5,000 for each continuing violation. The superior court shall have jurisdiction to restrain a continuing violation of this chapter, and to require remediation.
(b) The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine of up to $5,000 for each offense upon any person who violates this chapter. Rehearings and appeals relating to such fines shall be governed by RSA 541. Imposition of an administrative fine under this section shall not preclude the imposition of further civil penalties under this chapter.
(c) Notwithstanding the $5,000 fine limit in subparagraph (b), the administrative fine for each repeat violation of this chapter may be multiplied by a factor of 2 for every previous violation committed by the person or entity.
Source. 1991, 303:1. 1994, 383:19. 2002, 169:2. 2011, 224:406, eff. June 29, 2011. 2013, 153:8, eff. Aug. 27, 2013.