482-B:16 Enforcement and Penalties. –
I. The department may issue an administrative order to any person who violates any provision of this chapter, any rule adopted under this chapter, or any license or approval issued under this chapter, or who makes or certifies a material false statement relative to any document required by this chapter. The department may order the person to cease and desist from the violation and may require such corrective measures as are necessary to correct the violation. Upon receipt of an order, the person affected may, within 30 days, appeal the order to the board. Following an appeal hearing, the board may uphold or overturn the order. Rehearings and appeals from a decision of the board shall be in accordance with RSA 541.
II. The commissioner, 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 under this chapter, or any license or approval issued under this chapter, or who makes or certifies a material false statement relative to any document required by this chapter. The person may appeal the decision to the board within 30 days of the date of the decision. Following an appeal hearing, the board may uphold or overturn the decision or impose a lesser or greater fine. Rehearings and appeals from a decision of the board 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 commissioner shall adopt rules subject to the approval of the water well board, under RSA 541-A, relative to:
(a) A schedule of administrative fines which may be imposed under this paragraph; and
(b) Procedures for notice and hearing prior to the imposition of an administrative fine.
III. Any person who engages in water well construction or pump installation or offers to engage in water well construction or pump installation or advertises or holds oneself out or acts temporarily or otherwise as a water well contractor or pump installer without first having obtained the required license under RSA 482-B:5 and any person who violates any other provision of this chapter or any rule adopted under this chapter, or who makes or certifies a material false statement relative to any document required by this chapter may be subject to a civil penalty of not more than $2,000 for each violation. Such a violation may also be enjoined by the superior court upon application of the attorney general.
IV. Any person shall be guilty of a misdemeanor who knowingly:
(a) Engages in water well construction or pump installation or offers to engage in water well construction or pump installation or advertises or holds oneself out or acts temporarily or otherwise as a water well contractor or pump installer without first having obtained the required license under RSA 482-B:5; or
(b) Violates any other provision of this chapter, any rule adopted under this chapter, or any license or approval issued under this chapter; or
(c) Makes or certifies a material false statement relative to any document required by this chapter.
V. Notwithstanding RSA 651:2, a natural person may, in addition to any sentence of imprisonment, probation, or conditional discharge, be fined not more than $5,000 if found guilty of any violation under RSA 482-B:16, IV.
VI. All moneys collected under this section shall be forwarded to the state treasurer and deposited into the general fund as unrestricted revenue.
VII. Each day of a continuing violation under this chapter shall constitute a separate offense.
Source. 1989, 339:1. 1998, 89:17, eff. July 18, 1998.