Section Env-C 601.10 - Reduction in Fine Imposed Following HearingThe amount of fine imposed for a specific violation shall be reduced by 10% for each of the following that apply to that specific violation:
(a) In the case of a non-continuing or one-time offense, where all of the following are true: (1) The respondent proves, by a preponderance of the evidence, his/her ignorance, as of the time of the violation, of the statute(s), rule(s), or permit(s) which were violated;(2) The violation has not continued or recurred as of the time of the hearing;(3) Any environmental threat or harm caused by the offense has been alleviated; and(4) The respondent did not derive any direct or indirect economic benefit from the offense;(b) The respondent proves, by a preponderance of the evidence, that s/he made a good faith effort to comply with the statute(s), rule(s), or permit(s) involved and that the violation occurred despite those efforts;(c) The respondent proves, by a preponderance of the evidence, that s/he has no history of non-compliance with the statute(s), rule(s), or permit(s) of the department; or(d) The respondent proves, by a preponderance of the evidence, information favorable to his/her case which was not known to the division at the time the fine was proposed.N.H. Code Admin. R. Env-C 601.10
#5861, eff 7-1-94; ss by #6899, eff 12-3-98; ss by #7297, eff 5-25-00; ss by #8748, eff 10-28-06 (from Env-C 601.09 )
The amended version of this section by New Hampshire Register Volume 34, Number 50, eff.12/29/2014 is not yet available.