Section Env-C 602.02 - Chapter-Specific Definitions(a) "Administrative fine case (AF case)" means a contested case proceeding initiated by a division to request the commissioner to impose an administrative fine against the respondent. Unless specifically stated to the contrary, the term includes field citation cases.(b) "Calculated fine" means the dollar amount of an administrative penalty determined in accordance with Env-C 610 or RSA 125-C:15, I-b(b), as applicable to a particular violation.(c) "Commissioner" means the commissioner of the department.(d) "Department" means the department of environmental services.(e) "Division" means the air resources division, the waste management division, or the division of water, as applicable based on the context.(f) "Field citation" means an alternative form of written notice of a proposed fine, as specified in Env-C 604.(g) "Field citation case" means an AF case initiated under Env-C 604.(h) "Field citation fine" means the administrative fine sought using a field citation.(i) "Inspector" means an individual employee of the department who inspects a site or facility and who has been authorized to issue a field citation.(j) "Notice of proposed fine (NPF)" means the written notice prepared by a division to initiate an AF case. Unless specifically stated to the contrary, the term includes a field citation.(k) "Person" means, for each administrative fine imposed, "person" as defined by the statute that authorizes the imposition of the administrative fine.(l) "Presiding officer" means the individual designated by the commissioner under Env-C 204.02 to be the presiding officer for an AF case.(m) "Repeat violation" means: (1) A subsequent violation at the same site or facility of a statute or rule for which a notice of violation (NOV), a letter of deficiency (LOD), or an administrative order (AO) has previously been issued by the department; or(2) A subsequent violation by the same respondent of a statute or rule for which an NOV, LOD, or AO has previously been issued by the department.(n) Respondent" means the person against whom a fine is sought to be imposed.(o) "Scheduled fine" means the dollar amount of the administrative monetary penalty established for a particular violation, as specified in Env-C 608 for field citation cases and in Env-C 611 or Env-C 615 et seq. for all other administrative fines except those that are subject to the fine matrix established in RSA 125-C:15, I-b(b).N.H. Code Admin. R. Env-C 602.02
#4655, eff 7-27-89; ss by #4732, eff 1-22-90; ss by #5265, eff 10-31-91; ss by #5861, eff 7-1-94; ss by #7204, eff 2-24-00
Amended byVolume XXXV Number 18, Filed May 7, 2015 , Proposed by #10752, Effective 12/29/2014, Expires12/29/2024.