Section Env-C 605.04 - Reduction in Fine Imposed Following Hearing The 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, that as of the time of the violation, the respondent did not know and did not have reason to know about the statute(s), rule(s), or permit(s) that were violated;(2) The violation has not continued or recurred as of the time of the hearing;(3) No environmental harm occurred, and any environmental threat caused by the violation has been alleviated; and(4) The respondent did not derive any direct or indirect economic benefit from the violation;(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 605.04
#5861, eff 7-1-94, ss by #6303, eff 7-26-96; 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.