Section Env-C 605.05 - Increase in Fine Imposed Following Hearing(a) Subject to (b), below, the amount of fine imposed for a specific violation shall be increased by 10% for each of the following that apply to that specific violation: (1) The division proves, by a preponderance of the evidence, that the respondent was aware of the requirements applicable to the activity(ies) that formed the basis for the division's allegations as of the time of the violation;(2) The division proves, by a preponderance of the evidence, that the violation caused environmental harm;(3) The division proves, by a preponderance of the evidence, that the respondent derived some direct or indirect economic benefit from the offense;(4) The division proves, by a preponderance of the evidence, that the respondent did not act in good faith to remedy the violation(s) for which the fine is sought;(5) The division proves, by a preponderance of the evidence, that the respondent has a history of non-compliance with the statute(s), rule(s), or permit(s) of the department; or(6) The division proves, by a preponderance of the evidence, other factors, not specifically identified above, that cause the violation to be more serious, for instance because a large area of land was impacted by the violation or an ecosystem was destroyed by the violation.(b) The fine(s) shall not be increased beyond the maximum fine stated in the statute under which the division is seeking the fine(s).N.H. Code Admin. R. Env-C 605.05
#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.