Section Env-Hw 904.20 - Fines Relating to Violations With No Scheduled Fine(a) For the purposes of this section, the following definitions shall apply: (1) "Major deviation from requirement" means the violator deviated from a requirement of a statute or rule to such an extent that there is substantial non-compliance;(2) "Major potential for harm" means a substantial likelihood of causing harm to human health or the environment;(3) "Minor deviation from requirement" means the violator deviated partially from a requirement of a statute or rule such that most of the requirement was met;(4) "Minor potential for harm" means a small likelihood of causing harm to human health or the environment;(5) "Moderate deviation from requirement" means the violator significantly deviated from a requirement of a statute or rule but some requirements were implemented as intended, such that approximately half the requirements were met; and(6) "Moderate potential for harm" means a moderate likelihood of causing harm to human health or the environment.(b) For violating the requirements of, or refusing to comply with, any of the provisions of Env-Hw 100 et seq. or RSA 147-A not identified in Env-Hw 904.01 through Env-Hw 904.19, the proposed fine for each violation shall be calculated pursuant to Table 9.1 below, based on the potential for harm and the extent of deviation from the requirement.(c) Env-C 200 shall apply to all administrative fine hearings and adjudication of the total proposed fine shall be in accordance with Env-C 204.24. Table 9.1: Matrix for Calculated Fines - Maximum Fine $2,000
| Minor Deviation from Requirement | Moderate Deviation from Requirement | Major Deviation from Requirement |
Minor Potential for Harm | range: $100 to $500 default: $250 | range: $500 to $1,000 default: $750 | range: $1,000 to $1,500 default: $1,250 |
Moderate Potential for Harm | range: $500 to $1,000 default: $750 | range: $1,000 to $1,500 default: $1,250 | range: $1,500 to $2,000 default: $1,750 |
Major Potential for Harm | range: $1,000 to $1,500 default: $1,250 | range: $1,500 to $2,000 default: $1,750 | $2,000 |
N.H. Code Admin. R. Env-Hw 904.20
Derived from Number 45, Filed November 9, 2023, Proposed by #13784, Effective 10/21/2023, Expires 10/21/2033 (see Revision Note #2 at chapter heading for Env-Hw 900).