Proposed amendment to HB1797

Rep. McConnell, Ches. 12 January 19, 2018

Amendment to HB 1797-FN-A
Amend the bill by replacing all after the enacting clause with the following:
1 New Paragraph; Air Toxic Control Program; Penalties. Amend RSA 125-I:8 by inserting after paragraph IV the following new paragraph:
V. Whenever the commissioner finds a person has violated the provisions of this chapter, any rules in force hereunder, or any condition in a permit issued under this chapter, and if the cost to remediate the violation is $1,000,000 or more, such person shall also be responsible for remitting a penalty in the amount of 50 percent of the cost to remediate the violation to be deposited in the state general fund.
2 New Paragraph; Air Pollution Control; Penalties. Amend RSA 125-C:15 by inserting after paragraph IV the following new paragraph:
V. Whenever the commissioner finds a person has violated the provisions of this chapter, any rules in force hereunder, or any condition in a permit issued under this chapter, and if the cost to remediate the violation is $1,000,000 or more, such person shall also be responsible for remitting a penalty in the amount of 50 percent of the cost to remediate the violation to be deposited in the state general fund.
3 New Paragraph; Hazardous Waste Management; Penalties. Amend RSA 147-A:16-a by inserting after paragraph III the following new paragraph:
IV. Whenever a person is found guilty of a violation of this chapter, and if the cost to remediate the violation is $1,000,000 or more, such person shall also be responsible for remitting a penalty in the amount of 50 percent of the cost to remediate the violation to be deposited in the state general fund.
4 New Paragraph; Solid Waste Management; Penalties. Amend RSA 149-M:15 by inserting after paragraph VIII the following new paragraph:
IX. Whenever the commissioner finds a person has violated the provisions of this chapter, any rules in force hereunder, or any condition in a permit issued under this chapter, and if the cost to remediate the violation is $1,000,000 or more, such person shall also be responsible for remitting a penalty in the amount of 50 percent of the cost to remediate the violation to be deposited in the state general fund.
5 New Paragraph; Solid Waste Management; Toxics Reduction. Amend RSA 149-M:38 by inserting after paragraph VI the following new paragraph:
VII. Whenever the commissioner finds a person has violated the provisions of this chapter, any rules in force hereunder, or any condition in a permit issued under this chapter, and if the cost to remediate the violation is $1,000,000 or more, such person shall also be responsible for remitting a penalty in the amount of 50 percent of the cost to remediate the violation to be deposited in the state general fund.
6 New Paragraph; Water Pollution and Waste Disposal; Enforcement. Amend RSA 485-A:15 by inserting after paragraph V the following new paragraph:
VI. Whenever the commissioner finds a person has violated the provisions of this chapter, any rules in force hereunder, or any condition in a permit issued under this chapter, and if the cost to remediate the violation is $1,000,000 or more, such person shall also be responsible for remitting a penalty in the amount of 50 percent of the cost to remediate the violation to be deposited in the state general fund.
7 New Paragraph; Sewage Disposal Systems; Penalties. Amend RSA 485-A:43 by inserting after paragraph V the following new paragraph:
VI. Whenever the commissioner finds a person has violated the provisions of this chapter, any rules in force hereunder, or any condition in a permit issued under this chapter, and if the cost to remediate the violation is $1,000,000 or more, such person shall also be responsible for remitting a penalty in the amount of 50 percent of the cost to remediate the violation to be deposited in the state general fund.
8 New Paragraph; Soil Pollution; Penalties. Amend RSA 12-E:12 by inserting after paragraph III the following new paragraph:
IV. Whenever the commissioner finds a person has violated the provisions of this chapter, any rules in force hereunder, or any condition in a permit issued under this chapter, and if the cost to remediate the violation is $1,000,000 or more, such person shall also be responsible for remitting a penalty in the amount of 50 percent of the cost to remediate the violation to be deposited in the state general fund.
9 Effective Date. This act shall take effect January 1, 2019.
​AMENDED ANALYSIS
This bill adds a 50 percent charge to all amounts of $1,000,000 or more assessed to persons liable for costs of containment, cleanup, and remediation of water, air and soil pollution.