Part 5 — .1
57.1 Administrative Penalties Administrative penalties
in accordance with this section and the regulations if the
Administrator is of the opinion that a person has failed to comply
with or contravened
(a) section 5, 6, 7, 8, 9, 10(1), 11, 35, 39(2) or (3), 40, 41, 43,
44(4), 45(1), 59 or 67(1), (2) or (3),
(b) an order made under this Act, or
(c) a condition in a permit, certificate or variance issued under
this Act.
(2) An administrative penalty may be
(a) a single amount, or
(b) an amount for each day or part of a day on which the
contravention or failure to comply continues.
(3) The total amount of an administrative penalty must not exceed
(a) in the case of a penalty referred to in subsection (2)(b), the
maximum daily amount of $10 000, and
(b) the maximum cumulative amount of $100 000.
(4) A notice of administrative penalty must be in writing and
contain the following information:
(a) the name of the person required to pay the administrative
penalty;
(b) the particulars of the contravention or failure to comply;
(c) the amount of the administrative penalty and whether it is
imposed as a single amount or as an amount applicable to
each day that the contravention or failure to comply has
continued or will continue;
(d) the date on which the notice is issued;
RSA 2000
(e) the date by which the administrative penalty must be paid;
(f) a statement that the person otherwise liable to pay the
administrative penalty may, under section 57.3, appeal the
imposition of or the amount of the administrative penalty, or
both;
(g) any other information required by the regulations.
(5) A notice of administrative penalty may be served within 3
years from the date on which the contravention or failure to comply
is alleged to have occurred, but not afterward.
(6) A notice of administrative penalty must be served on the
person alleged to have contravened or failed to comply.
(7) Except as otherwise provided in this Part, a person who has
been served with a notice of administrative penalty shall pay the
amount of the penalty on or before the date specified in the notice
of administrative penalty, which must be at least 30 days after the
day on which the notice of administrative penalty is served.
(8) A person who pays an administrative penalty in respect of a
contravention or failure to comply shall not be charged with an
offence under this Act in respect of the contravention or failure to
comply described in the notice of administrative penalty.
2015 c10 s31;2020 c25 s16