RSA 12-E Mining and Reclamation
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Change 1
12-E:12 Penalties and Other Relief.
I. Any person who violates any provisions of this chapter or any rule or cease and desist order of the commissioner issued pursuant to this chapter, or any condition or limitation in a permit or amendment issued under this chapter or who shall fail, neglect, or refuse to obey any order lawfully issued pursuant to this chapter shall be subject to a civil penalty not to exceed $20,000 for each day the violation continues. II. The commissioner may issue a written cease and desist order against any act found in violation of this chapter or lawful regulation made under it or any condition of any permit lawfully issued by the commissioner, and any such act may be enjoined by the superior court upon application of the attorney general. III. The written cease and desist order issued pursuant to the provisions of RSA 12-E:12, II shall be recorded by the commissioner in the registry of deeds for the county in which the site is situated and, upon recordation, said order shall run with the land; provided, however, that an appropriate description of the land involved including the accurate name of the owner thereof shall be incorporated in the cease and desist order. No fee shall be charged for recording such an administrative order; however, the fee for discharge of any such order shall be the same as for the discharge of a real estate property mortgage. Source. 1979, 467:1. 2010, 331:11, eff. Sept. 18, 2010.
12-E:12 Penalties and Other Relief.
I. Any person who violates any provisions of this chapter or any rule or cease and desist order of the commissioner issued pursuant to this chapter, or any condition or limitation in a permit or amendment issued under this chapter or who shall fail, neglect, or refuse to obey any order lawfully issued pursuant to this chapter shall be subject to a civil penalty not to exceed $20,000 for each day the violation continues. II. The commissioner may issue a written cease and desist order against any act found in violation of this chapter or lawful regulation made under it or any condition of any permit lawfully issued by the commissioner, and any such act may be enjoined by the superior court upon application of the attorney general. III. The written cease and desist order issued pursuant to the provisions of RSA 12-E:12, II shall be recorded by the commissioner in the registry of deeds for the county in which the site is situated and, upon recordation, said order shall run with the land; provided, however, that an appropriate description of the land involved including the accurate name of the owner thereof shall be incorporated in the cease and desist order. No fee shall be charged for recording such an administrative order; however, the fee for discharge of any such order shall be the same as for the discharge of a real estate property mortgage. Source. 1979, 467:1. 2010, 331:11, eff. Sept. 18, 2010.
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