1. (a) For the purposes of this section, the following definitions shall apply:

   1. (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. (2) “Major potential for harm” means a substantial likelihood of causing harm to human health or the environment;
   3. (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. (4) “Minor potential for harm” means a small likelihood of causing harm to human health or the environment;
   5. (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. (6) “Moderate potential for harm” means a moderate likelihood of causing harm to human health or the environment.

2. (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 otherwise identified in this part, 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.

   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

Source. #13784, eff 10-21-23; ss by #14283, eff 8-1-25, (formerly Env-Hw 904.20); ss by #14527, eff 2-28-26, EXPIRES: 2-28-36