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) “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;
   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) “Major potential for harm” means a substantial likelihood of causing harm to human health or the environment;
   5. (5) “Moderate potential for harm” means a moderate likelihood of causing harm to human health or the environment; and
   6. (6) “Minor potential for harm” means a small 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 RSA 485-A:29-44, and any rule adopted pursuant to RSA 485-A:29-44, or any permit or certification issued under the authority of RSA 485-A:29-44, the proposed fine for each violation that does not meet the criteria in Env-Wq 1026.02 shall be calculated pursuant to Table 1026-1, below, based on the extent of deviation from the requirement and the potential for harm.

   Table 1026-1: 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. #14486, eff 2-1-26, EXPIRES: 2-1-36