The Planning Board or its duly authorized agent may suspend or revoke the permit of any person who has violated any provision of his/her permit or this regulation or made a material misstatement in the application upon which his permit was granted. Such suspension or revocation shall be subject to a motion for rehearing thereon and appeal in accordance with Section 15.0. Failure to file for a permit as required by this regulation shall be considered a violation subject to the enforcement provisions of this regulation.
Fines, penalties and remedies for violations of this regulation shall be the same as for violations as stated in RSA 676:15, RSA 676:17, RSA 676:17-a, and 676:17-b.
To ascertain if there is compliance with this regulation, a permit issued hereunder or an order issued hereunder, the Planning Board or its duly authorized agent(s) may enter upon any land on which there is reason to believe an excavation is being conducted or has been conducted since the effective date of this regulation.
In accordance with RSA 155-E:10 II, the regulator or a person directly affected by such violation may seek an order from the superior court requiring the violator to cease and desist from violating any provision of a permit or this chapter and to take such action as may be necessary to comply with the permit and this chapter. If the superior court issues such an order, the superior court in its discretion may award all costs and attorney’s fees incurred in seeking such an order to the regulator or person directly affected by such violation.
