Section 147-F:4 – Eligibility for Program.
147-F:4 Eligibility for Program. – I. A person is eligible to participate in the program if the person qualifies under one of the following categories: (a) The person is not liable under RSA 147-B for any release or threatened release of a contaminant or contaminants at the property and is either: (1) A prospective […]
Section 147-F:5 – Available Relief.
147-F:5 Available Relief. – I. Any person who meets the eligibility conditions of RSA 147-F:4 may request the assistance of the department in overseeing the investigation and remediation of an eligible property. An eligible person shall be entitled to the liability protections provided in RSA 147-F:7 and shall receive a covenant not to sue […]
Section 147-F:6 – Covenant Not to Sue.
147-F:6 Covenant Not to Sue. – I. The covenant not to sue shall protect against liability for contamination addressed by an approved remedial action plan, including any modifications made pursuant to RSA 147-F:13, II. II. The covenant shall be in a form approved by the department of justice and shall contain a general description […]
Section 147-F:7 – Liability Protection Before Covenant Issues.
147-F:7 Liability Protection Before Covenant Issues. – I. Site investigation and pre-remedial activities conducted at the property during participation in the program shall not trigger liability for remediation of preexisting contamination at the property solely because of the eligible person’s status as owner or operator of the property under the strict liability provisions of […]
Section 147-F:8 – Withdrawal From the Program.
147-F:8 Withdrawal From the Program. – I. A program participant may withdraw from the program at any stage before or after approval of the remedial action plan. To withdraw from the program, the program participant must: (a) File a notice of intent to withdraw with the department. (b) Stabilize the site in accordance with […]
Section 147-D:5 – Proof of Insurance.
147-D:5 Proof of Insurance. – When locating in a town, the owner of the facility shall show to the local governing body proof of insurance, including, but not limited to, environmental impairment insurance and liability insurance. Source. 1981, 521:2, eff. Aug. 28, 1981.
Section 147-D:6 – Penalty.
147-D:6 Penalty. – Any person shall be guilty of a misdemeanor who: I. Does not pay a fee imposed under this chapter; or II. Knowingly gives or causes to be given any false information in connection with any report required to be submitted to a town under this chapter. Source. 1981, 521:2, eff. Aug. […]
Section 147-F:1 – Findings and Purpose.
147-F:1 Findings and Purpose. – I. The general court finds that it is in the public interest to encourage the redevelopment of industrial, commercial, residential and other properties that have been subject to environmental contamination. The strict liability imposed on owners and operators of contaminated property under existing environmental statutes has had the unintended […]
Section 147-C:2 – Notification; Review Committee.
147-C:2 Notification; Review Committee. – I. When the department receives an application for a new hazardous waste facility, the department shall immediately notify the governing body of the municipality in which the facility is proposed to be located. This requirement shall apply to permit applications for treatment, storage, and disposal facilities. A copy of […]
Section 147-C:3 – Committee Membership.
147-C:3 Committee Membership. – There shall be at least 5, but no more than 9, persons appointed to serve on the committee. At least one member shall be a chemical engineer if such a person is available for appointment. The governing body shall: I. Appoint to the committee one or more members of: (a) […]