Section 146-C:9 – Rulemaking.
146-C:9 Rulemaking. – The commissioner shall adopt rules, under RSA 541-A, relative to: I. Procedures, forms, and information required for registration of underground storage facilities, as authorized by RSA 146-C:3. II. Procedures, forms, and criteria for issuing and renewing permits, as authorized by RSA 146-C:4. Criteria for permits shall include, but not be limited […]
Section 146-C:9-a – Orders; Injunctions.
146-C:9-a Orders; Injunctions. – I. The department is authorized to issue an administrative order directing any owner or operator or any other person who is strictly liable to cease any activity violating this chapter, to take action necessary to comply with this chapter, and to institute corrective and remedial measures, which shall include the […]
Section 146-C:10 – Penalty.
146-C:10 Penalty. – I. Any person who owns or operates an underground storage facility without a permit as required by this chapter, who fails to comply with a condition of that permit or of an order issued under RSA 146-C:9-a, or who violates any provision of this chapter or the rules adopted under this […]
Section 146-C:10-a – Administrative Fines.
146-C:10-a Administrative Fines. – The commissioner of the department of environmental services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter including any rule adopted under the provisions of this chapter. Rehearings and […]
Section 146-C:11 – Liability for Cleanup Costs; Municipal Regulations.
146-C:11 Liability for Cleanup Costs; Municipal Regulations. – I. Any person who, without regard to fault, directly or indirectly causes or suffers the discharge or disposal of oil or a hazardous substance into or onto any surface water or groundwater of this state, or in a land area where it has seeped or may […]
Section 146-C:11-a – Limited Liability for Holders.
146-C:11-a Limited Liability for Holders. – I. A holder who has not assumed ownership of a facility or facility site by the act of taking title by foreclosure or by other similar means and who has not assumed responsibility for the care, custody or control of a facility or facility site shall not be […]
Section 146-C:11-b – Limited Liability for Fiduciaries.
146-C:11-b Limited Liability for Fiduciaries. – I. A fiduciary shall not be considered an owner or operator under this chapter in its individual capacity and shall not be liable in its individual capacity under RSA 146-C:11. II. Nothing in this section shall preclude claims under RSA 146-C:11 against: (a) A fiduciary in its representative […]
Section 146-C:11-c – Duty to Report.
146-C:11-c Duty to Report. – Nothing in RSA 146-C:11-a or 146-C:11-b shall be construed to relieve a holder or fiduciary from any legal duty requiring a report, notification or disclosure of a discharge or disposal of oil or hazardous substance otherwise established under New Hampshire law. Source. 1993, 323:9, eff. Aug. 22, 1993.
Section 146-C:3 – Registration of Underground Storage Facilities.
146-C:3 Registration of Underground Storage Facilities. – I. The owner of each existing underground storage facility shall register the facility with the department on forms provided by the department and shall provide the following information: (a) Facility name, location, and mailing address. (b) Owner’s name, mailing address, and telephone number. (c) Contact person for […]
Section 146-C:4 – Underground Storage Facility Permit Required.
146-C:4 Underground Storage Facility Permit Required. – I. No person shall own or operate an underground storage facility in this state without a permit issued by the department. The permit to operate may be revoked in accordance with RSA 541-A:30 for just cause, including, but not limited to, the operation or ownership of an […]