Section 146-A:3-e – Duty to Report.
146-A:3-e Duty to Report. – Nothing in RSA 146-A:3-c or 146-A:3-d shall be construed to relieve a holder or fiduciary from any legal duty requiring a report, notification or disclosure of an oil discharge otherwise established under New Hampshire law. Source. 1993, 323:4, eff. Aug. 22, 1993.
Section 146-A:3-f – Spill Response Plan.
146-A:3-f Spill Response Plan. – I. Oil pipeline facility owners shall submit a spill response plan to the department that provides spill protection equivalent to or greater than a facility response plan under 49 C.F.R. section 194.101. A person who has contracted with an oil pipeline facility to provide containment and cleanup services may […]
Section 146-A:4 – Notification; Removal.
146-A:4 Notification; Removal. – I. Whenever an oil discharge or spillage occurs which may pollute or which has polluted the surface water or groundwater of this state, the department of environmental services shall be notified immediately and shall assume primary jurisdiction of the cleanup operation. In the interim period before the department of environmental […]
Section 146-A:5 – Duty to Report.
146-A:5 Duty to Report. – I. Whoever is responsible for the operation of any oil facility, carrier, or vessel that discharges oil in violation of this chapter shall immediately notify the department of environmental services or its designee. Any person who fails to give such notice shall be guilty of a misdemeanor if a […]
Section 146-A:6 – State and Local Officials.
146-A:6 State and Local Officials. – All law enforcement officers and fire officials on the advice of the department or the department’s authorized agent may assist in any oil spillage cleanup operation and may receive its support and guidance when engaged in such assistance. Source. 1971, 266:1. 1986, 202:6, I(a). 1996, 228:109, eff. July […]
Section 146-A:7 – Private Participation.
146-A:7 Private Participation. – I. Notwithstanding any other provision of law or rule to the contrary, no oil spill cleanup organization or other person acting to contain, remove, clean up, restore or take other remedial or corrective action or measures with regard to the spillage or discharge of oil, or threatened spillage or discharge […]
Section 146-A:3-a – Strict Liability for Containment, Cleanup and Removal Costs.
146-A:3-a Strict Liability for Containment, Cleanup and Removal Costs. – I. Any person who, without regard to fault, directly or indirectly causes or suffers the discharge of oil into or onto any surface water or groundwater of this state, or in a land area where oil will ultimately seep into any surface water or […]
Section 146-A:3-b – Repealed by 1986, 182:4, II, eff. May 28, 1986.
146-A:3-b Repealed by 1986, 182:4, II, eff. May 28, 1986. –
Section 146:17 – Prosecutions.
146:17 Prosecutions. – It shall be the duty of the commissioner of the department of health and human services through his authorized agent whenever he has satisfactory evidence of the violation of this chapter, to prosecute the same, or to make complaint to a prosecuting officer; provided, that where the violation was not wilful […]
Section 146:18 – Penalty.
146:18 Penalty. – Whoever violates any provision of RSA 146, for a first offense, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person; upon a second or subsequent conviction shall be guilty of a misdemeanor if a natural person, or guilty of a felony […]