Section 146-A:16 – Orders; Injunctions.
146-A:16 Orders; Injunctions. – I. The department is authorized to issue an administrative order directing any person to cease activity violating this chapter or any rule adopted under the provisions of this chapter, to take action necessary to comply with this chapter or any rule adopted under the provisions of this chapter, or to […]
Section 146-A:17 – Willful Failure to Comply.
146-A:17 Willful Failure to Comply. – Any person who is determined to be strictly liable for discharge or spillage of oil and who willfully fails to comply with a department order requiring investigation, containment, cleanup, removal, remedial measures, or corrective measures, shall be liable to the state in double the amount of cost recoverable […]
Section 146-A:18 – Severability.
146-A:18 Severability. – If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are […]
Section 146-A:19 – Elimination of Gasoline Ethers and Tertiary Butyl Alcohol from Gasoline Supplies.
146-A:19 Elimination of Gasoline Ethers and Tertiary Butyl Alcohol from Gasoline Supplies. – I. No person, as defined in RSA 146-A:2, VI, shall sell, deliver for sale, import, or cause to be imported into the state for sale any neat gasoline ethers or gasoline containing MtBE, other gasoline ethers, or tertiary butyl alcohol (TBA) […]
Section 146-A:15 – Administrative Fines.
146-A:15 Administrative Fines. – I. 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 $4,000 for each offense upon any person who violates any provision of this chapter including any rule adopted under the provisions of this chapter or […]
Section 146-A:8 – Repealed by 1991, 92:45, I, eff. May 13, 1991.
146-A:8 Repealed by 1991, 92:45, I, eff. May 13, 1991. –
Section 146-A:9 – Recovery by State.
146-A:9 Recovery by State. – The attorney general shall institute such legal or equitable action as he deems necessary to recover or obtain judgment for the costs of containment, cleanup, removal, corrective measures or civil penalties. This action may be brought in conjunction with an action for injunctive relief or in a separate action […]
Section 146-A:10 – Tort Liability to Third Persons.
146-A:10 Tort Liability to Third Persons. – Any person who negligently or intentionally discharges or spills oil into or on the waters of any lake, pond, river, stream, or into tidal waters or into the groundwater of the state which causes damage to the property of another shall be liable in tort to the […]
Section 146-A:11 – Personnel.
146-A:11 Personnel. – The department of environmental services shall establish and maintain at ports within the state, and other places as it shall determine, such employees and equipment as in its judgment may be necessary to carry out RSA 146-A. Inspection and enforcement employees of the department of environmental services in their line of […]
Section 146-A:11-a – Oil Pollution Control Fund.
146-A:11-a Oil Pollution Control Fund. – I. There is hereby established the New Hampshire oil pollution control fund. This nonlapsing, revolving fund shall, at a minimum, pay the salaries and expenses of the persons specified in RSA 146-A:11, except as the legislature may otherwise determine, as well as the costs to implement the provisions […]