146-A:1 Declaration of Purpose. – The purpose of this chapter is to cope with the problem of pollution from the spillage or discharge of oil, recognizing the damage resulting to vegetation, marine, animal and bird life from such pollution. It is the intent of this chapter to provide procedures that will expedite the cleanup […]
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 […]
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 […]
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 […]
146-A:11-b License Required. – I. Under this section, the following terms shall be construed as follows: (a) "Person" means any operator, distributor, dealer, or broker who, or any wholesale terminal facility which, imports or causes to be imported oil into the state. "Person" does not mean an oil spill cleanup organization or other person […]
146-A:11-c Rulemaking. – The commissioner shall adopt rules under RSA 541-A, after public hearing, relative to: I. Operation and inspection of oil terminal facilities, including equipment related to the operation of oil terminal facilities. I-a. Requirements for facility owners to prepare, submit, and comply with a spill prevention, control, and countermeasure (SPCC) plan prepared […]
146-A:12 Emergency Proclamation; Governor’s Powers. – Whenever any disaster or catastrophe exists or appears imminent arising from the discharge of oil, petroleum products or their by-products, the governor shall by proclamation declare the fact and that an emergency exists in any or all sections of the state. If the governor is temporarily absent from […]
146-A:13 Bonding. – The commissioner may set a schedule of bonding to be required from oil, gas and petroleum product suppliers, dealers and others that are under the jurisdiction of this chapter to provide for emergency cleanup and provide for the protection of the environment from accidental intrusions and from purposeful evasion of rules […]
146-A:14 Penalty. – I. Any person who recklessly discharges or spills oil into or onto the surface water or groundwater of the state or in a land area where the oil will ultimately seep into such waters or any person who recklessly violates any provision of this chapter or any rule adopted under the […]
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 […]
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 […]
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 […]
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 […]
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) […]
146-A:2 Definitions. – For the purpose of this chapter the following words shall have the following meanings, unless the context otherwise requires: I. "Barrel" means 42 United States gallons at 60 degrees Fahrenheit; I-a. "Discharge" or "spillage" means the release or addition of any oil to land, groundwater or surface water; I-b. "Federal On-Scene […]
146-A:2-a Offshore Oil and Natural Gas Exploration Prohibited. – I. In this section, " development " means any pipeline or other infrastructure that transports oil or natural gas from production facilities located in federal waters or other coastal state waters in the Atlantic Ocean through New Hampshire coastal state waters and any land-based support […]
146-A:3 Discharge of Oil. – The discharge or spillage of oil into the surface water or groundwater of this state, or in a land area where the oil will ultimately seep into surface water or groundwater is prohibited. Nothing in this chapter, however, shall prohibit the application of mosquito larvae control compounds under permits […]
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 […]
146-A:3-b Repealed by 1986, 182:4, II, eff. May 28, 1986. –
146-A:3-c Limited Liability for Holders. – I. A holder who has not assumed ownership of a facility or vessel by the act of taking title by foreclosure or by other similar means and who has not assumed responsibility for the operation of the facility or vessel shall not be liable under RSA 146-A:3-a. II. […]
