Section 146-A:11-c – Rulemaking.
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 […]
Section 146-A:12 – Emergency Proclamation; Governor’s Powers.
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 […]
Section 146-A:13 – Bonding.
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 […]
Section 146-A:14 – Penalty.
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 […]
Section 146-A:8 – Repealed by 1991, 92:45, I, eff.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146-A:8 Repealed by 1991, 92:45, I, eff.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: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Section 146-A:3-b – Repealed by 1986, 182:4, II, eff.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146-A:3-b Repealed by 1986, 182:4, II, eff.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-A:3-c – Limited Liability for Holders.
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. […]
Section 146-A:3-d – Limited Liability for Fiduciaries.
146-A:3-d Limited Liability for Fiduciaries. – I. A fiduciary shall not be liable in its individual capacity under RSA 146-A:3-a. II. Nothing in this section shall preclude claims under RSA 146-A:3-a against: (a) A fiduciary in its representative capacity; (b) The assets of the estate or trust administered by a fiduciary; or (c) Non-employee […]
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.