146-C:1 Definitions. – In this chapter: I. "Department" means the department of environmental services. I-a. [Repealed.] I-b. "Commissioner" means the commissioner of the department of environmental services. II. "Discharge" means the release or addition of any oil or hazardous substance to land, groundwater or surface water. III. "Disposal" means deposit, discharge, injection, dumping, spilling, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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.
146-C:12 Federal Assistance and Private Funds. – I. To implement this chapter, the commissioner is authorized on behalf of the state, with the approval of the governor and council, to apply for and accept any federal assistance which may become available for the purpose of this chapter, whether in the form of loan or […]
146-C:13 Penalty; Persons Strictly Liable. – Any person who is found to be strictly liable for a 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 […]
146-C:14 Delivery Prohibition. – I. No person shall deliver or cause the delivery of oil to a non-compliant storage tank or facility which has been red-tagged. II. No owner or operator of a facility may deposit or allow the deposit of oil into an underground storage tank or facility that has a red tag […]
146-C:15 Non-Compliant Storage Tanks or Facilities; Red-Tagging Procedure. – The department shall apply the following procedure in determining whether to red-tag a storage tank or facility: I. The department shall perform an on-site inspection to determine whether a storage tank or facility is non-compliant with department rules for spill prevention, overfill protection, release detection, […]
146-C:16 Appeals. – I. A facility owner may request, in writing, that the department rescind the delivery prohibition imposed under RSA 146-C:14. The department, shall approve a request to rescind the delivery prohibition, upon determining the following: (a) The facility owner or operator has corrected the operational deficiencies identified during the inspection conducted under […]
146-C:17 Operator Training Required. – I. Effective August 8, 2012, no person shall operate an underground storage facility without designated class A, B, and C operators who have been trained and certified in accordance with an approved training program. II. (a) By August 8, 2012, owners of then-existing facilities shall submit to the department […]
146-C:18 Operator Training Program Requirements. – An operator training program may be provided by the department, approved by the department pursuant to paragraph I or paragraph III, or deemed approved pursuant to paragraph II, to meet the requirements of this section. The department may charge a fee to cover expenses for operator training that […]
146-C:19 Additional Operator Requirements. – I. Written operator response guidelines shall include spill reporting procedures, contact phone numbers, malfunctioning equipment lock-out/tag-out and notification procedures, and initial mitigation protocol for emergencies. II. Monthly visual inspections meeting the following minimum requirements shall be conducted at all underground storage facilities: (a) Inspections shall be conducted by or […]
146-C:2 Discharges Prohibited. – No owner or operator or other person responsible for the operation of a facility shall discharge or dispose of any oil or hazardous substance as defined in this chapter from any facility into or onto any land, groundwater, or surface water of the state. Source. 1986, 182:1. 1988, 249:4. 1990, […]
146-C:20 Revocation of Operator Training Program Approval. – I. If the department determines that an approved operator training program has proven insufficient to adequately train operators as evidenced by inadequately trained operators, significant operational compliance issues, or inability to document that training has been provided, then the department shall revoke the approval of the […]
146-C:21 Repeating Operator Training. – If the department determines that a facility is not in significant operational compliance with the release prevention and release detection measures of applicable state rules and statutes, or other requirements of this chapter or the implementing rules, then the department shall direct that the responsible class A or B […]
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 […]
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 […]
