Section 146-C:7 – New Facilities.
146-C:7 New Facilities. – I. Prior to commencing construction or installation of a new facility or substantial modification of an existing facility, an owner shall submit plans and specifications to the department and obtain written approval of those plans. Such plans shall be approved by an engineer licensed to practice in the state of […]
Section 146-C:8 – Prohibition Against Reusing Tanks.
146-C:8 Prohibition Against Reusing Tanks. – Tanks which are removed and do not meet the standards for new tanks shall not be reinstalled for the purpose of oil or hazardous substance storage. If a tank meets the standards, it may be reinstalled for oil or hazardous substance storage if after thorough cleaning and inspection, […]
Section 146-C:9 – Rulemaking.
146-C:9 Rulemaking. – The commissioner shall adopt rules, under RSA 541-A, relative to: I. Procedures, forms, and information required for registration of underground storage facilities, as authorized by RSA 146-C:3. II. Procedures, forms, and criteria for issuing and renewing permits, as authorized by RSA 146-C:4. Criteria for permits shall include, but not be limited […]
Section 146-C:9-a – Orders; Injunctions.
146-C:9-a Orders; Injunctions. – I. The department is authorized to issue an administrative order directing any owner or operator or any other person who is strictly liable to cease any activity violating this chapter, to take action necessary to comply with this chapter, and to institute corrective and remedial measures, which shall include the […]
Section 146-C:10 – Penalty.
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 […]
Section 146-C:10-a – Administrative Fines.
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 […]
Section 146-C:11 – Liability for Cleanup Costs; Municipal Regulations.
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 […]
Section 146-C:11-a – Limited Liability for Holders.
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 […]
Section 146-C:11-b – Limited Liability for Fiduciaries.
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 […]
Section 146-C:11-c – Duty to Report.
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.