147-B:1 Findings and Purpose. – I. The general court hereby finds that as a result of past hazardous waste dumping activities, the potential for spills of hazardous materials and the present lack of proper hazardous waste treatment, storage or disposal facilities within the state, the problem of managing movement of hazardous materials and hazardous […]
147-B:10 Strict Liability; Civil Action. – I. Subject only to the defenses set forth in RSA 147-B:10-a and the exclusions and limitations set forth in RSA 147-B:10, IV and V, any person who: (a) Owns or operates a facility; (b) Owned or operated a facility at the time hazardous waste or hazardous materials were […]
147-B:10-a Defenses; Liability of Landowners Limited. – I. There shall be no liability under RSA 147-B:10, I for a person otherwise liable who can establish by a preponderance of the evidence that the release or threat of release of hazardous wastes or hazardous materials, and the resulting damages were caused solely by: (a) An […]
147-B:10-b Lien. – I. The department shall have a lien upon the business revenues and all real and personal property of any person subject to liability under RSA 147-B:10, I for all costs recoverable by the state pursuant to RSA 147-B:10, II. II. In order for the lien created under this section to be […]
147-B:11 Penalty; Fine. – I. Any generator shall be guilty of a misdemeanor who: (a) Does not pay the fee required in RSA 147-B:8; or (b) Knowingly gives or causes to be given any false information in reports, records, or documents required by the department under RSA 147-B. II. Each day of violation of […]
147-B:11-a Annual Report. – The department shall submit an annual report by October 1 of each year to the governor and council, speaker of the house of representatives, and president of the senate, relative to the activities and finances of the hazardous waste cleanup fund. Source. 2007, 219:12, eff. July 1, 2007.
147-B:12 Automotive Oil Fee. – I. A fee of $.02 per gallon of automotive oil shall be assessed at the time of import to this state. Persons licensed under RSA 146-A:11-b, II shall be liable for payment of this additional fee which shall be collected and enforced by the department of safety in the […]
147-B:13 Use of Money Collected. – I. The department shall use the money collected under RSA 147-B:12 to: (a) Award grants to pay for the costs associated with the establishment, improvement, or operation of used oil collection centers at public facilities such as fire stations, police barracks, highway departments, county garages, solid waste facilities, […]
147-B:14 Transporters Report. – Transporters of used oil registered under RSA 147-A shall submit annual reports to the department detailing the amount and type of used oil which they handle and such other information as the department may require. The department shall prepare the report forms and establish the submittal date. Source. 1994, 364:7. […]
147-B:15 Repealed by 2007, 219:11, II, eff. July 1, 2007. –
147-B:2 Definitions. – In this chapter, the following words shall have the following meanings, unless the context otherwise requires: I. [Repealed.] I-a. "Borrower" means the obligor of an obligation secured by a mortgage interest, mortgage lien, or security interest in a facility. I-b. "Automotive oil" means any lubricating oil, which is reclaimable, classified for […]
147-B:3 New Hampshire Hazardous Waste Cleanup Fund Established. – I. There is hereby established the New Hampshire hazardous waste cleanup fund to be used for the purposes of this chapter. II. This nonlapsing, revolving special fund is hereby continually appropriated to be expended by the department in accordance with RSA 147-B. All moneys not […]
147-B:4 Siting Program. – I. The department shall allocate $ 60,000 annually from the fund for the development and implementation of a hazardous waste facility siting program. This program may include the establishment by the state of hazardous waste facility sites in the state to facilitate proper hazardous waste management. II. Funds allocated to […]
147-B:5 Certification by Governor. – The governor, upon the recommendation of the commissioner, may certify that circumstances exist which require use of the fund when the treatment, storage, transportation, or disposal of hazardous waste or hazardous materials may cause immediate or long-term danger to the environment or public health and welfare. Source. 1981, 413:3. […]
147-B:6 Purpose and Use of Fund. – I. The fund shall be used to provide for the adequate and safe containment and cleanup of sites within New Hampshire where hazardous wastes or hazardous materials have been stored or disposed of which threaten the environment or the public health and welfare. I-a. The fund may […]
147-B:7 Rulemaking. – I. The commissioner shall adopt rules, after public hearing and pursuant to RSA 541-A, relative to: (a) Time, amount and manner of payment of hazardous waste cleanup fund fees; (b) Required records to be kept by generators and by facility owners or operators of the type and quantity of hazardous waste […]
147-B:8 Hazardous Waste Cleanup Fund Fees. – I. Each hazardous waste generator that generates in a 3-month period 660 pounds or more of unrecycled hazardous waste shall pay a quarterly fee of $0.06 per pound or a minimum of $100, to the department. I-a. [Repealed.] II. In computing the amount of hazardous waste generated […]
147-B:9 Exemptions. – The following shall not be subject to the fees established in RSA 147-B:8: I. Sludge from publicly owned treatment works located in the state, as defined in rules adopted by the commissioner; II. Bottom boiler ash and flyash from incinerators which process solely municipal waste, as defined in rules adopted by […]
