147-F:1 Findings and Purpose. – I. The general court finds that it is in the public interest to encourage the redevelopment of industrial, commercial, residential and other properties that have been subject to environmental contamination. The strict liability imposed on owners and operators of contaminated property under existing environmental statutes has had the unintended […]
147-F:10 Eligibility Determination With Respect to Covenant Not to Sue. – I. Within 30 days of receiving a complete application, the department shall make a determination of eligibility in accordance with RSA 147-F:4 after review and approval by the department of justice. The department shall send its written determination to the applicant and the […]
147-F:11 Site Investigation and Remedial Action Plan. – I. Any person who is deemed eligible by the department for a covenant not to sue pursuant to RSA 147-F:4, and any other person who wishes to voluntarily undertake the investigation or remediation of a property and who obtains the concurrence of the department to do […]
147-F:12 Approval of Remedial Action Plan. – I. Upon receipt of a remedial action plan, the department shall provide public notice of the proposed remedial action. The notice shall provide a date for a public information meeting where there is significant environmental impact. II. An approved remedial action plan shall provide for all removal, […]
147-F:13 Performance and Completion of Remedial Action. – I. The program participant shall perform all activities required by the approved remedial action plan and shall provide the department with regular progress reports regarding the work. II. The department may require amendment of the remedial action plan at any time during its performance as necessary […]
147-F:14 Fee Schedule. – I. Any person, except for the state and local governments, including school districts, who requests an eligibility determination under RSA 147-F:4 shall pay a nonrefundable application fee of $750 for program eligibility which shall be deposited in the hazardous waste cleanup fund. Any resubmittal of an incomplete application shall require […]
147-F:15 Restrictions on Future Property Use. – I. The department shall require the imposition of controls on the use of the property as necessary to protect human health and the environment during and after implementation of the remedial action plan. II. The department may require the imposition or maintenance of some or all of […]
147-F:16 Other Program Requirements. – I. A program participant shall: (a) Ensure stabilization of the property in accordance with RSA 147-F:8, I(b) before withdrawal from the program. (b) Cooperate with the department throughout site investigation and remediation. (c) Upon withdrawal from the program, provide the department with all non-privileged, material documents and information relating […]
147-F:17 Sale or Transfer of Property in Program. – I. Property in the brownfields program may be transferred to a successor owner at any time during the remedial process. A successor owner may participate in the brownfields program as provided in this section after receiving an eligibility determination under RSA 147-F:10 and paying the […]
147-F:18 Rulemaking. – I. The commissioner shall adopt rules, after public hearing and pursuant to RSA 541-A, relative to the administration of the brownfields program, including: (a) The form and content of the eligibility application and accompanying certificate, the site investigation work plan and report, the remedial action plan, the environmental risk assessment and […]
147-F:19 Enforcement. – I. The attorney general may institute an action before the superior court for the county in which the property is located or the superior court for Merrimack county against any person to enforce the terms of a covenant issued under this chapter. II. If the department determines that an emergency exists […]
147-F:2 Establishment of Program. – An environmental cleanup program is hereby established to further the redevelopment of contaminated properties. The cleanup program shall be administered by the department. The department of health and human services shall assist the department as necessary by the review of risk assessments for properties for which the department determines […]
147-F:20 State Brownfields Cleanup Revolving Loan Fund. – Authority is granted for the state of New Hampshire to participate in the federally funded state brownfields cleanup revolving loan funds as may be provided under the Comprehensive Environmental Response, Compensation, and Liability Act, or related federal legislation as amended from time to time. The loan […]
147-F:3 Definitions. – In this chapter, the following words shall have the following meanings, unless the context otherwise requires: I. The definitions of terms provided in RSA 147-B:2 shall be applicable to this chapter to the extent those terms are used in this chapter unless otherwise defined herein. II. "Brownfields" means properties which have […]
147-F:4 Eligibility for Program. – I. A person is eligible to participate in the program if the person qualifies under one of the following categories: (a) The person is not liable under RSA 147-B for any release or threatened release of a contaminant or contaminants at the property and is either: (1) A prospective […]
147-F:5 Available Relief. – I. Any person who meets the eligibility conditions of RSA 147-F:4 may request the assistance of the department in overseeing the investigation and remediation of an eligible property. An eligible person shall be entitled to the liability protections provided in RSA 147-F:7 and shall receive a covenant not to sue […]
147-F:6 Covenant Not to Sue. – I. The covenant not to sue shall protect against liability for contamination addressed by an approved remedial action plan, including any modifications made pursuant to RSA 147-F:13, II. II. The covenant shall be in a form approved by the department of justice and shall contain a general description […]
147-F:7 Liability Protection Before Covenant Issues. – I. Site investigation and pre-remedial activities conducted at the property during participation in the program shall not trigger liability for remediation of preexisting contamination at the property solely because of the eligible person’s status as owner or operator of the property under the strict liability provisions of […]
147-F:8 Withdrawal From the Program. – I. A program participant may withdraw from the program at any stage before or after approval of the remedial action plan. To withdraw from the program, the program participant must: (a) File a notice of intent to withdraw with the department. (b) Stabilize the site in accordance with […]
147-F:9 Application for Participation in Covenant Not to Sue Program. – I. Any person may submit an application to the department for a determination of that person’s eligibility to obtain a covenant not to sue as part of that party’s participation in the program administered under this chapter. The application for eligibility for a […]
