Section 147-F:19 – Enforcement.
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 […]
Section 147-F:20 – State Brownfields Cleanup Revolving Loan Fund.
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 […]
Section 147-F:9 – Application for Participation in Covenant Not to Sue Program.
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 […]
Section 147-F:10 – Eligibility Determination With Respect to Covenant Not to Sue.
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 […]
Section 147-F:11 – Site Investigation and Remedial Action Plan.
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 […]
Section 147-F:12 – Approval of Remedial Action Plan.
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, […]
Section 147-F:13 – Performance and Completion of Remedial Action.
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 […]
Section 147-F:14 – Fee Schedule.
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 […]
Section 147-F:15 – Restrictions on Future Property Use.
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 […]
Section 147-F:16 – Other Program Requirements.
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 […]