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:1 – Findings and Purpose.
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 […]
Section 147-F:2 – Establishment of Program.
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 […]
Section 147-F:3 – Definitions.
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 […]
Section 147-F:4 – Eligibility for Program.
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 […]
Section 147-F:5 – Available Relief.
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 […]
Section 147-F:6 – 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 […]
Section 147-F:7 – Liability Protection Before Covenant Issues.
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 […]
Section 147-F:8 – Withdrawal From the Program.
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 […]