Section 149-M:53 – Restrictions on the Sale of Certain Mercury-Added Products.
149-M:53 Restrictions on the Sale of Certain Mercury-Added Products. – I. No later than one year after the effective date of this section, no toy, game, card, ornament, or mercury-added novelty shall be offered for final sale or use or distributed for promotional purposes in this state if the seller knows or has reason […]
Section 149-M:42 – Definitions.
149-M:42 Definitions. – In this subdivision: I. "Closure" means the process used to permanently cease use of a facility, or portion of such facility, in a manner that will minimize future risks of environmental damage. II. "Department" means the department of environmental services. III. " Eligible costs " means the costs of the closure […]
Section 149-M:43 – State Contributions.
149-M:43 State Contributions. – The state shall pay annually 20 percent of the annual amortization charges, meaning the principal and interest, on the eligible costs resulting from the closure of unlined solid waste landfills by municipalities, or the closure of eligible municipal incinerators, in accordance with 42 U.S.C. Section 9601 et seq. and RSA […]
Section 149-M:34 – Prohibition; Schedule for Removal of Intentional and Incidental Amounts.
149-M:34 Prohibition; Schedule for Removal of Intentional and Incidental Amounts. – The schedule for removal of lead, cadmium, mercury, or hexavalent chromium in any package or packaging component shall be as follows: I. No package or packaging component shall be offered for sale or for promotional purposes by its manufacturer or distributor in the […]
Section 149-M:35 – Exemptions.
149-M:35 Exemptions. – I. All packages and packaging components shall be subject to this subdivision, except the following: (a) Those packages or packaging components with a code indicating that the date of manufacture was prior to April 27, 1990. (b) Those packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have […]
Section 149-M:36 – Certificate of Compliance.
149-M:36 Certificate of Compliance. – I. A certificate of compliance stating that a package or packaging component is in compliance with the requirements of this subdivision shall be furnished by its manufacturer or supplier to its purchaser. If compliance is achieved under RSA 149-M:34, the certificate shall state the specific basis upon which the […]
Section 149-M:37 – Rulemaking.
149-M:37 Rulemaking. – The commissioner shall adopt rules, pursuant to RSA 541-A, relative to: I. Procedures for petitions for exemption pursuant to RSA 149-M:35, including renewals of exemptions. II. Procedures for certificates of compliance pursuant to RSA 149-M:36. III. A schedule of administrative fines which may be imposed under RSA 149-M:38, VI. IV. Procedures […]
Section 149-M:38 – Enforcement.
149-M:38 Enforcement. – I. The commissioner may issue an order to any person in violation of this subdivision, any rule adopted under this subdivision or any condition in any exemption granted under this subdivision to comply with the subdivision, the rule or condition, and may require such remedial measures as may be necessary. II. […]
Section 149-M:39 – Public Access.
149-M:39 Public Access. – Any member of the public may request a certificate of compliance from a manufacturer or supplier of packaging or of a packaging component. The request shall be in writing and shall specifically state the packaging component or package information requested. A copy of the written request shall be provided to […]
Section 149-M:40 – Severability.
149-M:40 Severability. – If any provision of this subdivision or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the subdivision which can be given effect without the invalid provisions or applications, and to this end the provisions of this subdivision are […]