146-D:1 Purpose. – The general court finds that gasoline, gasoline ethers and tertiary butyl alcohol (TBA), diesel fuel, heating oil, motor oil, and used motor oil, comprise a sufficiently distinct class of property which represents a potential serious health and safety problem to the citizens of New Hampshire. In particular, gasoline, gasoline ethers, TBA […]
146-D:2 Definitions. – In this chapter: I. " Above ground storage facility " means a location not regulated under RSA 146-C, consisting of a system of storage tanks, pipes, pumps, and appurtenant structures, singly or in any combination, with a total storage capacity less than or equal to 1,100,000 gallons, which is or has […]
146-D:3 Fund Established. – I. There is established a nonlapsing oil discharge and disposal cleanup fund. This fund shall be used, consistent with the provisions of this chapter, to reimburse costs incurred in cleaning up oil discharges in the groundwater and surface waters and soils of the state and in paying third party damages. […]
146-D:4 Oil Fund Disbursement Board Established; Membership. – I. There is established the oil fund disbursement board, to be composed of the following members: (a) The commissioner of environmental services, or his designee. (b) The commissioner of safety, or designee. (c) Three members representing petroleum dealers, distributors, and refiners, appointed by the governor with […]
146-D:5 Board Powers and Duties. – I. The board shall adopt rules, pursuant to RSA 541-A, relative to: (a) Organization and procedural rules. (b) Processing applications for reimbursement from the oil discharge and disposal cleanup fund. (c) Procedures for verifying reimbursement claims presented under this chapter. (d) Specifying costs in relation to reimbursements claimed. […]
146-D:6 Eligible Expenses and Availability of Funds. – I. The fund shall be available for reimbursement of costs incurred by owners of public and private water supplies due to oil contamination from an unknown source. This may include, but not be limited to, bottled water and interim treatment systems, a proportioned share of the […]
146-D:7 Penalties. – I. Any person who violates the provisions of this chapter shall be subject to the lien provisions provided in RSA 260:63 through RSA 260:65-a. I-a. Where any liability to the fund under RSA 146-D is not paid as prescribed by the oil fund disbursement board, the amount, including interest together with […]
146-D:8 Board Administratively Attached. – The oil fund disbursement board shall be administratively attached to the department of environmental services pursuant to RSA 21-G:10. Source. 2015, 142:9, eff. July 1, 2015.