Section 147-A:1 – Repealed by 1986, 202:29, V, eff. Jan. 2, 1987.
147-A:1 Repealed by 1986, 202:29, V, eff. Jan. 2, 1987. –
Section 147-A:10 – Confiscation of Property.
147-A:10 Confiscation of Property. – I. Any property of a generator, owner, operator, or transporter including, but not limited to, vehicles, containers, documents and wastes, used in connection with the disposal, storage, treatment, or transportation of hazardous waste in violation of RSA 147-A or RSA 106-A:17-RSA 106-A:19 may be seized by the state. The […]
Section 147-A:11 – Duty to Report.
147-A:11 Duty to Report. – I. Any generator, owner, operator, transporter, or employee of a hazardous waste facility who becomes aware of any storage, treatment, or disposal of hazardous waste in violation of this chapter shall immediately report the violation to the department. II. Any person who fails to give notice as required by […]
Section 147-A:12 – Discrimination Prohibited.
147-A:12 Discrimination Prohibited. – I. No employer shall discharge or discriminate against an employee because the employee has reported a violation of this chapter to the department as required by RSA 147-A:11, I. II. Any employee who has been discharged or discriminated against in violation of RSA 147-A:12, I, may bring an action against […]
Section 147-A:13 – Imminent Hazard.
147-A:13 Imminent Hazard. – Notwithstanding any other provision of this chapter, the department, upon receipt of information that the generation, storage, treatment, transportation, or disposal of any waste may present an imminent and substantial hazard to human health or to the environment, may take action as it determines to be necessary to protect human […]
Section 147-A:13-a – Hazardous Waste Sites.
147-A:13-a Hazardous Waste Sites. – I. If a hazardous waste site is discovered which poses an imminent threat to the public health, safety, and welfare, the commissioner of environmental services may, after court authorization or order, make application to the governor for funds to clean up such wastes under the authority of RSA 9:13-d. […]
Section 147-A:14 – Enforcement.
147-A:14 Enforcement. – The department may: I. Issue an order to any person in violation of this chapter, a permit issued under this chapter, or a rule adopted under this chapter to comply with this chapter, the permit, or the rule, and require such remedial measures as may be necessary; or II. Request the […]
Section 147-A:14-a – Recording of Orders.
147-A:14-a Recording of Orders. – Any order issued by the department pursuant to this chapter may be recorded in the registry of deeds for the country in which the subject facility is situated. A recorded order shall run with the land, provided that an appropriate description of the land involved including the accurate name […]
Section 147-A:15 – Appeals.
147-A:15 Appeals. – I. Any person aggrieved by an action of the department may appeal to the waste management council established under RSA 21-O:9 for review of: (a) A decision of the department to grant, deny, modify, suspend or revoke an operator or transporter permit; or (b) An order issued by the department relative […]
Section 147-A:16 – Criminal Penalty; Fine.
147-A:16 Criminal Penalty; Fine. – I. Any person shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person who knowingly: (a) Violates any provision of RSA 147-A or any rule adopted by the commissioner relative to RSA 147-A; (b) Violates any term or […]
Section 147-A:16-a – Knowing Endangerment; Penalties.
147-A:16-a Knowing Endangerment; Penalties. – I. Any person who treats, stores, transports, causes to be transported, disposes of or otherwise handles any hazardous waste in knowing violation of any material condition or requirement of such permit or in knowing violation of any material condition or requirement of any applicable regulations or standards and any […]
Section 147-A:16-b – Special Rules Relative to Knowing Endangerment.
147-A:16-b Special Rules Relative to Knowing Endangerment. – I. In determining whether a natural person knew that his or her conduct placed another in imminent danger of death or serious bodily injury, knowledge possessed by another may not be attributed to that person. Circumstantial evidence may be used to prove possession of actual knowledge. […]
Section 147-A:17 – Civil Forfeiture.
147-A:17 Civil Forfeiture. – I. Any person shall be subject to a civil forfeiture of up to $50,000 for each day of a continuing violation, in addition to enforcement by injunctive relief, who violates: (a) Any provision of RSA 147-A or any rule adopted by the commissioner relative to RSA 147-A; or (b) Any […]
Section 147-A:17-a – Administrative Fines.
147-A:17-a Administrative Fines. – I. The commissioner of the department of environmental services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter including any rule adopted under the provisions of this chapter. Rehearings […]
Section 147-A:18 – Interstate Cooperation.
147-A:18 Interstate Cooperation. – The general court encourages cooperative activities by the department with other states for the improved management of hazardous wastes; for improved, and so far as is practicable, uniform state laws relating to the management of hazardous wastes; and for compacts between this and other states for the improved management of […]
Section 147-A:19 – Limits.
147-A:19 Limits. – Nothing contained in this chapter shall be construed to modify or limit the duties and authority conferred upon the department under RSA 146-A, RSA 485, RSA 485-A, or RSA 125-C. Source. 1981, 413:2. 1989, 339:18. 1996, 228:33, eff. July 1, 1996.
Section 147-A:2 – Definitions.
147-A:2 Definitions. – In this chapter, the following words shall have the following meanings: I. [Repealed.] I-a. "Abutter" means any person who owns property adjacent to, or across a road, railroad, or stream from the property on which a hazardous waste facility will be permitted. I-b. "Commissioner" means the commissioner of environmental services. II. […]
Section 147-A:2-a – Repealed by 1999, 53:6, IV, eff. July 20, 1999.
147-A:2-a Repealed by 1999, 53:6, IV, eff. July 20, 1999. –
Section 147-A:20 – Severability.
147-A:20 Severability. – If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are […]
Section 147-A:3 – Rulemaking.
147-A:3 Rulemaking. – The commissioner shall adopt rules, pursuant to RSA 541-A and after public hearing, relative to: I. Criteria for the determination of whether any waste or combination of wastes is hazardous for the purposes of this chapter. "Pesticides" as defined in RSA 430 are subject to this chapter only to the extent […]