reglab/housing_qa huggingface dataset:
NH Rev Stat § 147-B:9 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-B - Hazardous Waste Cleanup Fund|Section 147-B:9 - Exemptions.

    147-B:9 Exemptions. –||The following shall not be subject to the fees established in RSA 147-B:8:||I. Sludge from publicly owned treatment works located in the state, as defined in rules adopted by the commissioner;||II. Bottom boiler ash and flyash from incinerators which process solely municipal waste, as defined in rules adopted by the commissioner;||III. Hazardous wastes which are recycled and exempt from the fee under RSA 147-B:8, II; and||IV. Wastes resulting from the remediation of environmentally contaminated properties by persons who meet one of the following eligibility criteria:||(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 purchaser of environmentally contaminated property, or||(2) A person who holds a mortgage interest or other security interest in environmentally contaminated property, including a municipality with respect to property on which there are overdue real estate taxes due to the municipality.||(b) The person is a current owner of environmentally contaminated property, whose liability under RSA 147-B is based solely on the person's status as owner, who did not generate the hazardous waste which constitutes the contamination on the property, and who has not operated, managed, or controlled, either directly or indirectly, the hazardous waste facility on the property.||V. Soil that is a hazardous waste due to lead contamination resulting from the use of the area as a shooting range, provided that clean-up is initiated and completed by the owner in accordance with all applicable laws and department requirements.||VI. Household hazardous waste.|||Source. 1981, 413:3. 1983, 227:6. 1986, 202:6, I(e). 1992, 178:4. 1994, 364:6. 1996, 228:110. 1997, 269:2. 2000, 170:1. 2003, 148:6, eff. July 1, 2003.|
NH Rev Stat § 147-B:10-a (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-B - Hazardous Waste Cleanup Fund|Section 147-B:10-a - Defenses; Liability of Landowners Limited.

    147-B:10-a Defenses;  Liability of Landowners Limited. –||I. There shall be no liability under RSA 147-B:10, I for a person otherwise liable who can establish by a preponderance of the evidence that the release or threat of release of hazardous wastes or hazardous materials, and the resulting damages were caused solely by:||(a) An act of God;||(b) An act of war; or||(c) An act or omission of a third party other than an employee, agent, or independent contractor of the defendant, if the defendant establishes by a preponderance of the evidence that he exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances, and that he took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions.||II. Notwithstanding any other provision of law, an owner or former owner of property shall not be held strictly liable for the treatment or cleanup of hazardous waste or hazardous materials discovered on his property if:||(a) He did not, in any way, cause or materially contribute to the hazardous substance problem.||(b) He reported the existence of the hazardous substance to the appropriate authorities within a reasonable time of discovery.||(c) He can prove that he had no knowledge or reason to know of the hazardous substance problem prior to his purchase of the property. To establish that the defendant had no reason to know, as provided in this subparagraph, the defendant must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability.||III. Notwithstanding any other provision of law, an owner or former owner of property shall not be held strictly liable for the treatment or cleanup of hazardous waste, hazardous material, oil as defined in RSA 146-A:2, III, or hazardous substance as defined in RSA 146-C:1, VII-a that are discovered on the property if:||(a) The owner did not, in any way, cause or materially contribute to the contamination of the property; and||(b) The contamination migrated onto the property from a source that, at the time of discovery of the contamination, was located on another property.|||Source. 1986, 119:6. 1989, 355:1. 1996, 266:10, eff. Aug. 9, 1996.|
NH Rev Stat § 147-B:11 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-B - Hazardous Waste Cleanup Fund|Section 147-B:11 - Penalty; Fine.

    147-B:11 Penalty;  Fine. –||I. Any generator shall be guilty of a misdemeanor who:||(a) Does not pay the fee required in RSA 147-B:8; or||(b) Knowingly gives or causes to be given any false information in reports, records, or documents required by the department under RSA 147-B.||II. Each day of violation of RSA 147-B:11, I, shall constitute a separate offense. Notwithstanding RSA 651:2, each violation of RSA 147-B:11, I, shall be punishable by a fine not to exceed $100 a day.||III. Fines paid for violations of RSA 147-B:11, I, shall be deposited into the fund, notwithstanding RSA 618:2.|||Source. 1981, 413:3. 1983, 227:6. 1986, 202:6, I(e). 1996, 228:107, eff. July 1, 1996.|
NH Rev Stat § 147-B:11-a (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-B - Hazardous Waste Cleanup Fund|Section 147-B:11-a - Annual Report.

    147-B:11-a Annual Report. –||The department shall submit an annual report by October 1 of each year to the governor and council, speaker of the house of representatives, and president of the senate, relative to the activities and finances of the hazardous waste cleanup fund.|||Source. 2007, 219:12, eff. July 1, 2007.|
NH Rev Stat § 147-B:12 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-B - Hazardous Waste Cleanup Fund|Section 147-B:12 - Automotive Oil Fee.

    147-B:12 Automotive Oil Fee. –||I. A fee of $.02 per gallon of automotive oil shall be assessed at the time of import to this state. Persons licensed under RSA 146-A:11-b, II shall be liable for payment of this additional fee which shall be collected and enforced by the department of safety in the manner described in RSA 146-A:11-b. The department of environmental services may waive all or any portion of penalties or interest for good cause. All fee revenues shall be deposited in the hazardous waste cleanup fund in accordance with RSA 147-B:6, I-d.||II. The department of environmental services may apply for, request, solicit, contract for, receive, and accept gifts, grants, donations, and other assistance from any source to carry out the purposes of this subdivision.|||Source. 1994, 364:7; 364:11. 1996, 228:107. 1997, 269:4, eff. July 1, 1998 at 12:01 a.m.|
NH Rev Stat § 147-B:13 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-B - Hazardous Waste Cleanup Fund|Section 147-B:13 - Use of Money Collected.

    147-B:13 Use of Money Collected. –||I. The department shall use the money collected under RSA 147-B:12 to:||(a) Award grants to pay for the costs associated with the establishment, improvement, or operation of used oil collection centers at public facilities such as fire stations, police barracks, highway departments, county garages, solid waste facilities, or other suitable locations; and provide technical assistance to persons who organize such programs. Political subdivisions and other government entities shall be eligible for grants not to exceed $2,500 on an annual basis for the costs associated with the establishment or improvement of used oil collection facilities. In addition, political subdivisions and other government entities shall be eligible for grants on an annual basis for costs associated with the off-site transportation and recycling of used oil collected from individuals disposing of used oil. Non-profit organizations that focus on waste management and recycling issues, and private businesses that are registered state motor vehicle inspection stations, shall be eligible for grants not to exceed $2,500 on an annual basis for the costs to establish a used oil collection facility. In providing funding under this subparagraph, priority shall be given to reimburse political subdivisions without public collection centers, followed by political subdivisions that have established collection centers, followed by other government entities, state motor vehicle inspection stations, and non-profit organizations. Political subdivisions that use the same center may combine their awards, but in no case shall the amount awarded to a collection center exceed $5,000.||(b) Develop an educational program on the proper use, handling and disposal of used oil by the public and private businesses.||(c) Provide personnel, equipment and services to administer and enforce the provisions of this subdivision and state and federal laws relative to the proper use, handling and disposal of used oil.||II. The commissioner of environmental services may, within the limits of moneys appropriated, pay no more than $10,000 to dispose of all or a portion of a load of contaminated used oil possessed by a political subdivision of the state.|||Source. 1994, 364:7. 1996, 228:106, 107. 1997, 269:3. 2000, 146:1, eff. July 22, 2000.|
NH Rev Stat § 147-B:14 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-B - Hazardous Waste Cleanup Fund|Section 147-B:14 - Transporters Report.

    147-B:14 Transporters Report. –||Transporters of used oil registered under RSA 147-A shall submit annual reports to the department detailing the amount and type of used oil which they handle and such other information as the department may require. The department shall prepare the report forms and establish the submittal date.|||Source. 1994, 364:7. 1996, 228:106, 107. 1999, 52:6, eff. July 20, 1999.|
NH Rev Stat § 147-B:15 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-B - Hazardous Waste Cleanup Fund|Section 147-B:15 - Repealed by 2007, 219:11, II, eff. July 1, 2007.

    147-B:15 Repealed by 2007, 219:11, II, eff. July 1, 2007. –|
NH Rev Stat § 147-C:1 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-C - Hazardous Waste Facility Review|Section 147-C:1 - Definitions.

    147-C:1 Definitions. –||In this chapter:||I. [Repealed.]||II. "Committee" means the municipal hazardous waste facility review committee.||II-a. "Department" means the department of environmental services.||III. "Disposal" means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any hazardous waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters including groundwaters.||IV. "Facility" means any location at which hazardous waste is subjected to treatment, storage, or disposal and may include a facility where hazardous waste has been generated.||V. "Governing body" means the board of selectmen, city council or board of aldermen.||VI. "Hazardous waste" means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:||(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:||(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or||(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged;||(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended.||VII. [Repealed.]||VIII. "Storage" means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.||IX. "Treatment" means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.|||Source. 1981, 567:1. 1983, 227:7, 8, 20, I; 291:1, I. 1986, 158:7, 8; 202:6, I(e), 29, VI. 1996, 228:36, 107, eff. July 1, 1996.|
NH Rev Stat § 147-C:2 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-C - Hazardous Waste Facility Review|Section 147-C:2 - Notification; Review Committee.

    147-C:2 Notification;  Review Committee. –||I. When the department receives an application for a new hazardous waste facility, the department shall immediately notify the governing body of the municipality in which the facility is proposed to be located. This requirement shall apply to permit applications for treatment, storage, and disposal facilities. A copy of the application shall accompany the notification.||II. Upon receipt of this notice, the governing body may appoint a municipal hazardous waste facility review committee. Members of the committee shall be appointed by a majority vote of the governing body.|||Source. 1981, 567:1. 1983, 227:8. 1986, 158:9; 202:6, I(e). 1996, 228:107. 1998, 64:6. 1999, 53:5, eff. July 20, 1999.|
NH Rev Stat § 147-C:3 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-C - Hazardous Waste Facility Review|Section 147-C:3 - Committee Membership.

    147-C:3 Committee Membership. –||There shall be at least 5, but no more than 9, persons appointed to serve on the committee. At least one member shall be a chemical engineer if such a person is available for appointment. The governing body shall:||I. Appoint to the committee one or more members of:||(a) The planning board, if any,||(b) The board of adjustment, if any,||(c) The conservation commission, if any, and||(d) The fire department, if any; and||II. Appoint one of its own members to serve on the committee; and||III. Appoint one or more additional residents of the town to serve on the committee.|||Source. 1981, 567:1. 1983, 137:15, eff. Aug. 6, 1983.|
NH Rev Stat § 147-C:4 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-C - Hazardous Waste Facility Review|Section 147-C:4 - Duties of the Committee.

    147-C:4 Duties of the Committee. –||I. The committee shall:||(a) Represent the town in the public hearing process relating to the facility's permit application;||(b) Have access to all information given to and comments made to the department, except that information relative to a facility application obtained by the department which, in the judgment of the federal Environmental Protection Agency or the department, constitutes a trade secret shall not be disclosed to the committee without notice to the owner of the trade secret and an opportunity for hearing. The department may provide information relating to trade secrets to the Environmental Protection Agency, provided that the Environmental Protection Agency guarantees the same degree of confidentiality provided by the department. A "trade secret" means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it;||(c) Comprehensively study the immediate and long-term effects of proposed facilities on:||(1) The health and welfare of people in the vicinity of the facility;||(2) The environment; and||(3) The economy of the area in which the facility would be located; and||(d) Submit a report to the department within 30 days of the end of the public hearing process containing the committee's recommendations regarding the proposed facility, including a recommendation as to whether or not the permit should be granted.||II. The committee shall hold public hearings regarding the proposed facility. The committee shall provide notice of the public hearings by publication in at least one newspaper of general circulation in the community at least 2 weeks prior to the public hearing. The committee shall notify individuals owning property which abuts the proposed facility site of the public hearing in writing by certified mail, return receipt requested.|||Source. 1981, 567:1. 1983, 227:8. 1986, 158:10; 202:6, I(e). 1989, 398:6. 1996, 228:107, eff. July 1, 1996.|
NH Rev Stat § 147-C:5 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-C - Hazardous Waste Facility Review|Section 147-C:5 - Funds.

    147-C:5 Funds. –||The committee may accept private, state or federal funds to pay for independent investigations on proposed sites and for other purposes associated with this chapter.|||Source. 1981, 567:1. 1986, 158:11, eff. July 27, 1986.|
NH Rev Stat § 147-C:6 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-C - Hazardous Waste Facility Review|Section 147-C:6 - Committee's Powers.

    147-C:6 Committee's Powers. –||This chapter shall not be deemed to permit the committee to preempt the powers of any local board or other local authority relative to the regulation of zoning and planning.|||Source. 1981, 567:1, eff. June 30, 1981.|
NH Rev Stat § 147-C:7 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-C - Hazardous Waste Facility Review|Section 147-C:7 - Rehearing.

    147-C:7 Rehearing. –||I. If the department issues a permit to a facility which, in the judgment of the committee, does not adequately protect the health and safety of the residents of the town, the committee may appeal to the waste management council established under RSA 21-O:9 for review in accordance with rules adopted by the council under RSA 21-O:14, IV. A petition for review shall specify the contested issues.||II. Such an appeal shall take precedence over other time schedules in rules adopted by the council.||III. The waste management council shall provide for a rehearing upon the issues specified by the committee. The rehearing shall take place within 30 days of the committee's request for a rehearing.||IV. The council shall issue a decision within 15 days of the rehearing.|||Source. 1981, 567:1. 1983, 227:8. 1986, 158:12; 202:6, I(e). 1989, 341:7. 1996, 228:37, eff. July 1, 1996.|
NH Rev Stat § 147-D:1 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-D - Hazardous Waste Fee|Section 147-D:1 - Definitions.

    147-D:1 Definitions. –||In this chapter:||I. [Repealed.]||I-a. "Department" means the department of environmental services.||II. "Disposal" means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any hazardous waste into or onto any land or water so that the hazardous waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters including groundwaters.||III. "Facility" means any location to which hazardous waste which requires a manifest under the hazardous waste management law is transported for treatment, storage or disposal.||IV. "Fee" means the fee imposed under RSA 147-D:2.||V. "Governing body" means the board of selectmen, city council or board of aldermen.||VI. "Hazardous waste" means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:||(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:||(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or||(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged;||(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended.||VI-a. [Repealed.]||VII. "Person" means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.||VIII. "Storage" means the containment of hazardous waste, either on a permanent basis or on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous waste.||IX. "Treatment" means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.|||Source. 1981, 521:2. 1983, 227:9, 10, 20, I; 291:1, I. 1986, 202:6, I(e), 29, VI. 1996, 228:38, 107, eff. July 1, 1996.|
NH Rev Stat § 147-D:2 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-D - Hazardous Waste Fee|Section 147-D:2 - Hazardous Waste Fees.

    147-D:2 Hazardous Waste Fees. –||I. A town may, by bylaw, levy a fee on any hazardous waste facility located in the town.||II. The fee may not exceed $.007 per kilogram ($.003 per pound).||III. The fee shall be based on the amount of hazardous waste received by the facility for treatment, storage or disposal for the preceding quarter. The fee shall be paid within 15 days of the end of the last month in the quarter.|||Source. 1981, 521:2, eff. Aug. 28, 1981.|
NH Rev Stat § 147-D:3 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-D - Hazardous Waste Fee|Section 147-D:3 - Payment of Fees; Report.

    147-D:3 Payment of Fees;  Report. –||I. The owner of the facility shall pay all fees to the town treasurer for the use of the town.||II. With each fee payment, the owner of the facility shall submit a report on the amount of hazardous waste received and stored, treated or disposed of at the facility during the quarter for which the fee is paid. The report shall be made on a form prepared by the department.|||Source. 1981, 521:2. 1983, 227:10. 1986, 202:6, I(e). 1996, 228:107, eff. July 1, 1996.|
NH Rev Stat § 147-D:4 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-D - Hazardous Waste Fee|Section 147-D:4 - Fee Imposed by Department.

    147-D:4 Fee Imposed by Department. –||I. If the owner of a facility stores, treats or disposes of hazardous waste but does not pay a fee required under this chapter, the governing body of the town may request the department to report to the town the amount of hazardous waste stored, treated or disposed of at the facility for any quarter.||II. The town may then notify the owner of the facility of fees due the town and shall provide documentation from the department to support the claim. The operator of the facility shall pay all fees due upon receipt of this notice.|||Source. 1981, 521:2. 1983, 227:10. 1986, 202:6, I(e). 1996, 228:107, eff. July 1, 1996.|