reglab/housing_qa huggingface dataset:
NH Rev Stat § 147-D:5 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-D - Hazardous Waste Fee|Section 147-D:5 - Proof of Insurance.

    147-D:5 Proof of Insurance. –||When locating in a town, the owner of the facility shall show to the local governing body proof of insurance, including, but not limited to, environmental impairment insurance and liability insurance.|||Source. 1981, 521:2, eff. Aug. 28, 1981.|
NH Rev Stat § 147-D:6 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-D - Hazardous Waste Fee|Section 147-D:6 - Penalty.

    147-D:6 Penalty. –||Any person shall be guilty of a misdemeanor who:||I. Does not pay a fee imposed under this chapter; or||II. Knowingly gives or causes to be given any false information in connection with any report required to be submitted to a town under this chapter.|||Source. 1981, 521:2, eff. Aug. 28, 1981.|
NH Rev Stat § 147-F:1 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-F - Brownfields Program|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 result of discouraging the repurchase and reuse of some contaminated properties. These properties, often referred to as brownfields, are therefore frequently abandoned or underused. The general court also finds that it is appropriate to consider the risk posed by the contamination to human health and the environment in light of enforceable restrictions on the future use of the property when establishing cleanup goals for a contaminated property.||II. The purpose of this chapter is to give incentives to parties interested in the redevelopment of contaminated properties by facilitating the remedial process and by providing comprehensive liability protection to parties who assume responsibility for property remediation without preexisting liability for cleanup or whose existing liability is premised solely upon their status as an owner under strict liability statutes.||III. It is the further intent of this chapter to expedite the voluntary cleanup of all contaminated properties by application of the remedial process and approach provided herein where the contaminated property or party conducting the remediation does not qualify for comprehensive liability protection.|||Source. 1996, 241:2, eff. July 1, 1996.|
NH Rev Stat § 147-F:2 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-F - Brownfields Program|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 that risk assessments shall be conducted. The department of justice shall issue covenants to eligible persons in accordance with RSA 147-F:6.|||Source. 1996, 241:2, eff. July 1, 1996.|
NH Rev Stat § 147-F:3 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-F - Brownfields Program|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 been environmentally contaminated, subject to the limitations of RSA 147-F:4, II.||III. "Contaminant" or "Contamination" means hazardous waste, hazardous materials (without regard to whether transported in commerce), or oil, as defined in RSA 146-A:2, III.||IV. "Department" means department of environmental services.||V. "Eligible person" means a person who meets the criteria under RSA 147-F:4, I, and who qualifies for a covenant not to sue.||VI. "Person" means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, limited liability company, municipality, commission, and the state or a political subdivision of the state.||VII. "Program" means the brownfields program established by this chapter.||VIII. "Program participant" means any person, whether or not eligible for the liability protections created by this chapter, who is approved by the department to use the remedial process prescribed by this chapter.|||Source. 1996, 241:2, eff. July 1, 1996.|
NH Rev Stat § 147-F:4 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-F - Brownfields Program|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 purchaser of eligible property; or||(2) A person who holds a mortgage interest or other security interest in eligible property, including a municipality with respect to property on which there are overdue real estate taxes due to the municipality.||(b) The person, including a municipality, is a current owner of eligible property whose liability under RSA 147-B is based solely on the person's status as owner and who did not cause or contribute to the contamination at the property.||II. Any environmentally contaminated property is eligible unless one of the following conditions applies:||(a) The property is not in compliance with any corrective action order issued under RSA 147-A or any other compliance order issued under a state or federal environmental program and the department determines that the property will not be brought into substantial compliance as a result of participation in the cleanup program.||(b) The property is eligible for cost reimbursement from the oil discharge and disposal cleanup fund, the fuel oil discharge cleanup fund or the motor oil discharge cleanup fund, unless it receives substantially less than full reimbursement from these funds.||III. A person seeking a determination of eligibility shall submit to the department a certificate signed under oath that includes all information the department of justice determines is necessary to verify eligibility.|||Source. 1996, 241:2. 1997, 264:2, eff. June 19, 1997.|
NH Rev Stat § 147-F:5 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-F - Brownfields Program|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 issued in accordance with RSA 147-F:6 upon approval of a remedial action plan for the property.||II. A successor owner or successor owners of an eligible property may receive a covenant not to sue in accordance with the terms and conditions of RSA 147-F:17.||III. A holder of a mortgage or other security interest in the eligible property, including a municipality with a tax lien, shall notify the department in connection with a foreclosure or other acquisition or transfer of title or possession of an eligible property, of an intention to continue in the program on the same terms as the original eligible person, or may elect to retain the status of a holder of property in accordance with RSA 146-A:3-c, RSA 146-C:11-a, or RSA 147-B:10, as applicable.||III-a. A municipality that acquires an environmentally contaminated property by tax deed in order to convey the property to an eligible person in the brownfields program shall be entitled to the liability protection provided in RSA 147-F:7.||IV. A lessee or tenant (that itself would qualify as an eligible person) of the eligible property under agreement with an eligible person who is implementing an approved remedial action plan under the program shall not be subject to suit described in RSA 147-F:6, I, by the state for the contamination.||V. Any person who is not an eligible person may use the remedial process provided in RSA 147-F:11 through RSA 147-F:16 at the discretion of the department. The department may issue a no-action letter, certificate of partial cleanup, or certificate of completion to any such person upon completion of an approved remedial action plan for full or partial remediation.||VI. The relief afforded under this chapter extends only to liability or potential liability arising under state law. It is not intended to provide any relief as to liability or potential liability arising under federal law.|||Source. 1996, 241:2. 1997, 264:3, eff. June 19, 1997.|
NH Rev Stat § 147-F:7 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-F - Brownfields Program|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 RSA 146-A, RSA 146-C, RSA 147-A or RSA 147-B, as applicable.||II. An eligible person participating in the program shall not be liable for the remediation of additional contamination or increased environmental harm caused during site investigation or pre-remedial activities unless attributable to the eligible person's negligent or reckless conduct, except as provided in RSA 147-F:8, I(b).||III. An eligible person who withdraws from the program after site stabilization as provided in RSA 147-F:8 shall not be strictly liable as an owner under RSA 147-B:10 for preexisting contamination at the property that is known or foreseeable based upon information submitted to the department before withdrawal from the program unless the eligible person:||(a) Engages in activities at the property that are inconsistent or interfere with the approved remedial action plan;||(b) Violates any use restrictions imposed on the property by the department in accordance with RSA 147-F:15, and fails to cure after notice;||(c) Does not promptly report and address contamination caused or exacerbated by the holder's negligent or reckless acts during remedial activities as required by the department; or||(d) Fails to comply with the requirements of RSA 147-F:16, and fails to cure after notice.|||Source. 1996, 241:2, eff. July 1, 1996.|
NH Rev Stat § 147-F:8 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-F - Brownfields Program|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 a site stabilization plan approved by the department. Site stabilization is limited to those actions necessary to ensure that work conducted at the property has not caused greater risk to human health and the environment than existed before the remedial work was commenced, and to ensure that the property will not pose an imminent hazard to human health or the environment.||(c) Pay all outstanding fees accrued by the department in connection with the property's participation in the program, including fees associated with site stabilization.||II. Withdrawal from the program as provided in this section before completion of the approved remedial action plan shall not be considered inconsistent or interference with the approved remedial action plan and will not void the covenant.|||Source. 1996, 241:2, eff. July 1, 1996.|
NH Rev Stat § 147-F:10 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-F - Brownfields Program|Section 147-F:10 - Eligibility Determination With Respect to Covenant Not to Sue.

    147-F:10 Eligibility Determination With Respect to Covenant Not to Sue. –||I. Within 30 days of receiving a complete application, the department shall make a determination of eligibility in accordance with RSA 147-F:4 after review and approval by the department of justice. The department shall send its written determination to the applicant and the municipality within which the property is located. If the department denies eligibility, it shall provide the applicant with a statement of the reasons therefor.||II. With notice of eligibility, the department shall provide the applicant with a tentative schedule for document submittal and department review of each subsequent stage of the remediation process provided under this chapter.||III. The applicant may request in writing that the commissioner of the department, in conjunction with the department of justice, review an eligibility denial. The commissioner shall issue a final decision, after review and approval by the department of justice. No appeal of the commissioner's final decision shall be available.|||Source. 1996, 241:2, eff. July 1, 1996.|
NH Rev Stat § 147-F:12 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-F - Brownfields Program|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, remedial, monitoring and other activities required to protect human health and the environment and to meet all applicable cleanup standards. The department's approval shall include a designation of the activities that must be completed before a certificate of completion will be issued in accordance with RSA 147-F:13, III.||III. The department may accept alternative risk-based cleanup standards based upon risk assessments developed pursuant to RSA 147-F:11, VII(e).||IV. The department may approve a remedial action plan for all, or a portion of, contamination at the property. The department shall impose such conditions on the redevelopment and use of the property as it finds necessary or proper to assure that the contamination on the site does not pose an unacceptable risk to human health and the environment during and after completion of the remedial action plan.||V. Upon approval of a remedial action plan:||(a) The department shall issue to the program participant a notice of approved remedial action plan that identifies the property, provides a general description of the contamination and summarizes the main components of the remedial action plan, including all specific restrictions on future use of the property.||(b) The department of justice shall issue a covenant not to sue to a program participant determined to be an eligible person pursuant to RSA 147-F:4. The covenant not to sue shall be in a form and subject to the conditions set forth in RSA 147-F:6.||VI. The program participant shall immediately record the notice of approved remedial action plan in the registry of deeds for the county in which the property is located.|||Source. 1996, 241:2, eff. July 1, 1996.|
NH Rev Stat § 147-F:13 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-F - Brownfields Program|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 to attain the cleanup levels established in the remedial action plan in light of the approved risk assessments.||III. Upon completion of the activities specified in the approved remedial action plan, a program participant shall file with the department a completion report in form and content satisfactory to the department. Once the department determines that the required activities have been completed according to the requirements of the approved remedial action plan, that monitoring requirements are being met, that any necessary use restrictions have been implemented, and that all fees and costs due under this chapter have been paid, the department shall issue to the program participant a certificate of completion, which shall certify that the work is completed and shall include a description of any use restrictions, monitoring requirements and any other conditions that remain in effect with respect to the property.||IV. Upon receipt of a notice of a certificate of completion, a program participant shall file the document with the related covenant not to sue in the registry of deeds for the county in which the property is located.||V. If at any time the department determines, including upon petition or request by a program participant, that no further investigation, remediation, or other activities are required, the department shall issue a certificate of no further action in a form suitable for recordation, which shall so state, and which shall include a description of any remaining required use restrictions or monitoring requirements, or a statement that there are no remaining use restrictions or monitoring requirements.||VI. Upon a determination by the department, in consultation with the department of health and human services where appropriate, that property use restrictions may be terminated or shall otherwise be modified pursuant to RSA 147-F:15, the department shall issue to the program participant, in a form suitable for recordation, a notice of such determination. The department shall ensure that all such notices are recorded promptly in the registry of deeds for the county in which the property is located, either by undertaking the recordation itself, or by requiring the program participant to do so.|||Source. 1996, 241:2, eff. July 1, 1996.|
NH Rev Stat § 147-F:14 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-F - Brownfields Program|Section 147-F:14 - Fee Schedule.

    147-F:14 Fee Schedule. –||I. Any person, except for the state and local governments, including school districts, who requests an eligibility determination under RSA 147-F:4 shall pay a nonrefundable application fee of $750 for program eligibility which shall be deposited in the hazardous waste cleanup fund. Any resubmittal of an incomplete application shall require an additional $500 for each resubmission.||II. Any eligible person, except for the state and local governments, including school districts, who has previously paid the initial application fee, or any person who becomes a program participant under RSA 147-F:5, V, shall pay a nonrefundable $4,500 fee which shall be deposited in the hazardous waste cleanup fund and used for purposes of the review work performed by the department under this chapter.||III. Any department costs exceeding the fee established in RSA 147-F:14, II, shall be charged bi-monthly to the program participant at hourly rates which include, but are not limited to, staff salaries, benefit costs, current operating expenses, legal and risk assessment review costs and travel. The hourly fees shall be deposited in the hazardous waste cleanup fund and used for the purposes of RSA 147-F.|||Source. 1996, 241:2, eff. July 1, 1996. 2007, 219:7, eff. July 1, 2007.|
NH Rev Stat § 147-F:15 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-F - Brownfields Program|Section 147-F:15 - Restrictions on Future Property Use.

    147-F:15 Restrictions on Future Property Use. –||I. The department shall require the imposition of controls on the use of the property as necessary to protect human health and the environment during and after implementation of the remedial action plan.||II. The department may require the imposition or maintenance of some or all of the following controls or use restrictions without limiting state authority to implement other appropriate controls:||(a) Use limitations required by risk-based exposure criteria used in developing the remedial action plan.||(b) Prohibitions against physical changes to the property.||(c) Obligations to install and/or maintain protective barriers that control remaining sources of contamination.||(d) Necessary restrictions on groundwater use and requirements for the provision of alternative water supplies.||III. The department shall include all use restrictions imposed on the property in the notice of approved remedial action plan in accordance with RSA 147-F:12, V(a).||IV. The department may remove or modify use restrictions independently of the property owner by filing a release or modification of the restrictions in chain of title for the property. Any modification under this paragraph which would result in an increased restriction on the use of the property shall be based on a determination by the department that such a modification is necessary to protect human health or the environment. Before removing or modifying such use restrictions, the department shall consult with the department of health and human services and, at least 30 days prior to the filing of a release or modification of restriction, the department shall notify the owner and each mortgagee of record at their last known address by certified mail, return receipt requested, of the impending release or modification of the restrictions. For the purposes of this paragraph, any mortgagee whose mortgage was recorded in the office of the register of deeds at least 30 days prior to the mailing of the notice shall be entitled to notice. The department shall comply with the public participation requirements of RSA 147-F:12, I. The property owner, the program participant if other than the owner, and any mortgagee entitled to notice who is aggrieved by a decision to remove or modify a use restriction may appeal such decision to the commissioner of the department, whose decision shall be final.|||Source. 1996, 241:2, eff. July 1, 1996.|