reglab/housing_qa huggingface dataset:
NH Rev Stat § 146-C:9-a (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-C - Underground Storage Facilities|Section 146-C:9-a - Orders; Injunctions.

    146-C:9-a Orders;  Injunctions. –||I. The department is authorized to issue an administrative order directing any owner or operator or any other person who is strictly liable to cease any activity violating this chapter, to take action necessary to comply with this chapter, and to institute corrective and remedial measures, which shall include the following:||(a) Providing an interim water supply and establishing a permanent alternative water supply system to mitigate damage to the soil, groundwater or surface water.||(b) Removal and abatement of contamination resulting from a discharge from an underground storage facility.||(c) Reimbursement to the state for all costs incurred by the state in responding to a discharge of oil or a hazardous substance from a leaking underground storage facility.||II. Notwithstanding any other provision of this chapter, the department, upon receipt of information that the storage, transmission or dispensing of oil or a hazardous substance at a facility subject to this chapter may present an imminent and substantial hazard to human health or to the environment, may take action as it determines necessary to protect human health or the environment. The action the department may take includes, but is not limited to:||(a) Issuing an order directing the facility owner or operator or any person who is strictly liable under RSA 146-C:11 to take necessary steps to eliminate the hazard. The department may order the permanent or temporary cessation of operations at a facility. Orders of the department issued under this section shall be effective immediately. Any person to whom an order is directed shall immediately comply, but may appeal the order in accordance with paragraph III of this section.||(b) Requesting the attorney general to bring an action for injunctive relief, including a mandatory injunction.||III. Appeal of an order issued under this section shall be to the waste management council established in RSA 21-O:9 and in accordance with RSA 21-O:14.|||Source. 1988, 249:12. 1990, 208:9. 1991, 92:40, 41. 1996, 228:106, eff. July 1, 1996. 2016, 23:3, eff. Apr. 25, 2016.|
NH Rev Stat § 146-C:10 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-C - Underground Storage Facilities|Section 146-C:10 - Penalty.

    146-C:10 Penalty. –||I. Any person who owns or operates an underground storage facility without a permit as required by this chapter, who fails to comply with a condition of that permit or of an order issued under RSA 146-C:9-a, or who violates any provision of this chapter or the rules adopted under this chapter relative to underground storage facilities shall be subject to a civil penalty of not more than $10,000 for each violation. Each day of a continuing violation shall count as a separate violation. Such a violation may also be enjoined by the superior court upon application of the attorney general.||II. All moneys collected under this section which pertain to the discharge of oil shall be paid into the oil pollution control fund established under RSA 146-A:11-a. All moneys collected under this section which pertain to discharge of a hazardous substance shall be paid to the hazardous waste cleanup fund established under RSA 147-B:3.|||Source. 1986, 182:1. 1987, 377:9. 1988, 249:13. 1989, 230:12. 1991, 92:42, eff. May 13, 1991. 2007, 376:3. eff. July 1, 2007.|
NH Rev Stat § 146-C:10-a (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-C - Underground Storage Facilities|Section 146-C:10-a - Administrative Fines.

    146-C:10-a Administrative Fines. –||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 and appeals from a decision of the commissioner under this section shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines levied pursuant to this section shall be deposited by the commissioner in the oil pollution control fund established under RSA 146-A. The commissioner shall adopt rules, under RSA 541-A, relative to:||I. A schedule of administrative fines which may be imposed under this section for violations of this chapter as provided above; and||II. Procedures for notice and hearing prior to the imposition of an administrative fine.|||Source. 1989, 230:8. 1995, 217:3, eff. Jan. 1, 1996.|
NH Rev Stat § 146-C:11 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-C - Underground Storage Facilities|Section 146-C:11 - Liability for Cleanup Costs; Municipal Regulations.

    146-C:11 Liability for Cleanup Costs;  Municipal Regulations. –||I. Any person who, without regard to fault, directly or indirectly causes or suffers the discharge or disposal of oil or a hazardous substance into or onto any surface water or groundwater of this state, or in a land area where it has seeped or may or will ultimately seep into any surface water or groundwater of the state in violation of this chapter, or rules adopted under this chapter, shall be strictly liable for costs directly or indirectly resulting from the violation relating to:||(a) Containment of the discharged oil;||(b) Cleanup and restoration of the site and surrounding environment, and corrective or remedial measures as defined under RSA 146-A:11-a, III(a) and (b); and||(c) Removal of the oil.||I-a. The owner or operator of a facility shall immediately inform the department of any discharge or disposal in violation of this chapter. Such person shall take immediate action to mitigate damages from such discharge consistent with any applicable rules of the department. If the owner is not the operator of the facility, the operator shall immediately inform the owner of any discharge or disposal in violation of this chapter.||II. Nothing in this chapter shall be construed to prevent the party strictly liable from instituting a legal action against any party responsible for causing the spillage for costs incurred by the strictly liable party in complying with this chapter.||III. Nothing in this chapter shall be construed to pre-empt local zoning or other regulations, properly enacted under other statutes, which reasonably regulate the location of underground storage facilities.||IV. The department shall immediately notify the governing body of a municipality of any leaking underground storage tanks either within the municipality or near the local water supply.||V. [Repealed.]||VI. There shall be no implied cause of action for third party damages against any person under this section to the extent that the person's liability under this section is based solely on the person's ownership of a facility.|||Source. 1986, 182:1. 1987, 377:4, 6. 1988, 249:14, 15; 271:9, VII. 1990, 208:10. 1991, 92:43. 1996, 228:106, eff. July 1, 1996; 266:7, eff. June 10, 1996.|
NH Rev Stat § 146-C:11-b (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-C - Underground Storage Facilities|Section 146-C:11-b - Limited Liability for Fiduciaries.

    146-C:11-b Limited Liability for Fiduciaries. –||I. A fiduciary shall not be considered an owner or operator under this chapter in its individual capacity and shall not be liable in its individual capacity under RSA 146-C:11.||II. Nothing in this section shall preclude claims under RSA 146-C:11 against:||(a) A fiduciary in its representative capacity;||(b) The assets of the estate or trust administered by a fiduciary; or||(c) Non-employee agents or independent contractors retained by a fiduciary.||III. Nothing in this section shall preclude claims to recover costs under RSA 146-C:11 against fiduciaries in their individual capacity based on negligence or intentional misconduct. Fiduciaries shall not be attributed with the negligence or intentional misconduct of non-employee agents or independent contractors so long as the fiduciary has conducted itself without fault with regard to its relationship with such non-employee agents or independent contractors.|||Source. 1993, 323:9, eff. Aug. 22, 1993.|
NH Rev Stat § 146-C:11-c (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-C - Underground Storage Facilities|Section 146-C:11-c - Duty to Report.

    146-C:11-c Duty to Report. –||Nothing in RSA 146-C:11-a or 146-C:11-b shall be construed to relieve a holder or fiduciary from any legal duty requiring a report, notification or disclosure of a discharge or disposal of oil or hazardous substance otherwise established under New Hampshire law.|||Source. 1993, 323:9, eff. Aug. 22, 1993.|
NH Rev Stat § 146-C:12 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-C - Underground Storage Facilities|Section 146-C:12 - Federal Assistance and Private Funds.

    146-C:12 Federal Assistance and Private Funds. –||I. To implement this chapter, the commissioner is authorized on behalf of the state, with the approval of the governor and council, to apply for and accept any federal assistance which may become available for the purpose of this chapter, whether in the form of loan or grant or otherwise, to accept the provision of any federal legislation for such assistance, to enter into, act, and implement contracts in connection with such assistance, or to act as agent for the federal government in connection with such assistance. The commissioner shall accept and expend funds from the leaking underground storage tank trust fund established by 26 U.S.C. section 9508 in accordance with applicable federal law, the regulations adopted under such law, and the contract or contracts providing for federal assistance, notwithstanding any contrary provision of state law. The commissioner may also utilize any private funds which may be made available for the purposes of this chapter.||II. Cost recovered monies originally expended from the federal leaking underground storage tank trust fund shall be deposited into the oil pollution control fund, established in RSA 146-A:11-a and accounted for separately.||III. [Repealed.]|||Source. 1986, 182:1. 1988, 249:16. 1993, 156:1. 1996, 228:106, 110, eff. July 1, 1996. 2007, 138:1, eff. Aug. 17, 2007. 2015, 142:10, 15, VII, eff. July 1, 2015.|
NH Rev Stat § 146-C:13 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-C - Underground Storage Facilities|Section 146-C:13 - Penalty; Persons Strictly Liable.

    146-C:13 Penalty;  Persons Strictly Liable. –||Any person who is found to be strictly liable for a discharge or spillage of oil, and who willfully fails to comply with a department order requiring investigation, containment, cleanup, removal, remedial measures, or corrective measures, shall be liable to the state in double the amount of cost recoverable funds expended by the state in undertaking investigative, remedial, or corrective action at the site.|||Source. 1991, 92:44. 1996, 228:106, eff. July 1, 1996.|
NH Rev Stat § 146-C:14 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-C - Underground Storage Facilities|Section 146-C:14 - Delivery Prohibition.

    146-C:14 Delivery Prohibition. –||I. No person shall deliver or cause the delivery of oil to a non-compliant storage tank or facility which has been red-tagged.||II. No owner or operator of a facility may deposit or allow the deposit of oil into an underground storage tank or facility that has a red tag affixed to the tank or facility's fill pipe.||III. No person may deposit oil into an underground storage tank or facility that has a red tag affixed to the fill pipe.||IV. No person shall deface, alter, or otherwise tamper with a red tag so that the information contained is not legible.|||Source. 2007, 376:2, eff. July 1, 2007.|
NH Rev Stat § 146-C:15 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-C - Underground Storage Facilities|Section 146-C:15 - Non-Compliant Storage Tanks or Facilities; Red-Tagging Procedure.

    146-C:15 Non-Compliant Storage Tanks or Facilities;  Red-Tagging Procedure. –||The department shall apply the following procedure in determining whether to red-tag a storage tank or facility:||I. The department shall perform an on-site inspection to determine whether a storage tank or facility is non-compliant with department rules for spill prevention, overfill protection, release detection, leak monitoring, or corrosion protection.||II. Upon determining non-compliant status, the department shall provide written notification to the facility owner and facility operator on the nature of the operational deficiencies, the applicable regulatory requirements, options available for correcting the deficiencies, and the deadline for completion of the work.||III. Upon failure of a facility owner or operator to correct such operational deficiencies to the satisfaction of the department by the established deadline, the department shall issue a written notice of "Intent to Red-Tag" to the facility owner and facility operator, and shall provide notification to all oil delivery companies that have requested to receive such notifications. The notice shall include the deadline after which date department personnel will red-tag the non-compliant storage tank or facility. Before affixing a red tag to the fill pipe of an underground storage tank or facility, the agency shall document the level of stored product in the tank or facility.||IV. The department shall publish a current list of all red-tagged storage tanks and facilities in the state, and shall provide notification of list changes to all oil delivery companies that have requested to receive such notification. No person shall be liable for delivery of oil to a non-compliant storage tank or facility that is not included on the department list of red-tagged storage tanks or facilities.|||Source. 2007, 376:2, eff. July 1, 2007.|
NH Rev Stat § 146-C:16 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-C - Underground Storage Facilities|Section 146-C:16 - Appeals.

    146-C:16 Appeals. –||I. A facility owner may request, in writing, that the department rescind the delivery prohibition imposed under RSA 146-C:14. The department, shall approve a request to rescind the delivery prohibition, upon determining the following:||(a) The facility owner or operator has corrected the operational deficiencies identified during the inspection conducted under RSA 146-C:15, I;||(b) Fines and penalties assessed by the department against the facility owner or operator, if any, have been paid; and||(c) The department has re-inspected the facility and determined the storage tank or facility is in compliance, or an owner or operator has provided satisfactory documentation that operational deficiencies were corrected. Upon notification by the owner or operator documenting to the satisfaction of the department that the deficiencies were corrected:||(1) The department may provide written notification to the owner or operator to remove the red tag.||(2) The department shall inspect the underground storage tank or facility within 5 business days of notification to determine whether the tank or facility is now in compliance with department rules, regardless of whether it has authorized removal of the red tag by the owner or operator. If, upon inspection, the department determines that the system is in compliance and the department has not already authorized the removal of the red tag, the department shall immediately remove the red tag.||(3) Upon removal of the red tag, the department shall document the level of stored product in the tank or facility. If the red tag was removed by the owner or operator as authorized by the department, the owner or operator shall document the level of stored product in the tank or facility at the time of red tag removal. The removed red tag shall be sent back to the department with documentation of the level of product in the tank or facility at the time of removal. The red-tagged documentation shall be returned to the department within 5 days of the removal of the red tag, or sooner if the department requests it.||II. Nothing in this section shall affect any authority of the department or the attorney general to enforce state law relative to oil discharges or storage tank compliance, or to seek injunctive relief, cost recovery, penalties, and any other sanctions for non-compliance with applicable requirements.||III. Any appeal of department action under this section shall not stay or suspend the department's action.|||Source. 2007, 376:2, eff. July 1, 2007. 2010, 55:2, eff. May 18, 2010.|
NH Rev Stat § 146-C:17 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-C - Underground Storage Facilities|Section 146-C:17 - Operator Training Required.

    146-C:17 Operator Training Required. –||I. Effective August 8, 2012, no person shall operate an underground storage facility without designated class A, B, and C operators who have been trained and certified in accordance with an approved training program.||II. (a) By August 8, 2012, owners of then-existing facilities shall submit to the department for each underground storage facility owned in the state a statement signed by both the owner and the designated operators in a format approved by the department identifying the designated class A and B operators, the name of the approved training program by which they are trained, the date that they were certified by the approved training program, and the expiration date regarding their certification.||(b) For facilities that begin operation after August 8, 2012, the information in subparagraph (a) shall be submitted prior to beginning operation.||III. Effective August 8, 2012, owners shall post at each underground storage facility operator response guidelines meeting the requirements of RSA 146-C:19, I.||IV. Effective August 8, 2012, owners shall post at each underground storage facility, and revise when changes occur, a listing of class C operators assigned to that facility that includes the latest date of training, the expiration date regarding the training, and an identification of the approved training program or the name of the certified class A or B operator that trained each class C operator.||V. After August 8, 2012, owners shall revise and resubmit to the department a signed statement that includes the information required in paragraph II whenever there is a change in designated class A or B operators or a change of approved training programs, or when a designated operator has been retrained as ordered by the department pursuant to RSA 146-C:21, within 30 days of the change for each affected underground storage facility.||VI. After August 8, 2012, newly designated class A and B operators shall be trained in accordance with an approved training program within 30 days of being designated. Newly designated class C operators shall be trained in accordance with an approved training program or by a certified class A or B operator before assuming the responsibilities of the class C operator.||VII. Class A, B, and C operators who have been trained and certified by an approved operator training program that has since had its approval revoked pursuant to RSA 146-C:20 shall remain trained and certified unless they are directed by the department to retrain pursuant to RSA 146-C:21 or their certification expires pursuant to the previously approved training program curriculum.|||Source. 2010, 102:2, eff. May 26, 2010.|
NH Rev Stat § 146-C:20 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-C - Underground Storage Facilities|Section 146-C:20 - Revocation of Operator Training Program Approval.

    146-C:20 Revocation of Operator Training Program Approval. –||I. If the department determines that an approved operator training program has proven insufficient to adequately train operators as evidenced by inadequately trained operators, significant operational compliance issues, or inability to document that training has been provided, then the department shall revoke the approval of the operator training program.||II. An operator training program may be re-approved if it is demonstrated that all operator training program defects have been corrected and if a revised curriculum and instructor's qualification is submitted to the department and meets the requirements of RSA 146-C:18.||III. An approved operator training program may withdraw as an approved operator training program by making such a request in writing to the department.|||Source. 2010, 102:2, eff. May 26, 2010.|
NH Rev Stat § 146-C:21 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-C - Underground Storage Facilities|Section 146-C:21 - Repeating Operator Training.

    146-C:21 Repeating Operator Training. –||If the department determines that a facility is not in significant operational compliance with the release prevention and release detection measures of applicable state rules and statutes, or other requirements of this chapter or the implementing rules, then the department shall direct that the responsible class A or B operator be retrained and recertified in accordance with an approved training program, within 30 days or within such other time as the department specifies.|||Source. 2010, 102:2, eff. May 26, 2010.|
NH Rev Stat § 146-D:1 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-D - Oil Discharge and Disposal Cleanup Fund|Section 146-D:1 - Purpose.

    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 and diesel fuel present a potential threat to the quality of New Hampshire's groundwater, environment and public health of its citizens, because of the speed with which these products are able to flow into, and contaminate, valuable groundwater supplies. In addition, the cost of cleanup of oil discharges is a significant economic burden for which economic assistance is otherwise not available. The purpose of this chapter is to establish financial responsibility for the cleanup of oil discharges and disposal, and to establish a fund to be used in addressing the costs incurred by the owners of public and private water supplies, oil storage facilities, and potential contamination source properties for the prevention and cleanup of oil discharges, to protect groundwater, and for reimbursement of third party damages.|||Source. 2015, 142:9, eff. July 1, 2015.|