reglab/housing_qa huggingface dataset:
NH Rev Stat § 146-A:2-a (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-A - Oil Discharge or Spillage in Surface Water or Groundwater|Section 146-A:2-a - Offshore Oil and Natural Gas Exploration Prohibited.

    146-A:2-a Offshore Oil and Natural Gas Exploration Prohibited. –||I. In this section, "development" means any pipeline or other infrastructure that transports oil or natural gas from production facilities located in federal waters or other coastal state waters in the Atlantic Ocean through New Hampshire coastal state waters and any land-based support facilities for offshore oil or natural gas production facilities located in the Atlantic Ocean.||II. Offshore oil or natural gas exploration, development, and production is prohibited in coastal state waters.||III. No tidal or submerged lands in coastal state waters shall be leased for the purposes of oil or natural gas exploration, development, or production.||IV. The department of environmental services shall not:||(a) Issue any permit or other approval for any development associated with offshore drilling for oil and natural gas whether proposed for in coastal state waters or outside of coastal state waters.||(b) Permit, approve or otherwise authorize any oil or natural gas exploration, development, or production in coastal state waters.||(c) Develop, adopt, or endorse any plans for the exploration, development, or production of oil or natural gas in coastal state waters.|||Source. 2019, 343:1, eff. Nov. 10, 2019.|
NH Rev Stat § 146-A:3 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-A - Oil Discharge or Spillage in Surface Water or Groundwater|Section 146-A:3 - Discharge of Oil.

    146-A:3 Discharge of Oil. –||The discharge or spillage of oil into the surface water or groundwater of this state, or in a land area where the oil will ultimately seep into surface water or groundwater is prohibited. Nothing in this chapter, however, shall prohibit the application of mosquito larvae control compounds under permits issued by the pesticide control board pursuant to RSA 430.|||Source. 1971, 266:1. 1976, 18:22. 1991, 92:6, eff. May 13, 1991.|
NH Rev Stat § 146-A:3-b (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-A - Oil Discharge or Spillage in Surface Water or Groundwater|Section 146-A:3-b - Repealed by 1986, 182:4, II, eff. May 28, 1986.

    146-A:3-b Repealed by 1986, 182:4, II, eff. May 28, 1986. –|
NH Rev Stat § 146-A:3-d (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-A - Oil Discharge or Spillage in Surface Water or Groundwater|Section 146-A:3-d - Limited Liability for Fiduciaries.

    146-A:3-d Limited Liability for Fiduciaries. –||I. A fiduciary shall not be liable in its individual capacity under RSA 146-A:3-a.||II. Nothing in this section shall preclude claims under RSA 146-A:3-a 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-A:3-a against a fiduciary in its individual capacity whose negligent acts or omissions or intentional misconduct has caused the discharge or spillage of oil. A fiduciary 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, 323:4, eff. Aug. 22, 1993.|
NH Rev Stat § 146-A:3-e (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-A - Oil Discharge or Spillage in Surface Water or Groundwater|Section 146-A:3-e - Duty to Report.

    146-A:3-e Duty to Report. –||Nothing in RSA 146-A:3-c or 146-A:3-d shall be construed to relieve a holder or fiduciary from any legal duty requiring a report, notification or disclosure of an oil discharge otherwise established under New Hampshire law.|||Source. 1993, 323:4, eff. Aug. 22, 1993.|
NH Rev Stat § 146-A:3-f (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-A - Oil Discharge or Spillage in Surface Water or Groundwater|Section 146-A:3-f - Spill Response Plan.

    146-A:3-f Spill Response Plan. –||I. Oil pipeline facility owners shall submit a spill response plan to the department that provides spill protection equivalent to or greater than a facility response plan under 49 C.F.R. section 194.101. A person who has contracted with an oil pipeline facility to provide containment and cleanup services may submit the spill response plan, on behalf of the owner, for any oil pipeline facility for which the person is contractually obligated to provide services.||II. Response plans shall, at a minimum, include the following:||(a) The number, training preparedness, and fitness of all dedicated personnel assigned to direct and implement the plan;||(b) Arrangements for the positioning of oil spill containment, cleanup equipment, and trained personnel at strategic locations from which they can be deployed to the spill site to promptly and properly remove the spilled oil; and||(c) The amount and type of equipment available to respond to a spill, where the equipment is located, and the extent to which other contingency plans rely on the same equipment.||III. Spill response plans for oil pipeline facilities shall be submitted to the department within 6 months after the department has adopted rules under this section.||IV. The department shall approve a spill response plan for an oil pipeline facility only if it determines that the plan meets the requirements set forth in this section and rules adopted by the department.||V. Upon approval of a spill response plan for an oil pipeline facility, the department shall provide to the person submitting the plan a statement indicating that the plan has been approved, the oil pipeline facilities covered by the plan, and any other information the department determines should be included.||VI. An owner or operator of an oil pipeline facility shall notify the department in writing immediately of any significant change of which it is aware affecting its spill response plan, including changes in any factor set forth in this section or in rules adopted by the department. The department may require the owner or operator to update a spill response plan as a result of such changes.||VII. The department by rule shall require spill response plans to be reviewed, updated, if necessary, and resubmitted to the department at least once every 5 years.||VIII. Approval of a spill response plan by the department shall not constitute an express assurance regarding the adequacy of the plan nor constitute a defense to liability imposed under this chapter or any other state law.|||Source. 2014, 137:4, eff. June 16, 2014; 303:6, eff. June 16, 2014 at 12:01 a.m.|
NH Rev Stat § 146-A:4 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-A - Oil Discharge or Spillage in Surface Water or Groundwater|Section 146-A:4 - Notification; Removal.

    146-A:4 Notification;  Removal. –||I. Whenever an oil discharge or spillage occurs which may pollute or which has polluted the surface water or groundwater of this state, the department of environmental services shall be notified immediately and shall assume primary jurisdiction of the cleanup operation. In the interim period before the department of environmental services has had an opportunity to assume jurisdiction, the person or persons strictly liable for an oil discharge shall undertake immediate measures to minimize the extent of pollution and damage which said discharge would otherwise cause. Any unexplained oil discharge shall be removed by or under the direction of the department of environmental services.||II. Any person strictly liable for an oil discharge shall immediately undertake to contain or remove such discharge to the department's satisfaction.||III. Notwithstanding paragraph II, the department of environmental services may undertake the containment or removal of such discharge and may retain agents and contractors for such purposes who shall operate under the direction of the department of environmental services.|||Source. 1971, 266:1. 1985, 287:4; 401:1. 1986, 202:6, I(a). 1991, 92:8. 1996, 228:25, 106, 108, eff. July 1, 1996.|
NH Rev Stat § 146-A:5 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-A - Oil Discharge or Spillage in Surface Water or Groundwater|Section 146-A:5 - Duty to Report.

    146-A:5 Duty to Report. –||I. Whoever is responsible for the operation of any oil facility, carrier, or vessel that discharges oil in violation of this chapter shall immediately notify the department of environmental services or its designee. Any person who fails to give such notice shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Each day of a continuing violation shall constitute a separate offense.||II. Any person who becomes aware of an oil discharge in violation of this chapter shall immediately notify the department of environmental services.|||Source. 1971, 266:1. 1973, 529:19. 1986, 202:6, I(a). 1991, 92:9. 1996, 228:108, eff. July 1, 1996.|
NH Rev Stat § 146-A:6 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-A - Oil Discharge or Spillage in Surface Water or Groundwater|Section 146-A:6 - State and Local Officials.

    146-A:6 State and Local Officials. –||All law enforcement officers and fire officials on the advice of the department or the department's authorized agent may assist in any oil spillage cleanup operation and may receive its support and guidance when engaged in such assistance.|||Source. 1971, 266:1. 1986, 202:6, I(a). 1996, 228:109, eff. July 1, 1996.|
NH Rev Stat § 146-A:7 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-A - Oil Discharge or Spillage in Surface Water or Groundwater|Section 146-A:7 - Private Participation.

    146-A:7 Private Participation. –||I. Notwithstanding any other provision of law or rule to the contrary, no oil spill cleanup organization or other person acting to contain, remove, clean up, restore or take other remedial or corrective action or measures with regard to the spillage or discharge of oil, or threatened spillage or discharge of oil, shall be liable for removal costs, penalties, fines or damages of any kind, including but not limited to, natural resources damages or civil damages to government or private parties, unless it is determined that their acts or omissions amounted to gross negligence or willful misconduct, provided that:||(a) The oil spill cleanup organization or other person was rendering care, assistance or advice, consistent with the National Contingency Plan or as otherwise directed by the Federal On-Scene Coordinator; or||(b) The oil spill cleanup organization or other person was acting upon the request of the department, or its designee, and pursuant to the department's response procedures.||II. The immunity provided by this section shall not apply to any person who, without regard to fault, directly or indirectly caused or suffered the spillage or discharge of oil, or threatened spillage or discharge of oil at issue, which required the initial containment, removal, cleanup, restoration or other remedial or corrective action or measures, and provided that any such person shall be strictly liable for any removal costs, penalties, fines and damages of any kind, that another person is relieved of responsibility for under paragraph I.|||Source. 1971, 266:1. 1986, 202:6, I(a). 1991, 92:10. 1996, 228:109, eff. July 1, 1996.|
NH Rev Stat § 146-A:8 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-A - Oil Discharge or Spillage in Surface Water or Groundwater|Section 146-A:8 - Repealed by 1991, 92:45, I, eff. May 13, 1991.

    146-A:8 Repealed by 1991, 92:45, I, eff. May 13, 1991. –|
NH Rev Stat § 146-A:9 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-A - Oil Discharge or Spillage in Surface Water or Groundwater|Section 146-A:9 - Recovery by State.

    146-A:9 Recovery by State. –||The attorney general shall institute such legal or equitable action as he deems necessary to recover or obtain judgment for the costs of containment, cleanup, removal, corrective measures or civil penalties. This action may be brought in conjunction with an action for injunctive relief or in a separate action in superior court. In connection with an action brought under this section, the attorney general may obtain a prejudgment attachment.|||Source. 1971, 266:1. 1985, 287:5. 1991, 92:11, eff. May 13, 1991.|
NH Rev Stat § 146-A:10 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-A - Oil Discharge or Spillage in Surface Water or Groundwater|Section 146-A:10 - Tort Liability to Third Persons.

    146-A:10 Tort Liability to Third Persons. –||Any person who negligently or intentionally discharges or spills oil into or on the waters of any lake, pond, river, stream, or into tidal waters or into the groundwater of the state which causes damage to the property of another shall be liable in tort to the person whose property is so damaged in the amount of 1-1/2 times the damages sustained by that person.|||Source. 1971, 266:1. 1987, 377:7. 1991, 92:12. 1998, 357:4, eff. July 1, 1998.|
NH Rev Stat § 146-A:11 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-A - Oil Discharge or Spillage in Surface Water or Groundwater|Section 146-A:11 - Personnel.

    146-A:11 Personnel. –||The department of environmental services shall establish and maintain at ports within the state, and other places as it shall determine, such employees and equipment as in its judgment may be necessary to carry out RSA 146-A. Inspection and enforcement employees of the department of environmental services in their line of duty pursuant to RSA 146-A shall have the powers of a constable under RSA 104:9.|||Source. 1971, 266:1. 1979, 463:1. 1981, 119:2; 219:1. 1983, 306:1; 393:10. 1985, 401:2. 1986, 202:6, I(a). 1991, 92:13. 1996, 228:108, eff. July 1, 1996.|
NH Rev Stat § 146-A:11-c (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-A - Oil Discharge or Spillage in Surface Water or Groundwater|Section 146-A:11-c - Rulemaking.

    146-A:11-c Rulemaking. –||The commissioner shall adopt rules under RSA 541-A, after public hearing, relative to:||I. Operation and inspection of oil terminal facilities, including equipment related to the operation of oil terminal facilities.||I-a. Requirements for facility owners to prepare, submit, and comply with a spill prevention, control, and countermeasure (SPCC) plan prepared in accordance with 40 C.F.R. part 112, provided that no such rules shall require the owner of a qualified facility, as defined in RSA 146-A:2, XIV, to engage a professional engineer to prepare or approve the SPCC plan for that facility.||I-b. Requirements for oil pipeline facility spill response plans under RSA 146-A:3-f.||II. Operation and inspection of vessels, including railway carriers.||III. Methods for the prevention of oil discharges into or onto the surface water or groundwater of the state, including rules for expenditures on research programs under RSA 146-A:11-a, I.||IV. Procedures for reporting actual or potential oil discharges under RSA 146-A:5.||V. Procedures and equipment to be used in the removal or containment of oil under RSA 146-A:4.||V-a. Procedures for mitigation and prevention of damage due to oil leakage or spillage.||V-b. [Repealed.]||VI. The establishment of control regions and rules to meet each region's particular requirements.||VII. [Repealed.]||VIII. Bonding under RSA 146-A:13.||VIII-a. The exemptions and liability limitations for holders and fiduciaries.||IX, X. [Repealed.]||XI. [Repealed.]||XII. [Repealed.]||XIII. [Repealed.]||XIV. [Repealed.]|||Source. 1985, 287:6. 1986, 182:4, III; 202:6, I(a). 1987, 377:8, 10. 1988, 271:9, IV-VI. 1989, 230:6. 1991, 92:17, 18, 45, III. 1993, 171:5; 323:5. 1996, 228:110, eff. July 1, 1996. 2012, 147:6, eff. July 1, 2012. 2014, 137:5, eff. June 16, 2014.|
NH Rev Stat § 146-A:12 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-A - Oil Discharge or Spillage in Surface Water or Groundwater|Section 146-A:12 - Emergency Proclamation; Governor's Powers.

    146-A:12 Emergency Proclamation;  Governor's Powers. –||Whenever any disaster or catastrophe exists or appears imminent arising from the discharge of oil, petroleum products or their by-products, the governor shall by proclamation declare the fact and that an emergency exists in any or all sections of the state. If the governor is temporarily absent from the state or is otherwise unavailable, the next person in the state who would act as governor if the office of governor were vacant shall, by proclamation, declare the fact and that an emergency exists in any or all sections of the state. A copy of such proclamation shall be filed with the secretary of state. The governor shall have general direction and control of the department of environmental services and shall be responsible for carrying out the purposes of this chapter.||I. In performing his duties under this chapter, the governor is authorized and directed to cooperate with all departments and agencies of the federal government, with the offices and agencies of other states and foreign countries, and the political subdivisions thereof, and with private agencies in all matters pertaining to a disaster or catastrophe.||II. In performing his duties under this chapter, the governor is further authorized and empowered:||(a) To make, amend and rescind the necessary orders, rules and regulations to carry out this chapter within the limits of the authority conferred upon him and not inconsistent with the rules, regulations and directives of the President of the United States or of any federal department or agency having specifically authorized emergency functions.||(b) To delegate any authority vested in him under this chapter and to provide for the subdelegation of any such authority.||III. Whenever the governor is satisfied that an emergency no longer exists, he shall terminate the proclamation by another proclamation affecting the sections of the state covered by the original proclamation, or any part thereof. Said proclamation shall be published in such newspapers of the state and posted in such places as the governor, or the person acting in that capacity, deems appropriate.||IV. The provisions of RSA 4:45, RSA 4:46, and RSA 21-P:34 through RSA 21-P:48 as they shall apply to the taking of private property, compensation and use, mutual aid, immunity, aid in emergency, enforcement and compensation shall apply to disasters or catastrophes proclaimed by the governor under this chapter.|||Source. 1971, 266:1. 1986, 202:6, I(a). 1991, 92:19. 1996, 228:108. 2002, 257:9, eff. July 1, 2002.|
NH Rev Stat § 146-A:13 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-A - Oil Discharge or Spillage in Surface Water or Groundwater|Section 146-A:13 - Bonding.

    146-A:13 Bonding. –||The commissioner may set a schedule of bonding to be required from oil, gas and petroleum product suppliers, dealers and others that are under the jurisdiction of this chapter to provide for emergency cleanup and provide for the protection of the environment from accidental intrusions and from purposeful evasion of rules adopted under this chapter.|||Source. 1971, 266:1. 1985, 401:4. 1986, 202:6, I(a). 1989, 339:16. 1996, 228:110, eff. July 1, 1996.|
NH Rev Stat § 146-A:14 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-A - Oil Discharge or Spillage in Surface Water or Groundwater|Section 146-A:14 - Penalty.

    146-A:14 Penalty. –||I. Any person who recklessly discharges or spills oil into or onto the surface water or groundwater of the state or in a land area where the oil will ultimately seep into such waters or any person who recklessly violates any provision of this chapter or any rule adopted under the provisions of this chapter shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person. Each day of a continuing violation shall constitute a separate offense.||II. Any person who purposely or knowingly discharges or spills oil into or onto the surface water or groundwater of the state or in a land area where the oil will ultimately seep into such waters or any person who purposely or knowingly violates any provision of this chapter or any rule adopted under the provisions of this chapter shall be guilty of a class B felony. Each day of a continuing violation shall constitute a separate offense.||II-a. Any person who discharges or spills oil into or onto the surface water or groundwater of the state or in a land area where the oil will ultimately seep into such waters or any person who violates any provision of this chapter or any rule adopted under the provisions of this chapter shall be subject to a civil penalty not to exceed $20,000 for each violation. Each day of a continuing violation shall count as a separate violation. Civil penalties for violation of any rule adopted under the provisions of this chapter shall not accrue until the department provides notification of such violation. The attorney general may bring an action for injunctive relief, including a mandatory injunction.||III. [Repealed.]|||Source. 1971, 266:1. 1973, 528:56. 1979, 463:2. 1985, 287:8. 1986, 182:4, IV. 1991, 92:20. 1998, 316:1, eff. Jan. 1, 1999. 2009, 106:1, eff. Jan. 1, 2010. 2019, 263:5, eff. Jan. 1, 2020.|
NH Rev Stat § 146-A:15 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 146-A - Oil Discharge or Spillage in Surface Water or Groundwater|Section 146-A:15 - Administrative Fines.

    146-A:15 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 $4,000 for each offense upon any person who violates any provision of this chapter including any rule adopted under the provisions of this chapter or any order or permit issued under this chapter. Each day of the violation shall constitute a separate offense. Rehearings and appeals from a decision of the commissioner under this paragraph 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 commissioner shall adopt rules, under RSA 541-A, relative to:||(a) A schedule of administrative fines which may be imposed under this section for violations as provided in paragraph I.||(b) Procedures for notice and hearing prior to the imposition of an administrative fine.||II. The proceeds of administrative fines levied pursuant to paragraph I shall be deposited by the commissioner into the oil pollution control fund established under this chapter.|||Source. 1989, 230:7. 1995, 217:2, eff. Jan. 1, 1996. 2019, 263:6, eff. Jan. 1, 2020.|