reglab/housing_qa huggingface dataset:
NH Rev Stat § 147-A:10 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-A - Hazardous Waste Management|Section 147-A:10 - Confiscation of Property.

    147-A:10 Confiscation of Property. –||I. Any property of a generator, owner, operator, or transporter including, but not limited to, vehicles, containers, documents and wastes, used in connection with the disposal, storage, treatment, or transportation of hazardous waste in violation of RSA 147-A or RSA 106-A:17-RSA 106-A:19 may be seized by the state. The property shall be stored as directed by the court so that the property may be used as evidence in a trial relating to the violation.||II. Within 14 days of seizure of any property, the attorney general shall file a libel in the superior court of the county in which the property was seized, requesting forfeiture of the property. The court shall issue a summons requiring the state to send by certified mail a copy of the libel to the owner of the property and other persons appearing to have an interest in the property.||III. The superior court shall promptly hold a hearing which shall be conducted as a civil in rem action without a jury and shall order forfeiture of the property if the state establishes by a preponderance of the evidence that the owner knew or should have known that the property was used in the illegal treatment, transportation, storage or disposal of hazardous waste.||IV. The court may order the sale of the confiscated property or any other disposition, in the court's discretion as justice may require. After deducting the storage expenses, the proceeds from the sale of the confiscated property shall be transferred to the New Hampshire hazardous waste cleanup fund established under RSA 147-B.|||Source. 1981, 413:2. 1994, 199:13, eff. July 23, 1994. 2014, 204:7, eff. July 11, 2014.|
NH Rev Stat § 147-A:11 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-A - Hazardous Waste Management|Section 147-A:11 - Duty to Report.

    147-A:11 Duty to Report. –||I. Any generator, owner, operator, transporter, or employee of a hazardous waste facility who becomes aware of any storage, treatment, or disposal of hazardous waste in violation of this chapter shall immediately report the violation to the department.||II. Any person who fails to give notice as required by RSA 147-A:11, I, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.||III. Each day of a continuing violation shall constitute a separate offense.|||Source. 1981, 413:2. 1983, 227:3. 1986, 202:6, I(e). 1994, 199:14. 1996, 228:107, eff. July 1, 1996.|
NH Rev Stat § 147-A:12 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-A - Hazardous Waste Management|Section 147-A:12 - Discrimination Prohibited.

    147-A:12 Discrimination Prohibited. –||I. No employer shall discharge or discriminate against an employee because the employee has reported a violation of this chapter to the department as required by RSA 147-A:11, I.||II. Any employee who has been discharged or discriminated against in violation of RSA 147-A:12, I, may bring an action against the employer in the superior court for injunctive relief, and for compensatory and exemplary damages.||III. Reasonable attorney's fees shall be awarded to any employee who prevails in an action against his employer brought under RSA 147-A:12.|||Source. 1981, 413:2. 1983, 227:3. 1986, 202:6, I(e). 1996, 228:107, eff. July 1, 1996.|
NH Rev Stat § 147-A:13 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-A - Hazardous Waste Management|Section 147-A:13 - Imminent Hazard.

    147-A:13 Imminent Hazard. –||Notwithstanding any other provision of this chapter, the department, upon receipt of information that the generation, storage, treatment, transportation, or disposal of any waste may present an imminent and substantial hazard to human health or to the environment, may take action as it determines to be necessary to protect human health or the environment. The action the department may take includes, but is not limited to:||I. Issuing an order directing the owner or operator of a hazardous waste facility or the custodian of waste constituting a hazard 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 to the waste management council in accordance with the provisions of this chapter.||II. Contracting for and supervising the cleanup of a hazardous waste spill which the department determines is an imminent hazard, except as provided in RSA 154:7. The department may take action as necessary to prevent damage to human health or the environment; or||III. Requesting the attorney general to bring an action for injunctive relief, including a mandatory injunction.|||Source. 1981, 413:2. 1983, 227:3. 1986, 202:6, I(e). 1989, 341:5. 1994, 199:15. 1996, 228:107. 1999, 52:5, eff. July 20, 1999.|
NH Rev Stat § 147-A:13-a (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-A - Hazardous Waste Management|Section 147-A:13-a - Hazardous Waste Sites.

    147-A:13-a Hazardous Waste Sites. –||I. If a hazardous waste site is discovered which poses an imminent threat to the public health, safety, and welfare, the commissioner of environmental services may, after court authorization or order, make application to the governor for funds to clean up such wastes under the authority of RSA 9:13-d.||II. Authorization for expenditures for such purpose shall be as prescribed in RSA 9:13-d.||III. The attorney general shall institute legal proceedings to obtain reimbursement for any moneys so expended by the state under this section.|||Source. 1986, 198:22, eff. Aug. 2, 1986.|
NH Rev Stat § 147-A:14 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-A - Hazardous Waste Management|Section 147-A:14 - Enforcement.

    147-A:14 Enforcement. –||The department may:||I. Issue an order to any person in violation of this chapter, a permit issued under this chapter, or a rule adopted under this chapter to comply with this chapter, the permit, or the rule, and require such remedial measures as may be necessary; or||II. Request the attorney general to bring a civil action in superior court for appropriate relief, including a temporary or permanent injunction or both, to enforce any provision of this chapter or any permit, rule, or order issued pursuant to this chapter.|||Source. 1981, 413:2. 1983, 137:8; 227:3. 1986, 202:6, I(e). 1996, 228:107, eff. July 1, 1996.|
NH Rev Stat § 147-A:14-a (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-A - Hazardous Waste Management|Section 147-A:14-a - Recording of Orders.

    147-A:14-a Recording of Orders. –||Any order issued by the department pursuant to this chapter may be recorded in the registry of deeds for the country in which the subject facility is situated. A recorded order shall run with the land, provided that an appropriate description of the land involved including the accurate name of the owner thereof shall be included in the order. No fee shall be charged for recording an order; however, a fee may be charged for discharging an order.|||Source. 1983, 137:9. 1986, 202:6, I(e). 1996, 228:107, eff. July 1, 1996.|
NH Rev Stat § 147-A:15 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-A - Hazardous Waste Management|Section 147-A:15 - Appeals.

    147-A:15 Appeals. –||I. Any person aggrieved by an action of the department may appeal to the waste management council established under RSA 21-O:9 for review of:||(a) A decision of the department to grant, deny, modify, suspend or revoke an operator or transporter permit; or||(b) An order issued by the department relative to this chapter.||II. The waste management council may affirm, deny or modify the decision or order of the department. The council shall conduct its appeals in accordance with rules adopted under RSA 21-O:14.||III. Rehearings and appeals from a decision of the council shall be in accordance with RSA 541.|||Source. 1981, 413:2. 1983, 227:3; 291:1, I. 1986, 202:6, I(e). 1989, 341:6. 1996, 228:107, eff. July 1, 1996.|
NH Rev Stat § 147-A:16 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-A - Hazardous Waste Management|Section 147-A:16 - Criminal Penalty; Fine.

    147-A:16 Criminal Penalty;  Fine. –||I. Any person shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person who knowingly:||(a) Violates any provision of RSA 147-A or any rule adopted by the commissioner relative to RSA 147-A;||(b) Violates any term or condition of a permit or an order issued under RSA 147-A;||(c) Makes or certifies a material false statement relative to any document required by RSA 147-A; or||(d) Tampers with a monitoring device or fails to comply with a monitoring method required under RSA 147-A.||II. Notwithstanding RSA 651:2, a natural person may, in addition to any sentence of imprisonment, probation or conditional discharge, be fined not more than $50,000 if found guilty of any violation of RSA 147-A:16, I. Each day of violation shall constitute a separate offense.||III. Criminal penalties and fines imposed under RSA 147-A:16 shall be paid to the New Hampshire hazardous waste cleanup fund established under RSA 147-B:3.||IV. Notwithstanding RSA 106-B:15 or any other provision of law to the contrary, police employees of the department of safety are authorized to conduct investigations, serve criminal process, and make arrests for violations of this chapter and any rules adopted under this chapter.||V. Notwithstanding paragraph I, failure to measure or record liquid hazardous waste by transporters in accordance with RSA 147-A:6 shall be a violation.|||Source. 1981, 413:2. 1983, 137:10; 227:3. 1986, 202:6, I(e). 1989, 300:2. 1990, 65:1. 1996, 228:110, eff. July 1, 1996.|
NH Rev Stat § 147-A:16-b (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-A - Hazardous Waste Management|Section 147-A:16-b - Special Rules Relative to Knowing Endangerment.

    147-A:16-b Special Rules Relative to Knowing Endangerment. –||I. In determining whether a natural person knew that his or her conduct placed another in imminent danger of death or serious bodily injury, knowledge possessed by another may not be attributed to that person. Circumstantial evidence may be used to prove possession of actual knowledge.||II. In addition to other available affirmative defenses, it is an affirmative defense that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of:||(a) an occupation, a business or a profession; or||(b) medical treatment or medical or scientific experimentation conducted by professionally approved methods and such other person has been made aware of the risks involved prior to giving consent.|||Source. 1993, 159:3, eff. May 24, 1993.|
NH Rev Stat § 147-A:17 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-A - Hazardous Waste Management|Section 147-A:17 - Civil Forfeiture.

    147-A:17 Civil Forfeiture. –||I. Any person shall be subject to a civil forfeiture of up to $50,000 for each day of a continuing violation, in addition to enforcement by injunctive relief, who violates:||(a) Any provision of RSA 147-A or any rule adopted by the commissioner relative to RSA 147-A; or||(b) Any term or condition of a permit or an order issued under RSA 147-A.||II. Civil forfeitures levied under RSA 147-A:17, I, shall be paid to the New Hampshire hazardous waste cleanup fund established under RSA 147-B.||III. In addition to any civil forfeiture imposed under RSA 147-A:17, I, any person who violates or causes or suffers a violation of RSA 147-A:17, I, shall be strictly liable without regard to fault for costs directly or indirectly resulting from the violation relating to:||(a) Containment of hazardous wastes;||(b) Necessary cleanup and restoration of the site and the surrounding environment; and||(c) Removal of the hazardous wastes.|||Source. 1981, 413:2. 1983, 227:3. 1986, 202:6, I(e). 1996, 228:110, eff. July 1, 1996.|
NH Rev Stat § 147-A:17-a (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-A - Hazardous Waste Management|Section 147-A:17-a - Administrative Fines.

    147-A:17-a Administrative Fines. –||I. The commissioner of the department of environmental services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter including any rule adopted under the provisions of this chapter. Rehearings 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 paragraph for violations of this chapter as provided above.||(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 hazardous waste cleanup fund established by RSA 147-B.|||Source. 1989, 22:1. 1995, 217:4, eff. Jan. 1, 1996.|
NH Rev Stat § 147-A:18 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-A - Hazardous Waste Management|Section 147-A:18 - Interstate Cooperation.

    147-A:18 Interstate Cooperation. –||The general court encourages cooperative activities by the department with other states for the improved management of hazardous wastes; for improved, and so far as is practicable, uniform state laws relating to the management of hazardous wastes; and for compacts between this and other states for the improved management of hazardous wastes.|||Source. 1981, 413:2. 1983, 227:3. 1986, 202:6, I(e). 1996, 228:107, eff. July 1, 1996.|
NH Rev Stat § 147-A:19 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-A - Hazardous Waste Management|Section 147-A:19 - Limits.

    147-A:19 Limits. –||Nothing contained in this chapter shall be construed to modify or limit the duties and authority conferred upon the department under RSA 146-A, RSA 485, RSA 485-A, or RSA 125-C.|||Source. 1981, 413:2. 1989, 339:18. 1996, 228:33, eff. July 1, 1996.|
NH Rev Stat § 147-A:20 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-A - Hazardous Waste Management|Section 147-A:20 - Severability.

    147-A:20 Severability. –||If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are severable.|||Source. 1981, 413:2, eff. June 23, 1981.|
NH Rev Stat § 147-B:1 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-B - Hazardous Waste Cleanup Fund|Section 147-B:1 - Findings and Purpose.

    147-B:1 Findings and Purpose. –||I. The general court hereby finds that as a result of past hazardous waste dumping activities, the potential for spills of hazardous materials and the present lack of proper hazardous waste treatment, storage or disposal facilities within the state, the problem of managing movement of hazardous materials and hazardous waste in the state has become a matter of great concern.||II. The general court hereby declares that the purpose of RSA 147-B is to provide for the proper, adequate and safe cleanup of sites within New Hampshire where hazardous wastes or materials have been improperly discharged, disposed of or spilled. It is further the purpose of this chapter to support the regulatory and enforcement efforts associated with such cleanups, the transportation of hazardous wastes, and the proper permitting of hazardous waste facilities.||III. Nothing contained in this chapter is intended to duplicate the functions set forth in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Public Law 96-510.|||Source. 1981, 413:3. 1990, 253:3. 1991, 226:4, eff. July 1, 1991.|
NH Rev Stat § 147-B:3 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-B - Hazardous Waste Cleanup Fund|Section 147-B:3 - New Hampshire Hazardous Waste Cleanup Fund Established.

    147-B:3 New Hampshire Hazardous Waste Cleanup Fund Established. –||I. There is hereby established the New Hampshire hazardous waste cleanup fund to be used for the purposes of this chapter.||II. This nonlapsing, revolving special fund is hereby continually appropriated to be expended by the department in accordance with RSA 147-B. All moneys not currently needed to meet the obligations of the department shall be deposited with the state treasurer who shall keep this money in a separate fund, designated the New Hampshire hazardous waste cleanup fund, notwithstanding RSA 6:12. The state treasurer shall invest the moneys deposited with him as provided by law. Interest received on investments made by the state treasurer shall also be credited to the fund.||III. [Repealed.]|||Source. 1981, 413:3. 1983, 227:6. 1986, 158:21; 202:6, I(e). 1996, 228:107, eff. July 1, 1996.|
NH Rev Stat § 147-B:4 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-B - Hazardous Waste Cleanup Fund|Section 147-B:4 - Siting Program.

    147-B:4 Siting Program. –||I. The department shall allocate $ 60,000 annually from the fund for the development and implementation of a hazardous waste facility siting program. This program may include the establishment by the state of hazardous waste facility sites in the state to facilitate proper hazardous waste management.||II. Funds allocated to the siting program shall be accounted for separately and managed in accordance with rules adopted by the commissioner. The commissioner may expend moneys from the siting program fund with the approval of governor and council for the purposes of this section.||III. The department, with the assistance of the department of energy, shall administer the hazardous waste facility siting program established under paragraph I. The department and department of energy shall survey the state to identify potential sites within the state which conform to siting criteria adopted under RSA 147-A:3. Following identification of potential sites, the department shall notify the governing body of the town in which the potential site is located.||IV. [Repealed.]|||Source. 1981, 413:3. 1983, 227:5. 1986, 120:1; 202:6, I(e). 1996, 228:107, 110. 2003, 319:9. 2004, 257:44, eff. July 1, 2004. 2007, 219:11, I, eff. July 1, 2007. 2017, 156:64, eff. July 1, 2017. 2021, 91:200, eff. July 1, 2021.|
NH Rev Stat § 147-B:5 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-B - Hazardous Waste Cleanup Fund|Section 147-B:5 - Certification by Governor.

    147-B:5 Certification by Governor. –||The governor, upon the recommendation of the commissioner, may certify that circumstances exist which require use of the fund when the treatment, storage, transportation, or disposal of hazardous waste or hazardous materials may cause immediate or long-term danger to the environment or public health and welfare.|||Source. 1981, 413:3. 1983, 227:5. 1986, 202:6, I(e). 1996, 228:105, eff. July 1, 1996.|
NH Rev Stat § 147-B:7 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-B - Hazardous Waste Cleanup Fund|Section 147-B:7 - Rulemaking.

    147-B:7 Rulemaking. –||I. The commissioner shall adopt rules, after public hearing and pursuant to RSA 541-A, relative to:||(a) Time, amount and manner of payment of hazardous waste cleanup fund fees;||(b) Required records to be kept by generators and by facility owners or operators of the type and quantity of hazardous waste generated and received;||(c) Certified reports required to be submitted with fee payments by generators and by facility owners and operators;||(d) Exemption from the generator fee for generators participating in hazardous waste recycling programs; and||(e) The exemptions, limitations of liability, and lien priority provisions for holders and fiduciaries, including qualifying holders.||II. The commissioner shall adopt rules, after public hearing and pursuant to RSA 541-A, relative to:||(a) Administration of funds allocated to the siting program under RSA 147-B:4, I; and||(b) Purposes for which funds in the siting program may be used, including, but not limited to:||(1) Obtaining independent investigations of proposed sites;||(2) Providing financial assistance to local officials, planning groups, or citizen groups for the study and development of sites;||(3) Obtaining the assistance of an impartial mediator for the voluntary settlement of disputes over the development of sites.||III. The commissioner shall adopt rules, after public hearing and pursuant to RSA 541-A, relative to:||(a) Administration of funds used for the household hazardous waste cleanup projects under RSA 147-B:6, I-a.||(b) Purposes for which funds for such projects may be used.||(c) Types of household hazardous waste projects that may be conducted using fund moneys.||(d) Criteria under which such projects shall be conducted, including, but not limited to, the financial, contractual, safety, and educational requirements for such projects.||IV. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to procedures and criteria for funding used oil collection centers as provided in RSA 147-B:13, and relative to the annual reports submitted by used oil transporters as provided in RSA 147-B:14.||V. [Repealed.]|||Source. 1981, 413:3. 1983, 137:12, 13; 227:6. 1985, 346:3. 1986, 202:6, I(e). 1993, 323:14. 1994, 364:5. 1996, 8:7; 228:110. 2002, 74:4, I, eff. June 30, 2002.|
NH Rev Stat § 147-B:8 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 147-B - Hazardous Waste Cleanup Fund|Section 147-B:8 - Hazardous Waste Cleanup Fund Fees.

    147-B:8 Hazardous Waste Cleanup Fund Fees. –||I. Each hazardous waste generator that generates in a 3-month period 660 pounds or more of unrecycled hazardous waste shall pay a quarterly fee of $0.06 per pound or a minimum of $100, to the department.||I-a. [Repealed.]||II. In computing the amount of hazardous waste generated in a 3-month period, a generator may deduct from the amount of hazardous waste generated the amount of hazardous waste recycled, in a manner approved by the department.||III. A quarterly fee shall be assessed on each hazardous waste facility located in New Hampshire that receives hazardous waste from out-of-state for the purpose of treating, storing, or disposing of such waste. Said fee shall be based solely on hazardous waste received by the facility from out-of-state sources. The fee on such waste shall be no more than $.007 per kilogram ($.003 per pound). The facility's owner or operator shall make the appropriate quarterly fee payments to the department.||IV. The department shall deposit fees collected under this section into the cleanup fund.||V. Failure to pay fees within 60 days of the date due shall result in the assessment of interest at a rate established by the commissioner. The commissioner may waive all or any portion of interest for good cause. The department shall deposit interest collected under this section into the cleanup fund.|||Source. 1981, 413:3. 1983, 137:14; 227:6. 1986, 202:6, I(e). 1990, 3:78. 1992, 178:3. 1994, 364:14, III. 1996, 228:107. 1999, 232:1, eff. Jan. 1, 2000. 2007, 219:4, 5, eff. July 1, 2007.|