reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-A - Hazardous Waste Management › Section 147-A:7 - Inspections; Right of Entry.

147-A:7 Inspections;  Right of Entry. –
I. For the purpose of determining compliance with this chapter, any rule adopted by the department relative to this chapter or any permit issued by the department, an employee or an authorized representative of the department may, upon presentation of appropriate credentials and at any reasonable time:
(a) Enter any hazardous waste facility;
(b) Inspect, photograph, and obtain samples of any waste, including samples from containers or vehicles which the department has reason to believe contain hazardous wastes; and
(c) Inspect and copy any records, information or test results relating to wastes.
II. Information obtained by the department under this chapter which, in the judgment of the federal Environmental Protection Agency or the department, constitutes a trade secret, shall not be disclosed to the public without notice to the owner of the trade secret and an opportunity for hearing. The department may provide information relating to trade secrets to the Environmental Protection Agency, provided that the Environmental Protection Agency guarantees the same degree of confidentiality provided by the department.
Source.
1981, 413:2. 1983, 227:3. 1986, 202:6, I(e). 1989, 6:1. 1996, 228:107, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-A - Hazardous Waste Management › Section 147-A:9 - Strict Liability of Owner, Operator, Generator, or Transporter.

147-A:9 Strict Liability of Owner, Operator, Generator, or Transporter. –
I. Any owner, operator, generator, or transporter who causes or suffers the treatment, storage, transportation or disposal of hazardous waste in violation of RSA 147-A or rules adopted or permits issued under RSA 147-A or RSA 106-A:17-RSA 106-A:19 or rules adopted by the commissioner of the department of safety under RSA 106-A:18 shall be strictly liable 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.
I-a. Government entities, including their employees, shall not be liable for the release of hazardous waste during the lawful transportation of locally collected household hazardous waste over the byways of the state, to regional hazardous waste collection centers or in-state or out-of-state disposal facilities in the absence of willful, wanton or reckless conduct. In the event of a release during such transport, the department of environmental services shall be responsible for containment of household hazardous wastes, removal of the household hazardous wastes, necessary cleanup and restoration of the affected site and the surrounding environment, and any required evaluation, assessment, and monitoring associated with the release. Any costs associated with such containment, removal, cleanup, and restoration, and any required evaluation, assessment, and monitoring shall be a charge against the hazardous waste cleanup fund established in RSA 147-B:3.
II. The attorney general may bring an action to recover costs of containment, cleanup, or removal incurred by the department, the state, or both. This action may be brought in connection with an action for injunctive relief or in a separate action in the superior court. In connection with an action brought under this paragraph, the attorney general may obtain a prejudgment attachment in accordance with RSA 511-A to secure any judgment which may be recovered.
III. 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.
1981, 413:2. 1983, 227:3. 1986, 202:6, I(e). 1994, 199:12. 1996, 228:107, eff. July 1, 1996; 266:8, eff. June 10, 1996. 2006, 282:1, eff. Sept. 13, 2006.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-B - Hazardous Waste Cleanup Fund › Section 147-B:9 - Exemptions.

147-B:9 Exemptions. –
The following shall not be subject to the fees established in RSA 147-B:8:
I. Sludge from publicly owned treatment works located in the state, as defined in rules adopted by the commissioner;
II. Bottom boiler ash and flyash from incinerators which process solely municipal waste, as defined in rules adopted by the commissioner;
III. Hazardous wastes which are recycled and exempt from the fee under RSA 147-B:8, II; and
IV. Wastes resulting from the remediation of environmentally contaminated properties by persons who meet one of the following eligibility criteria:
(a) The person is not liable under RSA 147-B for any release or threatened release of a contaminant or contaminants at the property and is either:
(1) A prospective purchaser of environmentally contaminated property, or
(2) A person who holds a mortgage interest or other security interest in environmentally contaminated property, including a municipality with respect to property on which there are overdue real estate taxes due to the municipality.
(b) The person is a current owner of environmentally contaminated property, whose liability under RSA 147-B is based solely on the person's status as owner, who did not generate the hazardous waste which constitutes the contamination on the property, and who has not operated, managed, or controlled, either directly or indirectly, the hazardous waste facility on the property.
V. Soil that is a hazardous waste due to lead contamination resulting from the use of the area as a shooting range, provided that clean-up is initiated and completed by the owner in accordance with all applicable laws and department requirements.
VI. Household hazardous waste.
Source.
1981, 413:3. 1983, 227:6. 1986, 202:6, I(e). 1992, 178:4. 1994, 364:6. 1996, 228:110. 1997, 269:2. 2000, 170:1. 2003, 148:6, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-B - Hazardous Waste Cleanup Fund › Section 147-B:10-a - Defenses; Liability of Landowners Limited.

147-B:10-a Defenses;  Liability of Landowners Limited. –
I. There shall be no liability under RSA 147-B:10, I for a person otherwise liable who can establish by a preponderance of the evidence that the release or threat of release of hazardous wastes or hazardous materials, and the resulting damages were caused solely by:
(a) An act of God;
(b) An act of war; or
(c) An act or omission of a third party other than an employee, agent, or independent contractor of the defendant, if the defendant establishes by a preponderance of the evidence that the defendant exercised due care with respect to the hazardous wastes or hazardous materials concerned, taking into consideration the characteristics of such hazardous wastes or hazardous materials, in light of all relevant facts and circumstances, and that the defendant took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions.
II. Notwithstanding any other provision of law, an owner or former owner of property shall not be held strictly liable solely on the basis of such property ownership for the treatment or cleanup of hazardous waste or hazardous materials discovered on such property if:
(a) The owner or former owner did not, in any way, cause, materially contribute to, or impede remediation of the hazardous wastes or hazardous materials contamination.
(b) The owner or former owner reported the existence of the hazardous wastes or hazardous materials to the appropriate authorities within a reasonable time of discovery.
(c) The owner or former owner can prove that the owner or former owner had no knowledge or reason to know of the hazardous wastes or hazardous materials on the property prior to their purchase of the property. To establish that the owner or former owner had no reason to know, as provided in this subparagraph, the owner or former owner must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability.
III. Notwithstanding any other provision of law, an owner or former owner of property shall not be held strictly liable for the treatment or cleanup of hazardous waste, hazardous material, oil as defined in RSA 146-A:2, III, or hazardous substance as defined in RSA 146-C:1, VII-a that are discovered on the property if:
(a) The owner or former owner did not, in any way, cause or materially contribute to the contamination of the property; and
(b) The contamination migrated onto the property from a source that, at the time of discovery of the contamination, was located on another property.
Source.
1986, 119:6. 1989, 355:1. 1996, 266:10, eff. Aug. 9, 1996. 2023, 96:1, eff. June 20, 2023.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-B - Hazardous Waste Cleanup Fund › Section 147-B:11 - Penalty; Fine.

147-B:11 Penalty;  Fine. –
I. Any generator shall be guilty of a misdemeanor who:
(a) Does not pay the fee required in RSA 147-B:8; or
(b) Knowingly gives or causes to be given any false information in reports, records, or documents required by the department under RSA 147-B.
II. Each day of violation of RSA 147-B:11, I, shall constitute a separate offense. Notwithstanding RSA 651:2, each violation of RSA 147-B:11, I, shall be punishable by a fine not to exceed $100 a day.
III. Fines paid for violations of RSA 147-B:11, I, shall be deposited into the fund, notwithstanding RSA 618:2.
Source.
1981, 413:3. 1983, 227:6. 1986, 202:6, I(e). 1996, 228:107, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-B - Hazardous Waste Cleanup Fund › Section 147-B:11-a - Annual Report.

147-B:11-a Annual Report. –
The department shall submit an annual report by October 1 of each year to the governor and council, speaker of the house of representatives, and president of the senate, relative to the activities and finances of the hazardous waste cleanup fund.
Source.
2007, 219:12, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-B - Hazardous Waste Cleanup Fund › Section 147-B:12 - Automotive Oil Fee.

147-B:12 Automotive Oil Fee. –
I. A fee of $.02 per gallon of automotive oil shall be assessed at the time of import to this state. Persons licensed under RSA 146-A:11-b, II shall be liable for payment of this additional fee which shall be collected and enforced by the department of safety in the manner described in RSA 146-A:11-b. The department of environmental services may waive all or any portion of penalties or interest for good cause. All fee revenues shall be deposited in the hazardous waste cleanup fund in accordance with RSA 147-B:6, I-d.
II. The department of environmental services may apply for, request, solicit, contract for, receive, and accept gifts, grants, donations, and other assistance from any source to carry out the purposes of this subdivision.
Source.
1994, 364:7; 364:11. 1996, 228:107. 1997, 269:4, eff. July 1, 1998 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-B - Hazardous Waste Cleanup Fund › Section 147-B:13 - Use of Money Collected.

147-B:13 Use of Money Collected. –
I. The department shall use the money collected under RSA 147-B:12 to:
(a) Award grants to pay for the costs associated with the establishment, improvement, or operation of used oil collection centers at public facilities such as fire stations, police barracks, highway departments, county garages, solid waste facilities, or other suitable locations; and provide technical assistance to persons who organize such programs. Political subdivisions and other government entities shall be eligible for grants not to exceed $2,500 on an annual basis for the costs associated with the establishment or improvement of used oil collection facilities. In addition, political subdivisions and other government entities shall be eligible for grants on an annual basis for costs associated with the off-site transportation and recycling of used oil collected from individuals disposing of used oil. Non-profit organizations that focus on waste management and recycling issues, and private businesses that are registered state motor vehicle inspection stations, shall be eligible for grants not to exceed $2,500 on an annual basis for the costs to establish a used oil collection facility. In providing funding under this subparagraph, priority shall be given to reimburse political subdivisions without public collection centers, followed by political subdivisions that have established collection centers, followed by other government entities, state motor vehicle inspection stations, and non-profit organizations. Political subdivisions that use the same center may combine their awards, but in no case shall the amount awarded to a collection center exceed $5,000.
(b) Develop an educational program on the proper use, handling and disposal of used oil by the public and private businesses.
(c) Provide personnel, equipment and services to administer and enforce the provisions of this subdivision and state and federal laws relative to the proper use, handling and disposal of used oil.
II. The commissioner of environmental services may, within the limits of moneys appropriated, pay no more than $10,000 to dispose of all or a portion of a load of contaminated used oil possessed by a political subdivision of the state.
Source.
1994, 364:7. 1996, 228:106, 107. 1997, 269:3. 2000, 146:1, eff. July 22, 2000.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-B - Hazardous Waste Cleanup Fund › Section 147-B:14 - Transporters Report.

147-B:14 Transporters Report. –
Transporters of used oil registered under RSA 147-A shall submit annual reports to the department detailing the amount and type of used oil which they handle and such other information as the department may require. The department shall prepare the report forms and establish the submittal date.
Source.
1994, 364:7. 1996, 228:106, 107. 1999, 52:6, eff. July 20, 1999.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-B - Hazardous Waste Cleanup Fund › Section 147-B:15 - Repealed by 2007, 219:11, II, eff. July 1, 2007.

147-B:15 Repealed by 2007, 219:11, II, eff. July 1, 2007. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-C - Hazardous Waste Facility Review › Section 147-C:1 - Definitions.

147-C:1 Definitions. –
In this chapter:
I. [Repealed.]
II. "Committee" means the municipal hazardous waste facility review committee.
II-a. "Department" means the department of environmental services.
III. "Disposal" means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any hazardous waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters including groundwaters.
IV. "Facility" means any location at which hazardous waste is subjected to treatment, storage, or disposal and may include a facility where hazardous waste has been generated.
V. "Governing body" means the board of selectmen, city council or board of aldermen.
VI. "Hazardous waste" means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:
(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:
(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or
(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged;
(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended.
VII. [Repealed.]
VIII. "Storage" means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.
IX. "Treatment" means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.
Source.
1981, 567:1. 1983, 227:7, 8, 20, I; 291:1, I. 1986, 158:7, 8; 202:6, I(e), 29, VI. 1996, 228:36, 107, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-C - Hazardous Waste Facility Review › Section 147-C:2 - Notification; Review Committee.

147-C:2 Notification;  Review Committee. –
I. When the department receives an application for a new hazardous waste facility, the department shall immediately notify the governing body of the municipality in which the facility is proposed to be located. This requirement shall apply to permit applications for treatment, storage, and disposal facilities. A copy of the application shall accompany the notification.
II. Upon receipt of this notice, the governing body may appoint a municipal hazardous waste facility review committee. Members of the committee shall be appointed by a majority vote of the governing body.
Source.
1981, 567:1. 1983, 227:8. 1986, 158:9; 202:6, I(e). 1996, 228:107. 1998, 64:6. 1999, 53:5, eff. July 20, 1999.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-C - Hazardous Waste Facility Review › Section 147-C:3 - Committee Membership.

147-C:3 Committee Membership. –
There shall be at least 5, but no more than 9, persons appointed to serve on the committee. At least one member shall be a chemical engineer if such a person is available for appointment. The governing body shall:
I. Appoint to the committee one or more members of:
(a) The planning board, if any,
(b) The board of adjustment, if any,
(c) The conservation commission, if any, and
(d) The fire department, if any; and
II. Appoint one of its own members to serve on the committee; and
III. Appoint one or more additional residents of the town to serve on the committee.
Source.
1981, 567:1. 1983, 137:15, eff. Aug. 6, 1983.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-C - Hazardous Waste Facility Review › Section 147-C:4 - Duties of the Committee.

147-C:4 Duties of the Committee. –
I. The committee shall:
(a) Represent the town in the public hearing process relating to the facility's permit application;
(b) Have access to all information given to and comments made to the department, except that information relative to a facility application obtained by the department which, in the judgment of the federal Environmental Protection Agency or the department, constitutes a trade secret shall not be disclosed to the committee without notice to the owner of the trade secret and an opportunity for hearing. The department may provide information relating to trade secrets to the Environmental Protection Agency, provided that the Environmental Protection Agency guarantees the same degree of confidentiality provided by the department. A "trade secret" means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it;
(c) Comprehensively study the immediate and long-term effects of proposed facilities on:
(1) The health and welfare of people in the vicinity of the facility;
(2) The environment; and
(3) The economy of the area in which the facility would be located; and
(d) Submit a report to the department within 30 days of the end of the public hearing process containing the committee's recommendations regarding the proposed facility, including a recommendation as to whether or not the permit should be granted.
II. The committee shall hold public hearings regarding the proposed facility. The committee shall provide notice of the public hearings by publication in at least one newspaper of general circulation in the community at least 2 weeks prior to the public hearing. The committee shall notify individuals owning property which abuts the proposed facility site of the public hearing in writing by certified mail, return receipt requested.
Source.
1981, 567:1. 1983, 227:8. 1986, 158:10; 202:6, I(e). 1989, 398:6. 1996, 228:107, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-C - Hazardous Waste Facility Review › Section 147-C:5 - Funds.

147-C:5 Funds. –
The committee may accept private, state or federal funds to pay for independent investigations on proposed sites and for other purposes associated with this chapter.
Source.
1981, 567:1. 1986, 158:11, eff. July 27, 1986.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-C - Hazardous Waste Facility Review › Section 147-C:6 - Committee's Powers.

147-C:6 Committee's Powers. –
This chapter shall not be deemed to permit the committee to preempt the powers of any local board or other local authority relative to the regulation of zoning and planning.
Source.
1981, 567:1, eff. June 30, 1981.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-C - Hazardous Waste Facility Review › Section 147-C:7 - Rehearing.

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