2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:11-a - Oil Pollution Control Fund.

146-A:11-a Oil Pollution Control Fund. –
I. There is hereby established the New Hampshire oil pollution control fund. This nonlapsing, revolving fund shall, at a minimum, pay the salaries and expenses of the persons specified in RSA 146-A:11, except as the legislature may otherwise determine, as well as the costs to implement the provisions of RSA 146-A which include, but are not limited to, the salaries and expenses of additional personnel to the extent that such salaries and expenses are incurred in implementing the provisions of this chapter, and the other costs of containment or removal or corrective measures deemed necessary by the department of environmental services as a result of an actual or potential oil discharge into or onto the surface water or groundwater of the state. Moneys from the fund shall be used to mitigate the adverse effects of oil discharges including, but not limited to, provision of emergency water supplies to persons affected by such pollution, and, where necessary as determined by the department of environmental services, the establishment of an acceptable source of potable water to injured third parties. Not more than 10 percent of the moneys in the fund shall be allocated annually for research programs dedicated to the development and improvement of preventive and cleanup measures concerning such oil discharges. In the event of an oil discharge, the department of environmental services may expend, with the approval of governor and council, such additional sums as are necessary to clean up the discharge except that the total amount expended may not exceed the balance in the New Hampshire oil pollution control fund. Income derived from the oil pollution control fund shall only be used for those administrative costs needed to implement RSA 146-A and any other costs cited in this section.
[Paragraph II effective until July 1, 2025 at 12:01 a.m.; see also paragraph II set out below.]
II. Moneys in the fund not currently needed to meet the obligations of the department of environmental services under this chapter shall be deposited with the state treasurer to the credit of said fund and may be invested as provided by law. Interest received on such investment shall also be credited to the fund.
[Paragraph II effective July 1, 2025 at 12:01 a.m.; see also paragraph II set out above.]
II. Moneys in the fund not currently needed to meet the obligations of the department of environmental services under this chapter shall be deposited with the state treasurer to the credit of said fund and may be invested as provided by law. Interest received on such investment shall also be credited to the fund. If the fund's balance becomes greater than $5,000,000, the license fees established in RSA 146-A:11-b, II shall be discontinued and only re-established when the fund's balance is 20 percent below the $5,000,000 balance.
III. Corrective measures authorized by this chapter shall include but not be limited to:
(a) Provision of interim water supplies to residents whose water supplies have been contaminated due to an oil discharge;
(b) Where necessary, as determined by the department of environmental services, the establishment of an acceptable source of potable water to injured third parties;
(c) Damage mitigation and prevention procedures established pursuant to RSA 146-A:11-c, V-a;
(d) Cleanup of pollution caused by spillage or discharge of oil;
(e) [Repealed.]
(f) Removal of underground storage facilities or other petroleum storage facilities which are not in compliance with the requirements of RSA 146-A or RSA 146-C.
IV. [Repealed.]
V. [Repealed.]
VI. All funds paid to the state to reimburse costs paid out of the oil pollution control fund by any person strictly liable to the state under RSA 146-A:3-a and 146-C:11 shall be placed in the oil pollution control fund.
Source.
1985, 287:6. 1986, 202:6, I(a). 1987, 377:2. 1988, 271:4, 9, II, III. 1990, 196:1. 1991, 92:14-16, 45, II. 1993, 54:1. 1996, 228:108. 1998, 357:1, eff. July 1, 1998. 2014, 137:2, eff. June 16, 2014. 2015, 142:2, eff. July 1, 2015; 142:3, eff. July 1, 2025 at 12:01 a.m.