reglab/statecodes huggingface dataset:
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-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V-b. [Repealed.]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 [Repealed.]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IX, X. [Repealed.]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 [Repealed.]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 [Repealed.]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 [Repealed.]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 [Repealed.]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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:16 - Orders; Injunctions.

146-A:16 Orders;  Injunctions. –
I. The department is authorized to issue an administrative order directing any person to cease activity violating this chapter or any rule adopted under the provisions of this chapter, to take action necessary to comply with this chapter or any rule adopted under the provisions of this chapter, or to institute corrective or remedial measures in response to the spillage or discharge of oil or any other violations of this chapter or rules adopted under the provisions of this chapter.
II. Notwithstanding any other provision of this chapter, the department, upon receipt of information that the spillage of oil may present an imminent and substantial hazard to human health or the environment, may take the following action:
(a) Issue a cease and desist order against any person responsible for the spillage or discharge of oil;
(b) Order the oil facility owner or operator, or any other person responsible for the spillage or discharge of oil, to take action reasonably required to contain or remove the spillage; and
(c) Request the attorney general to bring an action for injunctive relief, including a mandatory injunction.
III. Appeal of an order issued under this section shall be to the waste management council established in RSA 21-O:9 and in accordance with RSA 21-O:14. Orders of the department issued upon a finding of an imminent and substantial hazard may be appealed, but shall be immediately effective. The effective date of any other order which is appealed shall be the date of the council's affirmance of the order. Appeal of the council's affirmance shall not stay or suspend the effectiveness of the order unless the supreme court grants a stay of the order. The attorney general may bring an action for injunctive relief, including a mandatory injunction, to obtain compliance with or enforcement of the order.
Source.
1991, 92:21. 1996, 228:106. 1998, 316:2, eff. Jan. 1, 1999. 2016, 23:1, eff. Apr. 25, 2016.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:17 - Willful Failure to Comply.

146-A:17 Willful Failure to Comply. –
Any person who is determined to be strictly liable for discharge or spillage of oil and who willfully fails to comply with a department order requiring investigation, containment, cleanup, removal, remedial measures, or corrective measures, shall be liable to the state in double the amount of cost recoverable funds expended by the state in undertaking investigative, remedial, or corrective action.
Source.
1991, 92:21. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:18 - Severability.

146-A:18 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 applications, and to this end the provisions of this chapter are severable.
Source.
2014, 137:6, eff. June 16, 2014.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:19 - Elimination of Gasoline Ethers and Tertiary Butyl Alcohol from Gasoline Supplies.

146-A:19 Elimination of Gasoline Ethers and Tertiary Butyl Alcohol from Gasoline Supplies. –
I. No person, as defined in RSA 146-A:2, VI, shall sell, deliver for sale, import, or cause to be imported into the state for sale any neat gasoline ethers or gasoline containing MtBE, other gasoline ethers, or tertiary butyl alcohol (TBA) in quantities greater than 1/2 of one percent by volume. Nothing in this section shall be interpreted to prohibit the transshipment of MtBE, other gasoline ethers, or TBA content fuel through the state for disposition outside of the state including storage coincident to such shipment.
II. Any person who violates paragraph I shall be subject to administrative fines not to exceed $2,000 for each violation issued by the department of environmental services and civil penalties not to exceed $60,000 for each violation. Each day of a continuing violation shall constitute a separate violation. In addition to civil penalties, the attorney general may institute such legal or equitable action as he or she deems necessary, including an action for injunctive relief.
Source.
2015, 142:1, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-B - Drug Product Selection › Section 146-B:1 - Definitions.

146-B:1 Definitions. –
In this chapter:
I. "Department" means the department of health and human services.
II. "Established name" has the meaning given in section 502(e)(3) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 352(e)(3)).
III. "Equivalent drug product" means a therapeutically equivalent drug product with the same established name, active ingredient strength, quantity and dosage form as the drug product identified in the prescription.
IV. "Prescriber" means a person licensed by the state to prescribe drug products.
Source.
1981, 153:1. 1983, 291:1, I. 1995, 310:101, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-B - Drug Product Selection › Section 146-B:2 - Drug Product Selection.

146-B:2 Drug Product Selection. –
I. Unless instructed otherwise by the person receiving the drug pursuant to the prescription, a pharmacist filling a prescription for a drug product prescribed by its trade or brand name may select an equivalent drug product listed in "Approved Prescription Drug Products with Therapeutic Equivalence Evaluations" as published by the United States Department of Health and Human Services.
II. The pharmacist shall not select an equivalent drug product if the prescriber handwrites "medically necessary" on the written prescription, or when ordering a prescription orally the prescriber specifies that the prescribed drug product is medically necessary. The designation of medical necessity shall not be preprinted or stamped on the prescription. This paragraph shall not preclude a reminder of the procedure required to prohibit selection of an equivalent drug product from being preprinted on the prescription.
III. The pharmacist shall not select an equivalent drug product unless its price to the purchaser is less than the price of the prescribed drug product.
IV. The pharmacist or the pharmacist's agent, assistant or employee shall inform the person receiving the drug pursuant to the prescription of the selection of a lower-cost equivalent drug product and of the person's right to refuse the product selected.
Source.
1981, 153:1. 1983, 43:1, eff. June 20, 1983.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-B - Drug Product Selection › Section 146-B:4 - Prescription Label.

146-B:4 Prescription Label. –
Unless the prescriber instructs otherwise, the label for every drug product dispensed shall include the product's trade or brand name, if any, or its established name and the name of the manufacturer, packer or distributor, using abbreviations if necessary.
Source.
1981, 153:1, eff. July 28, 1981.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-B - Drug Product Selection › Section 146-B:5 - Prescription Record.

146-B:5 Prescription Record. –
The pharmacy file copy of every prescription shall include the trade or brand name, if any, and the name of the manufacturer, and the packer or distributor, of the drug product dispensed, and any instructions as to medical necessity as noted by the prescriber.
Source.
1981, 153:1, eff. July 28, 1981.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-B - Drug Product Selection › Section 146-B:6 - Public Education.

146-B:6 Public Education. –
The department shall assess the need for and, if appropriate, provide for public education regarding the provisions of this chapter. From time to time, the department shall monitor the effects of this chapter.
Source.
1981, 153:1. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-B - Drug Product Selection › Section 146-B:7 - Pharmacist Liability.

146-B:7 Pharmacist Liability. –
A pharmacist who selects an equivalent drug product pursuant to this chapter assumes no greater liability for selecting the dispensed drug product than would be incurred in filling a prescription for a drug product prescribed by its established name.
Source.
1981, 153:1, eff. July 28, 1981.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:2 - Discharges Prohibited.

146-C:2 Discharges Prohibited. –
No owner or operator or other person responsible for the operation of a facility shall discharge or dispose of any oil or hazardous substance as defined in this chapter from any facility into or onto any land, groundwater, or surface water of the state.
Source.
1986, 182:1. 1988, 249:4. 1990, 208:4. 1991, 92:30, eff. May 13, 1991.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:3 - Registration of Underground Storage Facilities.

146-C:3 Registration of Underground Storage Facilities. –
I. The owner of each existing underground storage facility shall register the facility with the department on forms provided by the department and shall provide the following information:
(a) Facility name, location, and mailing address.
(b) Owner's name, mailing address, and telephone number.
(c) Contact person for this facility.
(d) Tank information: the size, age, type of tank material, location (on-site), and product stored.
(e) Demonstration of financial responsibility pursuant to rules adopted under RSA 146-C:9, VII. Proof of eligibility for financial assistance under RSA 146-D shall satisfy the requirement of demonstration of financial responsibility under this subparagraph.
II. The owner of each existing underground storage facility shall register the facility with the department on forms provided by the department, and shall provide the following information to the extent that it may reasonably be available to the owner:
(a) Results of previous tank testings conducted in accordance with department rules, including documentation of test results.
(b) All previous owners and lessees with names and current addresses.
(c) A detailed description of the facility; the size of tanks (physical dimensions), number of fill boxes, number and type of fittings attached to tanks, complete description of underground piping system, type of cathodic protection, date each tank was manufactured, installed, relined, and inspected, and tank manufacturer, and the date and results of the latest tightness test of all underground tanks.
(d) The estimated life expectancy of all inground tanks and appurtenances.
(e) Description and date of past discharges or disposal, remedial actions, ground and surface water monitoring results, and closure plans.
(f) Detailed site plan and layout.
(g) Existing groundwater protection monitoring programs, if any.
III. The owner of a registered underground storage facility shall report any changes in the information provided under paragraph I or II within 10 days of the change.
IV. The registration required under this section shall be maintained for the life of the facility. A registration need not be maintained if the department has received written notice that the registered underground storage facility has been closed by approved procedures according to rules adopted pursuant to RSA 146-C:9, II(i). Any notice of closure shall include the date of such closure.
V. The department shall forward information compiled under this section to the federal Environmental Protection Agency pursuant to 42 U.S.C. 6991a(c).
Source.
1986, 182:1. 1988, 249:5, 6. 1990, 208:5, 6. 1991, 92:31. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:4 - Underground Storage Facility Permit Required.

146-C:4 Underground Storage Facility Permit Required. –
I. No person shall own or operate an underground storage facility in this state without a permit issued by the department. The permit to operate may be revoked in accordance with RSA 541-A:30 for just cause, including, but not limited to, the operation or ownership of an underground storage facility in violation of the department's rules. The revocation shall not take effect until the owner or operator has had an opportunity to be heard by the council, provided such request is made within 20 days of the issuance of the department's decision to revoke the permit. Appeal of a decision revoking a permit to operate shall be governed by RSA 21-O:14. Any appeal brought pursuant to RSA 541 shall not stay a decision by the waste management council which affirms the department's revocation of a permit.
II. The department shall issue or deny a permit to all facilities registered under RSA 146-C:3 within 90 days of the receipt of the complete registration information. A permit issued under this section shall be displayed on the premises of the underground storage facility at all times.
III. [Repealed.]
Source.
1986, 182:1. 1990, 3:73. 1991, 92:32. 1996, 228:28, 106. 2003, 187:5, 6, I, eff. July 1, 2003. 2010, 55:1, eff. May 18, 2010. 2016, 23:2, eff. Apr. 25, 2016.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:5 - Records Required; Inspections.

146-C:5 Records Required;  Inspections. –
I. The operator of an underground storage facility shall keep and reconcile accurate stock inventory records for the purpose of detecting leaks. The records shall be maintained and made available for department inspection and copying for a period of not less than 3 years.
II. For the purpose of developing or assisting in the development of any rule, conducting any study or investigation, instituting any corrective or remedial measures, or enforcing the provisions of this chapter, any owner or operator of a facility subject to regulation under this chapter shall, upon request of any employee or authorized representative of the department, furnish information relating to such facility or its contents, conduct monitoring or testing, permit such employee or authorized representative at all reasonable times to have access to and to copy all records relating to such facility, and permit such employee or authorized representative to have access to the facility for corrective or remedial measures.
III. For the purpose of developing or assisting in the development of any rule, conducting any study or investigation, instituting corrective or remedial measures, or enforcing the provisions of this chapter, department employees or authorized representatives may, upon the presentation of appropriate credentials:
(a) Enter at reasonable times any site where a facility regulated under this chapter is located.
(b) Inspect and obtain samples from any person of any regulated substances in such facility.
(c) Conduct monitoring or testing of the tanks, associated equipment, contents, or surrounding soils, air, surface water or groundwater.
(d) Institute corrective or remedial measures.
IV. 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 as does the department.
Source.
1986, 182:1. 1988, 249:7, 8. 1991, 92:33-35. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:6 - Transfer of Ownership.

146-C:6 Transfer of Ownership. –
Prior to the transfer of ownership of an underground storage facility, the transferor shall notify the transferee of the transferor's compliance with the rules of the department under this chapter. When a transfer of ownership takes place, the new owner shall notify the department of the transfer and shall assume the permit issued to the previous owner.
Source.
1986, 182:1. 1991, 92:36. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:6-a - Exemption.

146-C:6-a Exemption. –
The provisions of RSA 146-C:3, 4, 5, I and 6 shall not apply to facilities no longer in use on January 1, 1974. The provisions of RSA 146-C:4, 5, I and 6 shall not apply to facilities taken out of use on or after January 1, 1974, and closed according to rules adopted under RSA 146-C:9, II(i).
Source.
1988, 249:9, eff. June 29, 1988.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:7 - New Facilities.

146-C:7 New Facilities. –
I. Prior to commencing construction or installation of a new facility or substantial modification of an existing facility, an owner shall submit plans and specifications to the department and obtain written approval of those plans. Such plans shall be approved by an engineer licensed to practice in the state of New Hampshire on forms provided by the department. Within 90 days of submission of completed plans, the department shall send the owner written notice of approval or disapproval. Failure to send a notice shall be deemed to be approval of the plans.
I-a. Any person, except state and local governments, including counties, and school districts, submitting plans and specifications for a new facility shall pay to the department a fee of $100. Such fee shall be for reviewing such plans and specifications and for making inspections during installation. The fees shall be deposited with the state treasurer as unrestricted revenues.
II. An owner shall not cause or allow any construction or other activity which is not in accordance with the approved plans and all terms and conditions of the department's approval of those plans.
III. An owner shall demonstrate financial responsibility pursuant to rules adopted under RSA 146-C:9, VII. Proof of eligibility for financial assistance under RSA 146-D shall satisfy the requirement of demonstration of financial responsibility under this paragraph.
Source.
1986, 182:1. 1988, 249:10. 1990, 3:74. 1991, 92:37. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:8 - Prohibition Against Reusing Tanks.

146-C:8 Prohibition Against Reusing Tanks. –
Tanks which are removed and do not meet the standards for new tanks shall not be reinstalled for the purpose of oil or hazardous substance storage. If a tank meets the standards, it may be reinstalled for oil or hazardous substance storage if after thorough cleaning and inspection, internally and externally, it is found to be structurally sound and free of pinholes, cracks, structural damage, or excessive corrosion. Such tanks shall be reinstalled in accordance with requirements of this chapter. A tank once used for oil or hazardous substance shall not be reused for a food product. If a tank is to be disposed of as junk, it must be retested for oil or hazardous substance vapors, rendered vapor free if necessary, and punched with holes to make it unfit for further use.
Source.
1986, 182:1. 1990, 208:7, eff. June 26, 1990.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:9 - Rulemaking.

146-C:9 Rulemaking. –
The commissioner shall adopt rules, under RSA 541-A, relative to:
I. Procedures, forms, and information required for registration of underground storage facilities, as authorized by RSA 146-C:3.
II. Procedures, forms, and criteria for issuing and renewing permits, as authorized by RSA 146-C:4. Criteria for permits shall include, but not be limited to:
(a) Minimum standards for repairing an underground steel tank.
(b) Tank replacement schedules.
(c) Tank testing schedules.
(d) Minimum standards for new underground tanks.
(e) Standards for fiberglass, fiberglass clad, and steel tanks.
(f) Standards for leak monitoring at underground storage facilities.
(g) Minimum standards for secondary containment for underground storage facilities.
(h) Minimum standards for piping systems at underground storage facilities.
(i) Procedures for the temporary and permanent closure of underground storage facilities.
(j) Technical and procedural alternatives and exemptions.
III. Requirements for recordkeeping, as authorized by RSA 146-C:5, I.
IV. Procedures for conducting inspections or investigations, as authorized by RSA 146-C:5, II.
V. Procedures, forms, and criteria for approving plans for new underground storage facility construction and installation, as authorized by RSA 146-C:7.
VI. Criteria for determining what constitutes a facility under this chapter including, but not limited to, tank size and capacity.
VI-a. Criteria for determining whether any material is a hazardous substance as defined in this chapter and procedures for such designation.
VII. Criteria for demonstrating financial responsibility for ownership and operation of underground storage facilities.
VIII. Acceptance and distribution of funds from the leaking underground storage tank trust fund established pursuant to 26 U.S.C. section 9508.
IX. [Repealed.]
X. Procedures and criteria for mitigation and prevention of damage due to a discharge from an underground storage facility.
XI. Procedures and criteria for responding to and reporting a discharge from an underground storage facility.
XII. Procedures for conducting tank testing, including qualifications of persons conducting tank testing.
XIII. The exemptions and liability limitations for holders and fiduciaries.
Source.
1986, 182:1. 1988, 249:11. 1990, 3:75; 208:8. 1991, 92:38, 39. 1993, 323:8. 1996, 228:110. 2003, 187:6, II, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:9-a - Orders; Injunctions.

146-C:9-a Orders;  Injunctions. –
I. The department is authorized to issue an administrative order directing any owner or operator or any other person who is strictly liable to cease any activity violating this chapter, to take action necessary to comply with this chapter, and to institute corrective and remedial measures, which shall include the following:
(a) Providing an interim water supply and establishing a permanent alternative water supply system to mitigate damage to the soil, groundwater or surface water.
(b) Removal and abatement of contamination resulting from a discharge from an underground storage facility.
(c) Reimbursement to the state for all costs incurred by the state in responding to a discharge of oil or a hazardous substance from a leaking underground storage facility.
II. Notwithstanding any other provision of this chapter, the department, upon receipt of information that the storage, transmission or dispensing of oil or a hazardous substance at a facility subject to this chapter may present an imminent and substantial hazard to human health or to the environment, may take action as it determines necessary to protect human health or the environment. The action the department may take includes, but is not limited to:
(a) Issuing an order directing the facility owner or operator or any person who is strictly liable under RSA 146-C:11 to take necessary steps to eliminate the hazard. The department may order the permanent or temporary cessation of operations at a facility. Orders of the department issued under this section shall be effective immediately. Any person to whom an order is directed shall immediately comply, but may appeal the order in accordance with paragraph III of this section.
(b) Requesting the attorney general to bring an action for injunctive relief, including a mandatory injunction.
III. Appeal of an order issued under this section shall be to the waste management council established in RSA 21-O:9 and in accordance with RSA 21-O:14.
Source.
1988, 249:12. 1990, 208:9. 1991, 92:40, 41. 1996, 228:106, eff. July 1, 1996. 2016, 23:3, eff. Apr. 25, 2016.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:10 - Penalty.

146-C:10 Penalty. –
I. Any person who owns or operates an underground storage facility without a permit as required by this chapter, who fails to comply with a condition of that permit or of an order issued under RSA 146-C:9-a, or who violates any provision of this chapter or the rules adopted under this chapter relative to underground storage facilities shall be subject to a civil penalty of not more than $10,000 for each violation. Each day of a continuing violation shall count as a separate violation. Such a violation may also be enjoined by the superior court upon application of the attorney general.
II. All moneys collected under this section which pertain to the discharge of oil shall be paid into the oil pollution control fund established under RSA 146-A:11-a. All moneys collected under this section which pertain to discharge of a hazardous substance shall be paid to the hazardous waste cleanup fund established under RSA 147-B:3.
Source.
1986, 182:1. 1987, 377:9. 1988, 249:13. 1989, 230:12. 1991, 92:42, eff. May 13, 1991. 2007, 376:3. eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:10-a - Administrative Fines.

146-C:10-a Administrative Fines. –
The commissioner of the department of environmental services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter including any rule adopted under the provisions of this chapter. Rehearings and appeals from a decision of the commissioner under this section shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines levied pursuant to this section shall be deposited by the commissioner in the oil pollution control fund established under RSA 146-A. The commissioner shall adopt rules, under RSA 541-A, relative to:
I. A schedule of administrative fines which may be imposed under this section for violations of this chapter as provided above; and
II. Procedures for notice and hearing prior to the imposition of an administrative fine.
Source.
1989, 230:8. 1995, 217:3, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:11 - Liability for Cleanup Costs; Municipal Regulations.

146-C:11 Liability for Cleanup Costs;  Municipal Regulations. –
I. Any person who, without regard to fault, directly or indirectly causes or suffers the discharge or disposal of oil or a hazardous substance into or onto any surface water or groundwater of this state, or in a land area where it has seeped or may or will ultimately seep into any surface water or groundwater of the state in violation of this chapter, or rules adopted under this chapter, shall be strictly liable for costs directly or indirectly resulting from the violation relating to:
(a) Containment of the discharged oil;
(b) Cleanup and restoration of the site and surrounding environment, and corrective or remedial measures as defined under RSA 146-A:11-a, III(a) and (b); and
(c) Removal of the oil.
I-a. The owner or operator of a facility shall immediately inform the department of any discharge or disposal in violation of this chapter. Such person shall take immediate action to mitigate damages from such discharge consistent with any applicable rules of the department. If the owner is not the operator of the facility, the operator shall immediately inform the owner of any discharge or disposal in violation of this chapter.
II. Nothing in this chapter shall be construed to prevent the party strictly liable from instituting a legal action against any party responsible for causing the spillage for costs incurred by the strictly liable party in complying with this chapter.
III. Nothing in this chapter shall be construed to pre-empt local zoning or other regulations, properly enacted under other statutes, which reasonably regulate the location of underground storage facilities.
IV. The department shall immediately notify the governing body of a municipality of any leaking underground storage tanks either within the municipality or near the local water supply.
V. [Repealed.]
VI. There shall be no implied cause of action for third party damages against any person under this section to the extent that the person's liability under this section is based solely on the person's ownership of a facility.
Source.
1986, 182:1. 1987, 377:4, 6. 1988, 249:14, 15; 271:9, VII. 1990, 208:10. 1991, 92:43. 1996, 228:106, eff. July 1, 1996; 266:7, eff. June 10, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:11-b - Limited Liability for Fiduciaries.

146-C:11-b Limited Liability for Fiduciaries. –
I. A fiduciary shall not be considered an owner or operator under this chapter in its individual capacity and shall not be liable in its individual capacity under RSA 146-C:11.
II. Nothing in this section shall preclude claims under RSA 146-C:11 against:
(a) A fiduciary in its representative capacity;
(b) The assets of the estate or trust administered by a fiduciary; or
(c) Non-employee agents or independent contractors retained by a fiduciary.
III. Nothing in this section shall preclude claims to recover costs under RSA 146-C:11 against fiduciaries in their individual capacity based on negligence or intentional misconduct. Fiduciaries shall not be attributed with the negligence or intentional misconduct of non-employee agents or independent contractors so long as the fiduciary has conducted itself without fault with regard to its relationship with such non-employee agents or independent contractors.
Source.
1993, 323:9, eff. Aug. 22, 1993.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:11-c - Duty to Report.

146-C:11-c Duty to Report. –
Nothing in RSA 146-C:11-a or 146-C:11-b shall be construed to relieve a holder or fiduciary from any legal duty requiring a report, notification or disclosure of a discharge or disposal of oil or hazardous substance otherwise established under New Hampshire law.
Source.
1993, 323:9, eff. Aug. 22, 1993.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:12 - Federal Assistance and Private Funds.

146-C:12 Federal Assistance and Private Funds. –
I. To implement this chapter, the commissioner is authorized on behalf of the state, with the approval of the governor and council, to apply for and accept any federal assistance which may become available for the purpose of this chapter, whether in the form of loan or grant or otherwise, to accept the provision of any federal legislation for such assistance, to enter into, act, and implement contracts in connection with such assistance, or to act as agent for the federal government in connection with such assistance. The commissioner shall accept and expend funds from the leaking underground storage tank trust fund established by 26 U.S.C. section 9508 in accordance with applicable federal law, the regulations adopted under such law, and the contract or contracts providing for federal assistance, notwithstanding any contrary provision of state law. The commissioner may also utilize any private funds which may be made available for the purposes of this chapter.
II. Cost recovered monies originally expended from the federal leaking underground storage tank trust fund shall be deposited into the oil pollution control fund, established in RSA 146-A:11-a and accounted for separately.
III. [Repealed.]
Source.
1986, 182:1. 1988, 249:16. 1993, 156:1. 1996, 228:106, 110, eff. July 1, 1996. 2007, 138:1, eff. Aug. 17, 2007. 2015, 142:10, 15, VII, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:13 - Penalty; Persons Strictly Liable.

146-C:13 Penalty;  Persons Strictly Liable. –
Any person who is found to be strictly liable for a discharge or spillage of oil, and who willfully fails to comply with a department order requiring investigation, containment, cleanup, removal, remedial measures, or corrective measures, shall be liable to the state in double the amount of cost recoverable funds expended by the state in undertaking investigative, remedial, or corrective action at the site.
Source.
1991, 92:44. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:14 - Delivery Prohibition.

146-C:14 Delivery Prohibition. –
I. No person shall deliver or cause the delivery of oil to a non-compliant storage tank or facility which has been red-tagged.
II. No owner or operator of a facility may deposit or allow the deposit of oil into an underground storage tank or facility that has a red tag affixed to the tank or facility's fill pipe.
III. No person may deposit oil into an underground storage tank or facility that has a red tag affixed to the fill pipe.
IV. No person shall deface, alter, or otherwise tamper with a red tag so that the information contained is not legible.
Source.
2007, 376:2, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:15 - Non-Compliant Storage Tanks or Facilities; Red-Tagging Procedure.

146-C:15 Non-Compliant Storage Tanks or Facilities;  Red-Tagging Procedure. –
The department shall apply the following procedure in determining whether to red-tag a storage tank or facility:
I. The department shall perform an on-site inspection to determine whether a storage tank or facility is non-compliant with department rules for spill prevention, overfill protection, release detection, leak monitoring, or corrosion protection.
II. Upon determining non-compliant status, the department shall provide written notification to the facility owner and facility operator on the nature of the operational deficiencies, the applicable regulatory requirements, options available for correcting the deficiencies, and the deadline for completion of the work.
III. Upon failure of a facility owner or operator to correct such operational deficiencies to the satisfaction of the department by the established deadline, the department shall issue a written notice of "Intent to Red-Tag" to the facility owner and facility operator, and shall provide notification to all oil delivery companies that have requested to receive such notifications. The notice shall include the deadline after which date department personnel will red-tag the non-compliant storage tank or facility. Before affixing a red tag to the fill pipe of an underground storage tank or facility, the agency shall document the level of stored product in the tank or facility.
IV. The department shall publish a current list of all red-tagged storage tanks and facilities in the state, and shall provide notification of list changes to all oil delivery companies that have requested to receive such notification. No person shall be liable for delivery of oil to a non-compliant storage tank or facility that is not included on the department list of red-tagged storage tanks or facilities.
Source.
2007, 376:2, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:16 - Appeals.

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