reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:17 - Operator Training Required.

146-C:17 Operator Training Required. –
I. Effective August 8, 2012, no person shall operate an underground storage facility without designated class A, B, and C operators who have been trained and certified in accordance with an approved training program.
II. (a) By August 8, 2012, owners of then-existing facilities shall submit to the department for each underground storage facility owned in the state a statement signed by both the owner and the designated operators in a format approved by the department identifying the designated class A and B operators, the name of the approved training program by which they are trained, the date that they were certified by the approved training program, and the expiration date regarding their certification.
(b) For facilities that begin operation after August 8, 2012, the information in subparagraph (a) shall be submitted prior to beginning operation.
III. Effective August 8, 2012, owners shall post at each underground storage facility operator response guidelines meeting the requirements of RSA 146-C:19, I.
IV. Effective August 8, 2012, owners shall post at each underground storage facility, and revise when changes occur, a listing of class C operators assigned to that facility that includes the latest date of training, the expiration date regarding the training, and an identification of the approved training program or the name of the certified class A or B operator that trained each class C operator.
V. After August 8, 2012, owners shall revise and resubmit to the department a signed statement that includes the information required in paragraph II whenever there is a change in designated class A or B operators or a change of approved training programs, or when a designated operator has been retrained as ordered by the department pursuant to RSA 146-C:21, within 30 days of the change for each affected underground storage facility.
VI. After August 8, 2012, newly designated class A and B operators shall be trained in accordance with an approved training program within 30 days of being designated. Newly designated class C operators shall be trained in accordance with an approved training program or by a certified class A or B operator before assuming the responsibilities of the class C operator.
VII. Class A, B, and C operators who have been trained and certified by an approved operator training program that has since had its approval revoked pursuant to RSA 146-C:20 shall remain trained and certified unless they are directed by the department to retrain pursuant to RSA 146-C:21 or their certification expires pursuant to the previously approved training program curriculum.
Source.
2010, 102:2, eff. May 26, 2010.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:20 - Revocation of Operator Training Program Approval.

146-C:20 Revocation of Operator Training Program Approval. –
I. If the department determines that an approved operator training program has proven insufficient to adequately train operators as evidenced by inadequately trained operators, significant operational compliance issues, or inability to document that training has been provided, then the department shall revoke the approval of the operator training program.
II. An operator training program may be re-approved if it is demonstrated that all operator training program defects have been corrected and if a revised curriculum and instructor's qualification is submitted to the department and meets the requirements of RSA 146-C:18.
III. An approved operator training program may withdraw as an approved operator training program by making such a request in writing to the department.
Source.
2010, 102:2, eff. May 26, 2010.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-C - Underground Storage Facilities › Section 146-C:21 - Repeating Operator Training.

146-C:21 Repeating Operator Training. –
If the department determines that a facility is not in significant operational compliance with the release prevention and release detection measures of applicable state rules and statutes, or other requirements of this chapter or the implementing rules, then the department shall direct that the responsible class A or B operator be retrained and recertified in accordance with an approved training program, within 30 days or within such other time as the department specifies.
Source.
2010, 102:2, eff. May 26, 2010.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-D - Oil Discharge and Disposal Cleanup Fund › Section 146-D:1 - Purpose.

146-D:1 Purpose. –
The general court finds that gasoline, gasoline ethers and tertiary butyl alcohol (TBA), diesel fuel, heating oil, motor oil, and used motor oil, comprise a sufficiently distinct class of property which represents a potential serious health and safety problem to the citizens of New Hampshire. In particular, gasoline, gasoline ethers, TBA and diesel fuel present a potential threat to the quality of New Hampshire's groundwater, environment and public health of its citizens, because of the speed with which these products are able to flow into, and contaminate, valuable groundwater supplies. In addition, the cost of cleanup of oil discharges is a significant economic burden for which economic assistance is otherwise not available. The purpose of this chapter is to establish financial responsibility for the cleanup of oil discharges and disposal, and to establish a fund to be used in addressing the costs incurred by the owners of public and private water supplies, oil storage facilities, and potential contamination source properties for the prevention and cleanup of oil discharges, to protect groundwater, and for reimbursement of third party damages.
Source.
2015, 142:9, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-D - Oil Discharge and Disposal Cleanup Fund › Section 146-D:2 - Definitions.

146-D:2 Definitions. –
In this chapter:
I. "Above ground storage facility" means a location not regulated under RSA 146-C, consisting of a system of storage tanks, pipes, pumps, and appurtenant structures, singly or in any combination, with a total storage capacity less than or equal to 1,100,000 gallons, which is or has been used for the storage of gasoline and blends, diesel fuel and blends, or oil for on-premise-use heating.
II. "Commissioner" means the commissioner of the department of environmental services.
III. "Department" means the department of environmental services.
IV. "Motor oil storage facility" means a location consisting of a system of storage tanks, pipes, pumps, and appurtenant structures which is, or has been, used for the storage of motor oil or used motor oil.
V. "Oil" means "oil" as defined in RSA 146-A:2, III.
VI. "On-premises-use facility" means a system of storage tanks, pipes, pumps, and appurtenant structures, singly or in any combination, which is or has been used for the storage of fuel oil for on-premise heating.
VII. "Potential contamination source" means a "potential contamination source" as defined in RSA 485-C:7, II.
VIII. "Underground storage facility" means a location consisting of a system of underground storage tanks, pipes, pumps, vaults, fixed containers and appurtenant structures, singly or in any combination, which are used or designated to be used for the storage, transmission, or dispensing of oil, and which are within the size, capacity and other specifications prescribed by rules adopted by the commissioner pursuant to RSA 146-C:9, VI.
Source.
2015, 142:9, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-D - Oil Discharge and Disposal Cleanup Fund › Section 146-D:3 - Fund Established.

146-D:3 Fund Established. –
I. There is established a nonlapsing oil discharge and disposal cleanup fund. This fund shall be used, consistent with the provisions of this chapter, to reimburse costs incurred in cleaning up oil discharges in the groundwater and surface waters and soils of the state and in paying third party damages.
II. The fund shall also be used to pay administrative, technical and legal support required by the oil fund disbursement board in administering the fund, including collection of import fees under RSA 146-A:11-b.
III. Moneys in the fund not currently needed to meet the obligations of the board 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.
Source.
2015, 142:9, eff. July 1, 2015. 2017, 102:1, eff. Aug. 7, 2017.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-D - Oil Discharge and Disposal Cleanup Fund › Section 146-D:4 - Oil Fund Disbursement Board Established; Membership.

146-D:4 Oil Fund Disbursement Board Established;  Membership. –
I. There is established the oil fund disbursement board, to be composed of the following members:
(a) The commissioner of environmental services, or his designee.
(b) The commissioner of safety, or designee.
(c) Three members representing petroleum dealers, distributors, and refiners, appointed by the governor with the consent of the council.
(d) One member, representing fuel oil dealers, appointed by the governor with the consent of the council.
(e) Two public members, appointed by the governor with the consent of the council.
(f) Two members of the senate, appointed by the president of the senate.
(g) Two members of the house of representatives, appointed by the speaker of the house of representatives.
II. The board members shall serve without compensation, except that all non-legislative members shall be reimbursed for mileage incurred on board business at the state employee mileage rate. The legislative members shall be reimbursed for mileage at the legislative rate. Such reimbursements shall be a charge against the oil discharge and disposal cleanup fund established under RSA 146-D:3, I.
III. Any member of the board having an individual interest, or an interest in another business, which may conflict with an issue under consideration by the board, shall not participate in any deliberations or vote of the board on the issue before the board.
IV. Terms for state agency and legislative members shall be the same as their terms in office. Board members appointed under subparagraphs I(c), I(d) and I(e), shall have 3-year terms. Upon term expiration, each appointed member shall hold office until a successor shall be appointed and qualified. Board members may be reappointed to subsequent terms.
Source.
2015, 142:9, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-D - Oil Discharge and Disposal Cleanup Fund › Section 146-D:5 - Board Powers and Duties.

146-D:5 Board Powers and Duties. –
I. The board shall adopt rules, pursuant to RSA 541-A, relative to:
(a) Organization and procedural rules.
(b) Processing applications for reimbursement from the oil discharge and disposal cleanup fund.
(c) Procedures for verifying reimbursement claims presented under this chapter.
(d) Specifying costs in relation to reimbursements claimed.
(e) Developing eligibility criteria in addition to the requirements of RSA 146-D:6.
II. The board shall submit an annual report of the status of the oil discharge and disposal cleanup fund no later than October 1, to the governor and council, speaker of the house, president of the senate, house environment and agriculture committee and senate environment committee.
III. The board, with approval of the governor and council, may employ legal counsel as necessary to perform its duties in administering the oil discharge and disposal cleanup fund.
IV. The board may request that the attorney general issue subpoenas, examine witnesses, or request any other information on behalf of the board for the purposes of determining eligibility for reimbursement under this chapter.
Source.
2015, 142:9, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-D - Oil Discharge and Disposal Cleanup Fund › Section 146-D:7 - Penalties.

146-D:7 Penalties. –
I. Any person who violates the provisions of this chapter shall be subject to the lien provisions provided in RSA 260:63 through RSA 260:65-a.
I-a. Where any liability to the fund under RSA 146-D is not paid as prescribed by the oil fund disbursement board, the amount, including interest together with the costs that may accrue in addition thereto, shall become a lien in favor of the board upon all property and rights to property, whether real or personal, in the same manner as that prescribed in RSA 260:63 through RSA 260:65-a, which provisions shall govern the board's imposition and enforcement of the lien created by this section.
II. Any person who misrepresents any material fact or submits any false material statement, information, or certification to the board shall forfeit any right to reimbursement under this chapter.
III. Any person who recklessly or knowingly misrepresents any material fact or who recklessly or knowingly submits any false material statement, information, or certification to the board shall be guilty of a class B felony if a natural person and guilty of a felony if any other person. Notwithstanding RSA 651:2, a person may, in addition to any sentence of imprisonment, probation, or conditional discharge, be fined not more than $25,000 if found guilty of any violation under this paragraph.
Source.
2015, 142:9, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-D - Oil Discharge and Disposal Cleanup Fund › Section 146-D:8 - Board Administratively Attached.

146-D:8 Board Administratively Attached. –
The oil fund disbursement board shall be administratively attached to the department of environmental services pursuant to RSA 21-G:10.
Source.
2015, 142:9, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:1 - Local Regulations.

147:1 Local Regulations. –
I. The health officers of towns may make regulations for the prevention and removal of nuisances, and such other regulations relating to the public health as in their judgment the health and safety of the people require, which shall take effect when approved by the selectmen, recorded by the town clerk, and published in some newspaper printed in the town, or when copies thereof have been posted in 2 or more public places in the town.
II. The health officers of towns may make regulations relative to the sanitary and health conditions for issuing a license to restaurants or other food serving establishments operating within the town limits, subject to the approval of the commissioner of the department of health and human services.
(a) Notwithstanding any other law to the contrary or other licensing authority, any restaurant or other food serving establishment found to be in violation of the sanitary and health code adopted may be closed without a hearing for a 10-day period or until the violation is corrected and the sanitary condition is approved by the local health officer.
(b) If the sanitary or health violations are not corrected within the 10-day period, the local health officer may suspend the license to operate the restaurant or other food serving establishment after notice and hearing.
III. Any person wilfully violating such regulations shall be guilty of a violation. Such health officers shall forward, when issued, copies of all regulations made by them to the department of health and human services and furnish it such information concerning their work as may be requested. They shall be paid by the town a reasonable compensation for their services and all expenses incurred by them in the performance of their duty; and the selectmen are required to advance them such sums as may be necessary, of which and of all their receipts and disbursements they shall, before each annual town meeting, render an account to the selectmen, to be laid before the town.
Source.
RS 119:1. CS 125:1. GS 101:1. GL 111:1. 1887, 62:4. PS 108:1. PL 140:1, 22, 23. RL 165:1. RSA 147:1. 1981, 211:2. 1983, 291:1, I. 1995, 310:181, 182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:2 - Rulemaking; Enforcement.

147:2 Rulemaking;  Enforcement. –
The commissioner of the department of health and human services shall, in addition to the rules and ordinances of the health officers of towns, adopt other rules pursuant to RSA 541-A, as in the commissioner's judgment the public good requires, and the rules shall be enforced by the department of health and human services and local boards of health. The department of health and human services may also enforce, concurrently with towns, the other provisions of this chapter.
Source.
1885, 14:2. PS 108:2. PL 140:2. 1931, 132:1. RL 165:2. RSA 147:2. 1983, 291:1, I. 1985, 190:80. 1991, 355:39. 1995, 310:181, 182. 1998, 318:4, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:3 - Investigations and Complaints.

147:3 Investigations and Complaints. –
Health officers of towns, and each of them, shall inquire into all nuisances and other causes of danger to the public health, and for the purpose of such investigations, or whenever they shall know or have cause to suspect that any nuisance or other thing injurious to the public health is in any building, vessel, or enclosure they may obtain an administrative inspection warrant under RSA 595-B, including authority to forcibly enter therein and make such search, pursuant to RSA 595-B:5.
Source.
RS 119:2. CS 125:2. GS 101:2. GL 111:2. PS 108:3. PL 140:3. RL 165:3. RSA 147:3. 1991, 231:4, eff. Aug. 9, 1991.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:4 - Removal, Notice.

147:4 Removal, Notice. –
The health officers may notify the owner or occupant of any building, vessel, premises, or property to remove or destroy any nuisance or other thing therein deemed by them, on examination, to be injurious to the public health, within a time limited; and in case the owner or occupant, after such notice in writing, given to the owner or occupant or left at the owner's or occupant's abode, shall neglect to comply with the order, the health officers may forcibly enter and cause the nuisance or other thing to be removed or destroyed.
Source.
RS 119:3. CS 125:3. GS 101:3. GL 111:3. PS 108:4. PL 140:4. 1935, 29:1. RL 165:4. 1998, 318:5, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:5 - Assistants; Resistance.

147:5 Assistants;  Resistance. –
They may employ such assistants and laborers as may be necessary, and if resisted shall have the same powers as sheriffs have to command assistance; and any person wilfully resisting them or their assistants or laborers, in making the search or removing the nuisance or other thing, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
RS 119:4. CS 125:4. GS 101:4. GL 111:4. PS 108:5. PL 140:5. RL 165:5. RSA 147:5. 1973, 528:57, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:6 - Removal Without Notice.

147:6 Removal Without Notice. –
When the owner of a building, vessel or enclosure is unknown to the health officers, or does not reside in town, and the same is unoccupied, or the occupant is, in their opinion, unable to remove the same, they may, without previous notice, immediately cause the nuisance or other thing by them deemed injurious to the public health found therein to be removed or destroyed.
Source.
RS 119:5. CS 125:5. GS 101:5. GL 111:5. PS 108:6. PL 140:6. RL 165:6.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:7 - Expenses.

147:7 Expenses. –
The owner or occupant of a building, vessel or enclosure shall be liable to pay the expense of the removal or destruction of the nuisance or other thing, including the fees of the health officers who order or cause the same to be removed; and the same may be recovered by action brought by the health officers in the name of the town.
Source.
RS 119:6. CS 125:6. GS 101:6. GL 111:6. PS 108:7. PL 140:7. RL 165:7.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:7-a - Notice to Owner.

147:7-a Notice to Owner. –
As a prerequisite to the use of the alternative abatement cost collection procedure under RSA 147:7-b, any notice or order given pursuant to RSA 147:4, 147:11, 147:17, or 147:17-a, shall be in writing and subject to the following requirements:
I. The notice shall contain:
(a) A description of the nuisance or other danger to the public health, including the date of any inspection.
(b) A statement of what corrective action is required, and a reasonable time, in light of the seriousness of the nuisance or other danger to health, within which that action must be taken.
(c) A statement that failure to take the corrective action within that time may result in corrective action being taken by the municipality, and that if this occurs, the municipality's costs shall constitute a lien against the real estate, enforceable in the same manner as real estate taxes, including possible loss of the property, if not paid.
II. The notice shall be sent by registered mail, return receipt requested, to the last known post-office address of the current owner, if known, or of the person against whom taxes are assessed for the property, and to any tenant, occupant, owner's agent, or other person known by the health officer to exercise control over the premises.
Source.
1991, 208:1, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:8 - Toilets; Drains.

147:8 Toilets;  Drains. –
No person shall occupy, lease to any other person, or permit any other person to occupy, a building or any part of a building as a dwelling house, office, store, shop, theater, public hall, sleeping apartment or tourist cabin, unless such building shall have readily accessible adequate toilet and lavatory facilities, properly ventilated and constructed, and kept in proper sanitary condition; and unless said building shall be provided with suitable drains or sewers for conveying waste water and sewage away from the premises into some public sewer, if there be one within 100 feet thereof, and if not, for conveying it away underground or in some other manner that will not be offensive. The phrase "public sewer", as used in this chapter, shall be understood to mean any sewer constructed and maintained by taxation, or any sewer which is open for general use upon the payment of a rental, license or other fee. Notwithstanding the provisions of this section, privies (outhouses not conveying sewage by water) may be allowed if such facilities are first approved by the local municipal health officials as to location and construction of the facilities. At the option of the local municipal health officials, further approval may be required by the department of environmental services, prior to the construction of such facilities. Nothing in this section shall prohibit cities, towns, or village districts, by ordinance or by regulation under RSA 147:1, from increasing the 100-foot distance contained in this section, or from granting waivers to the requirement of connection to the public sewer for properties with adequate alternative sewage disposal systems which comply with applicable state and local regulations, designed by a designer licensed in New Hampshire and approved for construction by the New Hampshire department of environmental services after January 1, 1985.
Source.
1869, 8:1. GL 111:7. 1881, 89:1. PS 108:8. 1907, 106:1. PL 140:8. RL 165:8. 1947, 49:1. RSA 147:8. 1973, 93:1. 1985, 198:1. 1992, 17:1. 1996, 228:111, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:9 - Penalty.

147:9 Penalty. –
Any person neglecting or refusing to comply with the provisions of RSA 147:8 shall be guilty of a violation for each day of neglect or refusal, after notice as provided in RSA 147:4.
Source.
1869, 8:2. GL 111:8. 1881, 89:2. 1887, 62:4. PS 108:9. PL 140:9. RL 165:9. RSA 147:9. 1973, 531:26, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:10 - Nuisances; When; Regulations.

147:10 Nuisances;  When;  Regulations. –
No privy, toilet, sink, drain, cesspool, septic tank, or the discharges from such facilities, and no pen or sty for swine, shall be erected or continued in such place or condition as, in the judgment of the health officers, to be a nuisance or injurious to the public health. The health officer may make, in the manner provided in RSA 147:1, such regulations as necessary to ensure the safety and adequacy of subsurface sanitary disposal systems within the municipality. Nothing in this section shall be construed to limit the authority conferred upon the department of environmental services under RSA 485-A.
Source.
RS 119:9. CS 125:9. GS 101:9. GL 111:11. 1887, 62:2. 1889, 8:1. PS 108:10. PL 140:10. 1935, 29:2. RL 165:10. RSA 147:10. 1985, 212:1. 1989, 339:17. 1996, 228:108, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:11 - Discontinuance; Penalty.

147:11 Discontinuance;  Penalty. –
The health officers may, in writing, order the discontinuance of any nuisance or that a privy located within 100 feet of a public sewer shall be connected to the sewer. In cities or towns having a water and sewerage system, the health officers may, in writing, order the discontinuance of any privy or vault located on premises within 100 feet of a public sewer, and the establishment of a flushing closet connected with such sewer. If any person continues the nuisance after an order from the health officers, or neglects to comply with an order made under this section or RSA 147:4, such person shall be guilty of a violation for each day of the continuance or neglect. Nothing in this section shall prohibit cities, towns, or village districts, by ordinance or by regulation adoption under this chapter, from increasing the 100-foot distance contained in this section.
Source.
RS 119:9. CS 125:9. GS 101:9. GL 111:11. 1887, 62:2. 1889, 8:1. PS 108:11. 1907, 106:2. 1909, 113:1. PL 140:11. 1935, 29:3. RL 165:11. RSA 147:11. 1973, 531:27. 1985, 198:2. 1998, 318:7, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:12 - Sewer Fees.

147:12 Sewer Fees. –
Nothing in the preceding sections shall be construed as permitting a rental, license, or other sewer fee that is unreasonable in the opinion of the local board of health.
Source.
1907, 106:3. PL 140:12. RL 165:12.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:13 - Offensive Matter.

147:13 Offensive Matter. –
If a person shall place, leave, or cause to be placed or left, in or near a highway, street, alley, public place, or wharf or on a private disposal site or shall allow to be exposed unburied, any animal or other substance liable to become putrid or offensive, or injurious to the public health or deposits garbage or refuse on premises not designated for waste disposal in accordance with RSA 149-M or other provisions of law, such person shall be guilty of a violation, and the health officer shall remove or cause to have removed the same. Nothing in this section shall be construed as affecting authorized collections of garbage or refuse for public dumping facilities.
Source.
RS 119:7, 12. CS 125:7, 12. GS 101:7. 1878, 31:1. GL 111:9. 1879, 57:21. 1883, 53:1. PS 108:12. PL 140:13. RL 165:13. 1949, 133:2. 1953, 102:2. RSA 147:13. 1965, 201:1. 1973, 531:28. 1998, 318:8, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:14 - Drainage.

147:14 Drainage. –
No person shall discharge, leave, or cause to be discharged or left, within the limits of any public highway, any drainage or discharges from any privy, toilet, sink drain, cesspool or septic tank, when such discharges or matter may enter or pass through any open highway ditch or drainage structure constructed and maintained for highway drainage purposes. It shall be the duty of the highway commissioner or selectmen who have control over such highways to report all violations of this section to the local or state health authorities. Any person neglecting or refusing to comply with the provisions of this section shall be guilty of a violation for each day of neglect or refusal, after notice as provided in RSA 147:4.
Source.
1949, 118:1. RSA 147:14. 1973, 531:29, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:14-a - Investigation and Inspection.

147:14-a Investigation and Inspection. –
Any authorized member or agent of the department of health and human services may enter any land for the purpose of collecting information that may be necessary to investigate or inspect drainage systems pursuant to RSA 147:14 or private sewage systems pursuant to RSA 147:17-a. No owner shall refuse to admit any such member or agent.
Source.
1983, 167:1; 291:1, I. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:15 - Slaughterhouses, Etc.; Permits.

147:15 Slaughterhouses, Etc.;  Permits. –
If a person shall use or occupy a building or place near a dwelling-house or schoolhouse, or in the compact part of a town, for a slaughterhouse, a place of deposit of green pelts or skins, or for trying tallow, currying leather, or carrying on any other business that is offensive to the public, without the written permission of the health officers of the town, such person shall be guilty of a violation for each month such building or place shall be so used or occupied, to be recovered for the use of the town.
Source.
RS 119:8. CS 125:8. GS 101:8. GL 111:10. 1887, 62:1. PS 108:15. PL 140:14. RL 165:14. RSA 147:15. 1973, 531:30. 1998, 318:9, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:16 - Withdrawal of Permits.

147:16 Withdrawal of Permits. –
The health officers may withdraw the permission by notice in writing whenever in their opinion such use or occupancy of a building or place becomes a nuisance. In such case they shall order the abatement of the nuisance and the discontinuance of the use or occupancy within a time limited. If the owner or occupant neglects to comply with the order such owner or occupant shall be guilty of a violation for each day the owner or occupant so neglects or refuses after the expiration of the time limited, for the use of the town.
Source.
1887, 62:1. PS 108:16. PL 140:15. RL 165:15. RSA 147:16. 1973, 531:31. 1998, 318:10, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:16-b - Outdoor Wood-Fired Hydronic Heaters.

147:16-b Outdoor Wood-Fired Hydronic Heaters. –
If the owner or operator of an outdoor wood-fired hydronic heater (OWHH), as defined under RSA 125-R, operates the OWHH in a manner which causes a nuisance or is injurious to the public health, the health officers may, in writing, order that use of the OWHH be discontinued. The department of environmental services shall provide technical assistance to the department of health and human services for the purposes of enforcement of the nuisance provisions under this section.
Source.
2008, 362:3, eff. Aug. 10, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:17 - Cleansing Premises; Penalty.

147:17 Cleansing Premises;  Penalty. –
Whenever a building, tenement or room occupied as a dwelling or schoolroom, or any cellar or other appurtenance connected therewith, has become the source of danger to the health of its occupants or others from want of cleanliness the health officers may order the owner, the owner's agents or the occupants, or any of them, to cleanse and put the same in proper sanitary condition, and the occupants to quit the same, within a time limited. If the person so ordered does not cleanse the same as ordered the health officers may do so, and may recover the expense thereof, together with their fees, of the owner; or they may order the same to be closed and to remain so until properly cleansed. Any person who shall fail to comply with an order of the health officers made under the authority of this section, after receiving due notice thereof, shall be guilty of a misdemeanor.
Source.
1887, 62:3. PS 108:18. PL 140:16. RL 165:16. RSA 147:17. 1973, 528:58. 1998, 318:11, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:17-a - Private Sewage Systems.

147:17-a Private Sewage Systems. –
I.
Faulty Private Sewage System. Whenever any private sewage system is in such disrepair as to constitute a source of danger to the health of the public, the health officer may order the owner to put the same in a proper sanitary condition.
II.
Failure to Repair. If the person so ordered fails to rectify the problem, the municipal health officer may request the selectmen or mayor and council, if sufficient funds have been appropriated for this purpose, to put the system in a proper sanitary condition.
Source.
1971, 310:2, eff. Aug. 24, 1971.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:17-b - Installments for Repair Cost.

147:17-b Installments for Repair Cost. –
All expenses to the town or city for repairs made pursuant to the provisions of RSA 147:17-a, II shall constitute an assessment against the owner and shall create a lien upon the lands on account of which such repairs are made. The governing board shall have all the powers in making, assessing, and enforcing such lien as are provided in the applicable provisions of RSA 252.
Source.
1971, 310:2, eff. Aug. 24, 1971.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:18 - Expectoration.

147:18 Expectoration. –
It shall be unlawful for any person to spit upon any sidewalk, in the compact part of any city, village or town, or in any railway station, hall or other public place, or in any street or steam railway car other than smoking cars, except into spittoons or other receptacles provided for that purpose.
Source.
1903, 2:1. PL 140:17. RL 165:17.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:19 - Receptacles for Waste.

147:19 Receptacles for Waste. –
All persons keeping fruit for retail sale adjoining a sidewalk in the compact part of any village or city shall provide for public use a suitable receptacle for waste matter upon the outside of such store and adjoining or upon such sidewalk.
Source.
1903, 2:2. PL 140:18. RL 165:18.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:20 - Care of Receptacles.

147:20 Care of Receptacles. –
The receptacles mentioned in RSA 147:18 and 19 shall be kept clean and wholesome.
Source.
1903, 2:3. PL 140:19. RL 165:19.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:21 - Rubbish.

147:21 Rubbish. –
No person shall deposit any rubbish within the limits of any highway, park or common, or throw upon the sidewalk or into any street in the compact part of any city or village, any waste from any fruit or any paper, or other offensive or unsightly substance.
Source.
1903, 2:4. PL 140:20. RL 165:20.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:21-a - Discarded Refrigerators.

147:21-a Discarded Refrigerators. –
Any person who owns, controls or has in custody a container originally used for refrigeration purposes shall, before discarding it, remove the door, doors or lid. Any person failing to comply with this section shall be guilty of a misdemeanor.
Source.
1955, 158:1. 1971, 392:1. 1973, 528:59. 1998, 318:12, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:22 - Penalty.

147:22 Penalty. –
Any person violating the provisions of RSA 147:18 to 21 shall be guilty of a violation.
Source.
1903, 2:5. PL 140:21. RL 165:21. 1953, 102:3. RSA 147:22. 1973, 531:32, eff. Oct. 31, at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:23 - to 147:30 Repealed by 1981, 566:9, eff. Jan. 31, 1982.

147:23 to 147:30 Repealed by 1981, 566:9, eff. Jan. 31, 1982. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:30-a - to 147:30-d Repealed by 1981, 566:9, eff. Jan. 31, 1982.

147:30-a to 147:30-d Repealed by 1981, 566:9, eff. Jan. 31, 1982. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:30-e - to 147:30-i Repealed by 1981, 566:9, eff. Jan. 31, 1982.

147:30-e to 147:30-i Repealed by 1981, 566:9, eff. Jan. 31, 1982. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:31, 147:32 - Repealed by 1971, 254:3, eff. Aug. 22, 1971.

147:31, 147:32 Repealed by 1971, 254:3, eff. Aug. 22, 1971. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:33 - to 147:42 Repealed by 1981, 566:9, eff. Jan. 31, 1982.

147:33 to 147:42 Repealed by 1981, 566:9, eff. Jan. 31, 1982. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:43 - Solid Waste Disposal and Recycling.

147:43 Solid Waste Disposal and Recycling. –
Each town, city or unincorporated place is authorized to receive and expend revenue for the purpose of disposing of solid wastes or trucking or separating and recycling solid wastes in an appropriate manner. Such revenue may also be spent to study and prepare a proposal for the separation and recycling of solid wastes or the hauling of such wastes to separation and recycling centers.
Source.
1973, 570:1, eff. July 1, 1973.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:44 - Repealed by 1989, 342:3, eff. Aug. 1, 1989.

147:44 Repealed by 1989, 342:3, eff. Aug. 1, 1989. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:45 - Repealed by 1983, 227:20, III, eff. Aug. 16, 1983.

147:45 Repealed by 1983, 227:20, III, eff. Aug. 16, 1983. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:46 - Existing Community Obligations.

147:46 Existing Community Obligations. –
Nothing contained in this subdivision shall relieve communities of obligations, existing under other provisions of law, to abate open dumps or nuisances, or to establish sanitary landfills, and nothing herein shall impose upon any municipality in this state a financial burden in excess of that required under the law as it existed prior to the enactment of this provision, except for requirements mandated by the general court in legislation passed to implement a state plan.
Source.
1977, 581:2, eff. July 18, 1977.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:47 - Resource Recovery Facilities.

147:47 Resource Recovery Facilities. –
No municipality in this state shall be prohibited by any provision of local or state law from entering into long-term contracts for the supply of solid waste to resource recovery facilities.
Source.
1977, 581:2, eff. July 18, 1977.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:48 - to 147:57 Repealed by 1981, 413:1, eff. June 23, 1981.

147:48 to 147:57 Repealed by 1981, 413:1, eff. June 23, 1981. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147 - Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste › Section 147:58 - Civil Liability for Hazardous Waste Violations.

147:58 Civil Liability for Hazardous Waste Violations. –
I. Any person who is convicted of violation of a permit, rule, standard, requirement, or order under RSA 147:55 and who is made a defendant in a civil action arising from that violation shall be liable to a successful plaintiff in an amount equal to 3 times any actual damages sustained by such plaintiff.
II. The provisions of this section shall not relieve the plaintiff in any civil action from the burden of proving the defendant's liability.
Source.
1981, 268:1, eff. Aug. 15, 1981.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-A - Hazardous Waste Management › Section 147-A:1 - Repealed by 1986, 202:29, V, eff. Jan. 2, 1987.

147-A:1 Repealed by 1986, 202:29, V, eff. Jan. 2, 1987. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-A - Hazardous Waste Management › Section 147-A:2-a - Repealed by 1999, 53:6, IV, eff. July 20, 1999.

147-A:2-a Repealed by 1999, 53:6, IV, eff. July 20, 1999. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-A - Hazardous Waste Management › Section 147-A:4-a - Repealed by 2020, 37:4, XI, eff. July 29, 2020.

147-A:4-a Repealed by 2020, 37:4, XI, eff. July 29, 2020. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-A - Hazardous Waste Management › Section 147-A:4-b - Disclosure of Ownership.

147-A:4-b Disclosure of Ownership. –
Any application for a permit under RSA 147-A:4 shall be signed under oath by a representative of the applicant and shall contain the following information:
I. Name and address of the applicant.
II. If the applicant is a corporation, the state of incorporation, the address of its principal place of business, and the names and addresses of its directors, officers, and shareholders; if the applicant is a partnership, the state of formation, the address of its principal place of business, and the names and addresses of its partners, whether general or limited; and if the applicant is any other kind of association, the state of formation, the address of its principal place of business, and the names and addresses of its members or participants.
III. The exact location where the applicant intends to conduct the business for which it is seeking the permit.
IV. Such financial information as the commissioner may require by rules adopted under RSA 147-A:3.
Source.
1989, 398:5. 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:5-b - Fees; Advertising.

147-A:5-b Fees;  Advertising. –
I. The commissioner shall adopt rules under RSA 541-A, after public hearing, establishing a schedule of reasonable fees to be paid by any laboratory applying for approval and certification, including any travel and consultant costs related to certification of out-of-state laboratories.
II. The schedule of fees shall be designed to recover the direct costs and travel expenses associated with the certification services provided under RSA 147-A:5-a, and such fees shall be available to the department to be used to defray the cost of travel and associated expenses for such services, including any additional travel and consultant expenses related to certification of out-of-state laboratories. Funds received shall be deposited in a special account maintained by the department of environmental services to offset the costs of the inspection program. Any balance remaining at the end of the fiscal year shall lapse to the general fund. This paragraph shall not be construed to mean that all agency costs associated with the certification program, such as agency overhead, facilities, and staff services are to be prorated and recovered by fees.
III. A laboratory shall provide each prospective New Hampshire client with a list which clearly indicates the specific analytes which the laboratory is certified to test. In the event that a client has paid a fee to a laboratory in anticipation of testing services before the receipt of said test sampling materials, and the client subsequently determines upon receipt of the test materials that the laboratory is not certified to provide testing services to meet his needs, the client may cancel his order for any testing services which have not yet been performed, and the laboratory shall make full refund to the client. Test reports shall clearly identify those specific analytes for which a laboratory has certification and shall specifically identify any analyses which were subcontracted to other laboratories.
Source.
1987, 143:1. 1996, 228:106, 110, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-A - Hazardous Waste Management › Section 147-A:6-a - Initial Notification Fee.

147-A:6-a Initial Notification Fee. –
I. Each initial notification of hazardous waste activity filed by any new hazardous waste generator in New Hampshire shall be accompanied by a non-refundable fee of $150.
II. Political subdivisions of the state shall be exempt from this notification fee.
III. Hazardous waste generators that generate less than 220 pounds/100 kilograms of hazardous waste per month and that are participants in a department-developed multi-media compliance assurance program referred to as an environmental results program, or ERP, shall be exempt from this notification fee.
Source.
2003, 148:4, eff. July 1, 2003. 2005, 254:5, eff. Sept. 12, 2005. 2007, 219:3, eff. July 1, 2007. 2022, 326:6, eff. July 8, 2022.