reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125 - General Provisions › Section 125:25-b - Disclosure of Ownership Interest to Patient.

125:25-b Disclosure of Ownership Interest to Patient. –
I. Any health care practitioner who has an ownership interest in an entity which provides diagnostic or therapeutic services, or receives compensation or remuneration for referral of such patient to an entity which provides diagnostic or therapeutic services, shall disclose such interest to any patient prior to referring the patient to such entity for diagnostic or therapeutic services.
II. Such information shall be disclosed on a written referral to each patient at the time of referral; or, if referred by phone, verbal disclosure shall be made at the time of referral and a written referral shall be promptly sent to the patient.
III. The referral shall contain the following written conspicuously on its face:
"The referring health care practitioner maintains an ownership interest in the facility to which you are being referred. You are not required to utilize the facility to which you are being referred for these services. These services may be available elsewhere in the community. This office will provide an alternative referral upon your request."
IV. An entity which provides diagnostic and therapeutic services shall include services provided by an entity within a hospital, but which is not owned by the hospital.
V. This section shall not apply to in-office diagnostic services.
VI. Failure to provide written disclosure of an ownership interest may result in suspension of one's professional license or registration.
Source.
1993, 334:2, eff. July 1, 1993.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125 - General Provisions › Section 125:25-c - Disclosure to the Licensing Authority.

125:25-c Disclosure to the Licensing Authority. –
I. Notwithstanding any other provision of law, any health care practitioner who has an ownership interest in an entity which provides diagnostic or therapeutic services shall disclose such interest to the appropriate licensing authority regardless of whether any referrals are provided to the health care practitioner's entity or any other entity. In the disclosure to the appropriate licensing authority, the health care practitioner shall list all diagnostic and therapeutic services provided by any entity in which the health care practitioner has an ownership interest. Disclosure of ownership shall be made upon application for and renewal of the health care practitioner's license, on the application and renewal form.
II. An entity which provides diagnostic and therapeutic services shall include services provided by an entity within a hospital, but which is not owned by the hospital.
III. This section shall not apply to in-office ancillary services.
IV. Failure to report such ownership interest may result in disciplinary action by the licensing authority.
Source.
1993, 334:2. 1995, 310:73, 175, 181. 2000, 77:3. 2006, 226:1, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125 - General Provisions › Section 125:33 - to 125:36 Repealed by 1971, 254:2, eff. Aug. 22, 1971.

125:33 to 125:36 Repealed by 1971, 254:2, eff. Aug. 22, 1971. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125 - General Provisions › Section 125:37 - to 125:41 Repealed by 1969, 217:2, eff. Aug. 4, 1969.

125:37 to 125:41 Repealed by 1969, 217:2, eff. Aug. 4, 1969. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125 - General Provisions › Section 125:77-b - Prohibition.

125:77-b Prohibition. –
No person shall receive, store, or dispose of radioactive waste or spent nuclear fuel in the state or within the coastal jurisdiction of the state. Nothing in this subdivision shall be construed to prohibit the use or interim on-site storage of nuclear fuel or spent fuel, or in any way to abrogate or amend an agreement entered into between the state and the United States Atomic Energy Commission, or its successor, pursuant to section 274 of the Atomic Energy Act of 1954 as amended. Under no circumstances shall spent nuclear fuel, originating from any location other than Seabrook Station, be received for on-site storage within the state.
Source.
1979, 350:3. 1982, 30:5. 2001, 193:2, eff. Sept. 3, 2001.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125 - General Provisions › Section 125:77-c - to 125:77-f Repealed by 1982, 30:6, eff. April 30, 1982.

125:77-c to 125:77-f Repealed by 1982, 30:6, eff. April 30, 1982. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-A - Northern New England Medical Needs Compact › Section 125-A:2 - Copies to be Sent.

125-A:2 Copies to be Sent. –
The secretary of state shall send authenticated copies of this chapter to the governor of each of the other 2 states party to this compact.
Source.
1957, 141:1.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-A - Northern New England Medical Needs Compact › Section 125-A:4 - Report to Governor.

125-A:4 Report to Governor. –
The members from this state shall obtain accurate accounts of all the board's receipts and disbursements and shall report to the governor on or before the fifteenth day of November, in even numbered years, the transactions of the board for the biennium ending on the preceding June 30. They shall include in such report recommendations for any legislation which they consider necessary or desirable to carry out the intent and purposes of the compact.
Source.
1957, 141:1.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-A - Northern New England Medical Needs Compact › Section 125-A:6 - Takes Effect.

125-A:6 Takes Effect. –
This chapter shall not be effective unless and until the governor of this state shall receive authenticated copies from the governors of the states of Maine and Vermont of the acts ratifying said compact.
Source.
1957, 141:2, eff. May 29, 1957.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-B - New England Compact on Radiological Health Protection › Section 125-B:2 - State Agency.

125-B:2 State Agency. –
The state radiation control agency shall formulate and keep current a radiation incident plan for this state, in accordance with the duty assumed pursuant to Article III(a) of this compact.
Source.
1967, 131:1, eff. July 18, 1967.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-B - New England Compact on Radiological Health Protection › Section 125-B:3 - Compact Administrator.

125-B:3 Compact Administrator. –
The compact administrator for this state, as required by Article VI of the compact, shall be the director of the state radiation control agency.
Source.
1967, 131:1, eff. July 18, 1967.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-C - Air Pollution Control › Section 125-C:1 - Declaration of Policy and Purpose.

125-C:1 Declaration of Policy and Purpose. –
It is hereby declared to be the public policy of the state of New Hampshire and the purpose of this chapter to achieve and maintain a reasonable degree of purity of the air resources of the state so as to promote the public health, welfare, and safety, prevent injury or detriment to human, plant, and animal life, physical property and other resources, foster the comfort and convenience of the people, promote the economic and social development of this state and to facilitate the enjoyment of the natural attractions of the state.
Source.
1979, 359:2, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-C - Air Pollution Control › Section 125-C:8 - Administration of Chapter; Delegation of Duties.

125-C:8 Administration of Chapter;  Delegation of Duties. –
The commissioner shall be responsible for the implementation of this chapter and any rule adopted hereunder and may delegate to a subordinate or subordinates any and all duties vested in him, except rulemaking authority.
Source.
1979, 359:2. 1986, 202:11. 1996, 228:104, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-C - Air Pollution Control › Section 125-C:9 - Authority of the Commissioner in Cases of Emergency.

125-C:9 Authority of the Commissioner in Cases of Emergency. –
Whenever the commissioner finds that an air pollution emergency exists requiring immediate action to protect the public health, welfare, or safety, he may with consent of the governor and council issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith. The commissioner shall rescind or abate such order as soon as the emergency ceases to exist.
Source.
1979, 359:2. 1996, 228:104, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-C - Air Pollution Control › Section 125-C:10 - Devices Contributing to Air Pollution.

125-C:10 Devices Contributing to Air Pollution. –
I. No person shall install, construct, operate, or modify any device or non-Title V source which contributes to air pollution except as prescribed by this chapter.
II. No person shall construct, operate or modify an affected source which contributes to air pollution except as prescribed by this chapter.
Source.
1979, 359:2. 1993, 329:4. 1996, 278:4, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-C - Air Pollution Control › Section 125-C:10-a - Municipal Waste Combustion Units.

125-C:10-a Municipal Waste Combustion Units. –
Any municipal waste combustor, as defined in RSA 125-M:2, XI, with a design capacity of at least 35 tons per day but no more than 250 tons per day of municipal solid waste, as defined in RSA 125-M:2, X, shall be limited to the following levels of emissions, unless otherwise provided for by a more stringent federal regulation, or by other state statute:
I. Particulate matter: 25 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, 3-run average (run duration specified in test method).
II. Opacity: 10 percent (6-minute average), 30 6-minute averages.
III. Cadmium: 0.035 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, 3-run average (run duration specified in test method).
IV. Lead: 0.4 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, 3-run average (run duration specified in test method).
V. Mercury: 0.028 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, or 85 percent control efficiency, 3-run average (run duration specified in test method).
VI. Sulfur dioxide: 29 parts per million by volume, or 25 percent of the potential sulfur dioxide emission concentration, corrected to 7 percent oxygen (dry basis), monthly block geometric average concentration or percent reduction.
VII. Hydrogen chloride: 29 parts per million by volume, or 5 percent of the potential hydrogen chloride emission concentration, corrected to 7 percent oxygen (dry basis), 3-run average (minimum run duration is 1 hour).
VIII. Dioxins/furans: 35 nanograms/dry standard cubic meter (total mass), corrected to 7 percent oxygen, where an electrostatic precipitator-based emission control system is employed; or 30 nanograms/dry standard cubic meter (total mass) corrected to 7 percent oxygen, where an electrostatic precipitator-based emission control system is not employed, 3-run average (minimum run duration is 4 hours).
Source.
2005, 72:1, eff. Jan. 1, 2006. 2016, 100:1, eff. July 18, 2016.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-C - Air Pollution Control › Section 125-C:10-c - Combustion Ban.

125-C:10-c Combustion Ban. –
I. Notwithstanding any provision of law to the contrary, no person shall combust the wood component of construction and demolition debris, as defined in RSA 149-M:4, IV-a, or any mixture or derivation from said component.
II. This section shall not apply to:
(a) The incidental combustion of such materials either by any municipal waste incinerator or a municipal waste combustor with a design capacity of less than 250 tons per day of municipal solid waste, that has been permitted by the department and was in operation on January 1, 2006;
(b) The combustion of no more than 10,000 tons per year of wood residue at any municipal waste combustor from November 15 through April 15 from facilities that process construction and demolition debris in a manner no less stringent than the requirements of the Environmental Protection Agency's Non-Hazardous Secondary Materials Rule, 40 C.F.R. section 241.4(a)(5) (Non-waste Determinations for Specific Non-Hazardous Secondary Materials When Used as a Fuel) dated February 8, 2016. No such combustion shall occur until the department adopts rules regarding fuel quality standards and test methods in accordance with RSA 125-C:6, XIV-a and the department has taken final action on a permit revision for the facility utilizing such fuel;
(c) The incidental combustion, under the supervision of a solid waste facility operator of untreated wood at any municipal transfer station subject to regulation under RSA 149-M; or
(d) The combustion of bio-oil or bio-synthetic gas produced from the wood component of construction and demolition debris using non-combustion thermal or chemical processes including, but not limited to, pyrolysis or gasification. The non-combustion thermal or chemical processes proposed shall be subject to the review requirements of this chapter, RSA 125-I, and the administrative rules of the air resources division of the department of environmental services. The wood derived from construction and demolition debris shall be processed in a manner no less stringent than the requirements referenced in subparagraph (b).
III. For purposes of this section, a municipal waste combustor shall have the same definition as RSA 125-M:2, XI, have a design capacity of at least 250 tons per day of municipal solid waste before January 1, 2016, be subject to regulation by this chapter or RSA 149-M, and have been in operation on January 1, 2016.
Source.
2007, 128:1, eff. Jan. 1, 2008. 2016, 319:18, eff. Aug. 23, 2016. 2018, 249:1, eff. Aug. 11, 2018.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-C - Air Pollution Control › Section 125-C:10-d - Sulfur Limits of Certain Liquid Fuels.

125-C:10-d Sulfur Limits of Certain Liquid Fuels. –
I. No person shall import into the state any of the following liquid fuels:
(a) No. 2 oil, also referred to as distillate oil, with a sulfur content greater than 0.0015 percent by weight;
(b) No. 4 oil with a sulfur content greater than 0.25 percent by weight; or
(c) Nos. 5 or 6 oil, also referred to as residual oil, with a sulfur content greater than 0.5 percent by weight.
II. Beginning on February 1, 2019 and continuing thereafter, no person shall sell, offer for sale, supply, distribute for sale or use, except for fuel remaining in storage for a device not requiring a permit pursuant to RSA 125-C:11, any of the following liquid fuels:
(a) No. 2 oil, also referred to as distillate oil, with a sulfur content greater than 0.0015 percent by weight;
(b) No. 4 oil with a sulfur content greater than 0.25 percent by weight; or
(c) Nos. 5 or 6 oil, also referred to as residual oil, with a sulfur content greater than 0.5 percent by weight.
III. The commissioner may temporarily allow the use of non-conforming fuels with respect to paragraph II if there is a demonstrated need to do so based on an acute shortage of supply.
Source.
2016, 94:1, eff. July 1, 2018. 2018, 340:3, eff. July 1, 2018 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-C - Air Pollution Control › Section 125-C:13 - Criteria for Denial; Suspension or Revocation; Modification.

125-C:13 Criteria for Denial;  Suspension or Revocation;  Modification. –
I. The commissioner shall deny an application for any permit or authorization if, on the basis of evidence available to the commissioner, the commissioner determines:
(a) That the device or non-Title V source for which the permit or authorization is sought will result in a violation of any standard or rule in force under this chapter; or
(b) That the device or non-Title V source will contribute disproportionately to pollution of the air in comparison with other similar sources able to perform the same function that are currently available; or
(c) That the device or non-Title V source is located in a "clean air" area designated by state or federal rules or regulations and will or is reasonably likely to cause significant deterioration of the existing air quality in a part of the area.
II. The commissioner may suspend or revoke any permit or authorization issued hereunder if, following a hearing, the commissioner determines:
(a) That the permit holder or registrant has committed a violation of this chapter or any rule, order, or permit conditions in force and applicable to it; or
(b) That emissions from the device or non-Title V source to which the permit applies, alone or in conjunction with other sources of the same pollutants, presents an immediate danger to the public health.
III. The commissioner may order modification of any source of air pollution holding a valid permit issued under this chapter in the event that the commissioner determines, following a hearing:
(a) That the device or non-Title V source to which the permit applies fails to meet existing emission limits established by state or federal rule or regulation;
(b) That the device or non-Title V source is resulting or is reasonably likely to result in a violation of an air quality standard in force.
IV. The commissioner may terminate, modify, revoke, or reissue for cause any permit or authorization issued to an affected source prior to expiration of such permit consistent with the requirements of the Clean Air Act.
Source.
1979, 359:2. 1993, 329:10, 11. 1995, 68:3. 1996, 228:104; 278:14. 2010, 183:4, eff. June 21, 2010.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-C - Air Pollution Control › Section 125-C:14 - Rehearings and Appeals.

125-C:14 Rehearings and Appeals. –
Administrative appeals from decisions of the commissioner made under the provisions of this chapter shall be heard by the air resources council under RSA 21-O:11, IV.
Source.
1979, 359:2. 1981, 332:6, 7. 1986, 202:12. 1996, 228:104, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-C - Air Pollution Control › Section 125-C:16 - Variances.

125-C:16 Variances. –
I. Upon application, and after a hearing, the commissioner may suspend the enforcement of the whole or any part of this chapter or of any rule adopted hereunder in the case of any person who shall show that the enforcement thereof would produce serious economic hardship on such person without equal or greater benefits to the public.
II. In determining under what conditions and to what extent the variance may be granted, the commissioner shall give due recognition to the progress which the person requesting such variance shall have made in eliminating or preventing air pollution; the character and degree of injury to, or interference with, the health and physical property of the people; and the social and economic value of the source of air pollution. In such cases, the commissioner shall consider the reasonableness of granting a variance conditioned on the person's effecting a partial abatement of pollution or a progressive abatement thereof or such other circumstances as the commissioner may deem reasonable. No variance shall be granted to any person applying therefor who is causing air pollution which creates a danger to public health, welfare or safety.
III. Any variance granted hereunder shall be granted for such period of time, not exceeding one year, as the commissioner shall specify. No variance shall be construed to relieve the person receiving it from any liability imposed by law for the commission or maintenance of a nuisance.
Source.
1979, 359:2. 1986, 202:6, I(h). 1996, 228:104, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-C - Air Pollution Control › Section 125-C:18 - Existing Remedies Unimpaired.

125-C:18 Existing Remedies Unimpaired. –
No existing civil or criminal remedy for any wrongful action which is a violation of any code or rule adopted hereunder shall be excluded or impaired by this chapter.
Source.
1979, 359:2, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-C - Air Pollution Control › Section 125-C:19 - Protection of Powers.

125-C:19 Protection of Powers. –
The powers and functions vested in the commissioner under the provisions of this chapter shall not be construed to affect in any manner the powers, duties and functions vested in the department of health and human services under any other provision of law.
Source.
1979, 359:2. 1983, 291:1, I. 1986, 202:6, I(h). 1995, 310:181. 1996, 228:104, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-C - Air Pollution Control › Section 125-C:19-a - Recovery of Public Utility Expenditures.

125-C:19-a Recovery of Public Utility Expenditures. –
All costs and expenses directly incurred by electric generating facilities for pollution reductions that are a component of, or are required in connection with, any vehicle inspection and maintenance program adopted by the state of New Hampshire and approved by the federal Environmental Protection Agency, or substitute for such program, shall be recoverable to the same extent and subject to the same conditions as any environmental expenditure mandated by law, and shall be recoverable through the fuel and purchased power adjustment clause or any succeeding cost recovery mechanism.
Source.
1998, 207:1, eff. June 18, 1998.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-C - Air Pollution Control › Section 125-C:20 - Exemption; Steam Locomotives and Engines.

125-C:20 Exemption;  Steam Locomotives and Engines. –
The provisions of this chapter shall not apply to any steam locomotives and engines or replacements thereof used in connection with the operation of a railroad or railway which were in operation or on order prior to January 1, 1973, and are located entirely within the state; provided that this exemption shall not apply to any stationary steam engine.
Source.
1979, 359:2, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-C - Air Pollution Control › Section 125-C:21 - Severability.

125-C:21 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 provision or application; and, to this end, the provisions of this chapter are severable.
Source.
1981, 332:9, eff. Aug. 16, 1981.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-D - Acid Rain Control Act › Section 125-D:1 - Purpose.

125-D:1 Purpose. –
I. The general court hereby finds that acid deposition of sulfur and nitrogen containing compounds, commonly referred to as "acid rain," is occurring in the state of New Hampshire. The general court further finds that acid rain poses a significant adverse threat to the state's public health and welfare and to the natural environment by degrading natural ecosystems, including fish and wildlife. In addition, increasing evidence suggests that acid rain affects the New Hampshire economy by reducing the growth rate and productivity of the state's forest resources.
II. The general court also finds that although the major emission sources of acid rain precursors are located in the midwestern United States, sources within the state of New Hampshire also contribute to acid deposition in New Hampshire and in our neighboring states of Maine and Massachusetts. Therefore, it is incumbent upon the people of New Hampshire to take the initiative to reduce their share of the deposition to reasonable levels.
III. The general court acknowledges that the New England governors in May of 1984 endorsed as an interim measure the implementation of a sulfur dioxide emission cap in each New England state for both the industrial and utility sectors of the economy.
IV, V. [Repealed.]
Source.
1985, 328:1. 1993, 118:2, eff. July 16, 1993.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-D - Acid Rain Control Act › Section 125-D:2 - Definitions.

125-D:2 Definitions. –
I. "Acid deposition" means that wet or dry deposition from the atmosphere of chemical compounds, usually in the form of rain or snow, having the potential to form an aqueous compound with a pH level lower than the level considered normal under natural conditions.
I-a. "Department" means the department of environmental services.
II. "Commissioner" means the commissioner of the department of environmental services.
III. "Baseline emissions" means the total sulfur dioxide emissions in tons per calendar year averaged over the period 1979 through 1982 from all major sources.
IV. "Governor" means the governor of the state of New Hampshire.
V. "Major source" means a facility or plant which emits 100 tons or more per year of a pollutant.
VI. "Emission rate" means the pounds of sulfur dioxide emitted per million BTU input.
VII. "Average emission rate" means the weighted average on a BTU input basis of the emission rates of a major source, all major sources under a single ownership, or some other specified group of major sources during any calendar year.
VIII. "Baseline average emission rate" means the weighted average on a BTU input basis of the emissions rates of a specified group of major sources over the period 1979 through 1982.
IX. "Maximum total heat input capacity" means the designed gross heat input capacity of a major source in millions of BTU per hour.
X. "Average annual emissions" means the total sulfur dioxide emissions in tons per calendar year averaged over any consecutive 4-year period from a specified group of major sources.
XI. "Annual emissions" means the sulfur dioxide emissions from a major source in tons during any calendar year.
Source.
1985, 328:1. 1986, 202:6, I(h). 1990, 172:1-4. 1996, 228:20, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-D - Acid Rain Control Act › Section 125-D:4 - Administrative Fines.

125-D:4 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 $4,000 for each offense upon any person who violates any provision of this chapter, any rule adopted pursuant to this chapter, or any permit or order issued pursuant to this chapter; or upon any person who makes or certifies a material false statement relative to any document or information which is required to be submitted to the department pursuant to this chapter or any rule adopted pursuant to 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 imposed pursuant to this section shall be deposited in the general fund.
I. Notice and hearing prior to the imposition of an administrative fine shall be in accordance with RSA 541-A and procedural rules adopted by the commissioner pursuant to RSA 541-A:16.
II. The commissioner shall determine fines in accordance with RSA 125-C:15, I-b(b) and (d).
III. The commissioner may assess an additional fine for repeat violations.
Source.
1996, 247:12, eff. Jan. 1, 1997. 2019, 263:2, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-D - Acid Rain Control Act › Section 125-D:5 - Enforcement.

125-D:5 Enforcement. –
I. Whenever the commissioner or the commissioner's authorized representative finds that any major source of sulfur dioxide has resulted in a violation of any of the provisions of this chapter or any rules in force hereunder, the commissioner shall issue a notice of violation and, where appropriate, an order of abatement establishing a compliance schedule with which the major source of sulfur dioxide shall comply. Any order of abatement shall become final and enforceable by the commissioner within 30 days of its issuance unless an appeal is filed with the air resources council before the expiration of said 30-day period. The council shall hold a hearing on any such appeal promptly, and shall thereafter issue a decision upholding, modifying, or abrogating the commissioner's order of abatement or any part thereof. The council's decision shall become final 10 days after it is issued. Upon a finding by the commissioner that there is an imminent and substantial endangerment to the public health or welfare or the environment, the commissioner shall issue an order of abatement requiring immediate compliance and the order shall be final and enforceable upon issuance, but may be appealed to the council within 30 days of its issuance, and the council may, after hearing, uphold, modify, or abrogate such order.
II. Any violation of the provisions of this chapter, or of any rule adopted or order issued under it, shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application of the attorney general. Any such violation shall also be subject to a civil forfeiture to the state of not more than $25,000 for each violation, and for each day of a continuing violation.
III. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
IV. Notwithstanding RSA 651:2, any 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 pursuant to RSA 125-D:5, III. Each day of violation shall constitute a separate offense.
Source.
1998, 146:3, eff. June 8, 1998.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-D - Acid Rain Control Act › Section 125-D:6 - Variances.

125-D:6 Variances. –
I. Upon application, and after a hearing, the commissioner may suspend the enforcement of the whole or any part of this chapter or of any rule adopted hereunder in the case of any person who shall show that the enforcement thereof would produce serious economic hardship on such person without equal or greater benefits to the public.
II. In determining under what conditions and to what extent the variance may be granted, the commissioner shall give due recognition to the progress which the person requesting such variance shall have made in eliminating or preventing emissions sources of acid depositions; the character and degree of injury to, or interference with, the health and physical property of the people; and the social and economic value of the source of emissions. In such cases, the commissioner shall consider the reasonableness of granting a variance conditioned on the person's effecting a partial abatement of emissions or a progressive abatement thereof or such other circumstances as the commissioner may deem reasonable. No variance shall be granted to any person applying therefor who is causing air pollution which creates a danger to public health, welfare, or safety.
III. Any variance granted under this section shall be granted for such period of time, not exceeding one year, as the commissioner shall specify. No variance shall be construed to relieve the person receiving it from any liability imposed by law for the commission or maintenance of a nuisance.
Source.
1998, 146:3, eff. June 8, 1998.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:1 - Policy.

125-F:1 Policy. –
It is hereby declared to be the public policy of the state of New Hampshire:
I. To prohibit the mining or milling of uranium, thorium, or other source material within the state of New Hampshire. In this section, milling means any processing of ore including underground solution extraction of unmined ore;
II. To institute and maintain a regulatory program for sources of radiation to provide (a) compatibility and consistency with the standards and regulation within the state, and (b) a system consonant insofar as possible with those of other states; and
III. To institute and maintain a regulatory program to permit development and utilization of sources of radiation for peaceful purposes, consistent with the health and safety of the public.
Source.
1986, 169:1, eff. July 27, 1986.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:2 - Purpose.

125-F:2 Purpose. –
The purpose of this chapter is to effectuate the policy set forth in RSA 125-F:1 by providing:
I. A program of effective regulation of sources of radiation to protect the occupational and public health and safety.
II. A program to promote an orderly regulatory pattern within the state, among the states, and between the federal government and the state, to facilitate intergovernmental cooperation with respect to use and regulation of sources of radiation and to avoid duplication of regulation.
III. A program to establish procedures for assumption and performance of certain regulatory responsibilities with respect to naturally occurring, artificially produced, byproduct, source, and special nuclear materials and radiation equipment.
IV. A program to permit utilization of sources of radiation consistent with the health and safety of the public.
Source.
1986, 169:1, eff. July 27, 1986.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:4 - Radiological Health Program.

125-F:4 Radiological Health Program. –
There is hereby established a radiological health program in the department of health and human services. The commissioner of the department of health and human services shall designate a manager of the program, who shall perform the functions vested in the department under this chapter.
Source.
1986, 169:1. 1995, 310:175, 181, 182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:5 - Powers; Duties.

125-F:5 Powers;  Duties. –
For the protection of occupational and public health and safety, the department shall:
I. Develop systems for evaluation and control of hazards associated with the use of sources of radiation.
II. Develop systems described in paragraph I, with due regard for compatibility with federal programs for regulation of byproduct, source, and special nuclear materials.
III. Develop systems described in paragraph I, with due regard for consistency with federal programs for regulation of radiation equipment.
IV. Adopt under RSA 541-A, after public hearing, rules relative to registration of sources of radiation, as necessary to prohibit and prevent unnecessary radiation.
V. Adopt rules, pursuant to RSA 541-A, which provide for licensing or registration relative to control of sources of radiation, including, but not limited to, low-level radioactive waste, with due regard to compatibility with the regulatory programs of the federal government and such other rules as are necessary for the administration of this chapter.
VI. Issue such orders or modifications as necessary in connection with licensing and registration of sources of radiation under RSA 125-F:7.
VII. Advise, consult, and cooperate with other agencies of the state, the federal government, other states, interstate agencies, political subdivisions, and with groups concerned with control of sources of radiation.
VIII. Accept and administer loans, grants or other funds or gifts, conditional or otherwise, from the federal government and other sources, public or private.
IX. Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relative to the control of sources of radiation.
X. Collect and disseminate information relative to control of sources of radiation including maintenance of:
(a) A file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations;
(b) A file of registrants possessing sources of radiation requiring registration under the provisions of the chapter, and any administrative or judicial action pertaining thereto; and
(c) A file of all rules relative to regulation of sources of radiation, pending or adopted, and proceedings thereon.
Source.
1986, 169:1. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:6 - State Radiation Advisory Committee.

125-F:6 State Radiation Advisory Committee. –
I. There is hereby established an advisory committee to be known as the state radiation advisory committee which shall consist of 9 members. The committee membership shall at all times be limited to no more than 2 members from any one field or profession representing a physical science, life science, industry, medicine, veterinary medicine, dentistry, nursing, or other healing arts and one public member. The members shall be residents of the state and shall be appointed by the governor with consent of the council. Each member shall be appointed for a term of 4 years and until his successor shall be appointed; provided, that of the original appointments, 3 shall be appointed for a term of 2 years, 3 for a term of 3 years, and 3 for a term of 4 years. In order to assure the proper balance of technical skills, whenever a vacancy or vacancies occur, the committee shall submit to the governor and council for their consideration the names of up to 3 nominees for each vacancy. The members shall receive no compensation for their services, but shall receive necessary travel and other expenses while engaged in the actual work of the committee. The manager of the program shall act as technical secretary to the committee.
II. The governor shall appoint a chairman from among members of the advisory committee who shall serve for the period of his term. The committee shall hold meetings when the chairman or manager of the program wishes, but at least once per calendar quarter.
III. The committee shall recommend programs and policies to the radiological health program and serve as advisers to the program's manager. They shall keep the governor and council informed, at least annually, on matters relative to radiation issues within the state.
Source.
1986, 169:1. 1987, 93:1, eff. July 5, 1987.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:7 - Licensing and Registration of Sources of Radiation.

125-F:7 Licensing and Registration of Sources of Radiation. –
I. When adopting rules under RSA 541-A, the department, through its program, shall provide for general or specific licensing of naturally occurring, artificially produced, byproduct, source, and special nuclear materials or devices or equipment utilizing such material. The rules shall provide for amendment, suspension, and revocation of licenses.
II. The department, through its program, may require registration of other sources of radiation.
III. The department, through its program, is authorized to exempt certain sources of radiation or kinds of uses or users from the licensing or registration requirements of this section, provided they shall be specifically named in a schedule of such exempt uses, users, or sources of radiation within the context of rules adopted under RSA 541-A.
IV. The rules may provide for recognition of other state or federal licenses and radiation machine registration as the program may deem desirable, subject to such registration requirements, including the payment of such fees, as the department, through its program, may establish.
Source.
1986, 169:1. 1995, 310:175. 2003, 319:28, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:8 - Radiation User and Laboratory Fees.

125-F:8 Radiation User and Laboratory Fees. –
I. The department, through its program, shall prescribe and collect such fees as may be established by rule for radiation protection services provided under this chapter. Services for which fees may be established include:
(a) Registration of radiation equipment and other sources of radiation;
(b) Issuance, amendment, and renewal of general or specific licenses for radioactive materials as well as the recognition of other state and federal licenses and radiation machine registrations in accordance with RSA 125-F:7, IV;
(c) Inspections of registrants or licensees;
(d) Environmental surveillance activities to assess the radiological impact of activities conducted by licensees;
(e) Evaluation of products to be distributed to persons generally licensed or persons exempt from licensing;
(f) Laboratory radiochemical sample analyses; and
(g) Radiological response and radiation safety assessments.
II. When a registrant or licensee fails to pay the applicable fee, the program may suspend or revoke the registration or license or may issue an appropriate order.
III. Except as provided in paragraph IV, all fees collected under this section shall be forwarded to the state treasurer to be deposited in the general fund.
IV. Any increase in fees after the effective date of this paragraph and collected under this section shall be deposited in the radiation user and laboratory fees fund established in RSA 125-F:8-b and shall be used solely for the administration of the department's responsibilities under this chapter.
V. Application fees collected under this provision shall not be refundable.
Source.
1986, 169:1. 1995, 310:175. 2002, 258:4. 2003, 319:29, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:8-a - Low-Level Radioactive Waste Management Fund.

125-F:8-a Low-Level Radioactive Waste Management Fund. –
I. There is hereby established the New Hampshire low-level radioactive waste management fund to be used for the purposes of this section. This nonlapsing, revolving special fund is hereby continually appropriated to be expended by the department of health and human services in accordance with this section. Money collected under this section but not needed to meet the obligations of the department of health and human services under this section shall be deposited in the New Hampshire low-level radioactive waste management fund. The state treasurer shall invest the moneys so deposited as provided by law. Interest received on investments made by the state treasurer shall also be credited to the fund.
II. The fund shall be used to provide for the adequate and safe management and disposal of low-level radioactive waste generated within New Hampshire. After the governor certifies that circumstances require the use of the fund, the department of health and human services may enter into contracts, agreements, or consultative services and use the fund for the following purposes:
(a) Paying any disposal costs and associated surcharges for the disposal of low-level radioactive waste;
(b) Hiring of consultants and personnel;
(c) Purchase, lease or rental of necessary equipment; and
(d) Other necessary expenses directly associated with the management and disposal of low-level radioactive waste.
III. Every generator of low-level radioactive waste located in this state which exports the waste for disposal shall pay quarterly a low-level radioactive waste generator fee to the department of health and human services. This quarterly fee shall be based on a per cubic foot of waste exported. The commissioner shall, by rules adopted pursuant to RSA 541-A, establish a schedule of low-level radioactive waste generator fees. The department of health and human services shall forward the fees collected under this paragraph to the state treasurer for deposit in the low-level radioactive waste management fund.
IV. Any low-level radioactive waste disposal surcharge collected by the appropriate federal agency pursuant to the Low-Level Radioactive Waste Policy Act of 1980, as amended, and returned to the state of New Hampshire shall also be deposited in the low-level radioactive waste management fund.
Source.
1989, 398:15. 1995, 310:181, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:8-b - Radiation User and Laboratory Fees Fund.

125-F:8-b Radiation User and Laboratory Fees Fund. –
There is hereby established the radiation user and laboratory fees fund to be used to carry out the provisions of this chapter. The fund shall be composed of fees collected in accordance with RSA 125-F:8, IV. The fund shall be nonlapsing and shall be continually appropriated to the commissioner for the purposes of this chapter.
Source.
2002, 258:5, eff. July 1, 2002.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:9 - Notification of Significant Events.

125-F:9 Notification of Significant Events. –
I. Each licensee of a nuclear powered reactor shall comply with the reporting requirements for significant events contained in the regulations of the Nuclear Regulatory Commission.
II. As used in this section, "significant event" means any event which must be reported to the Nuclear Regulatory Commission operations center pursuant to 10 C.F.R., section 50.72.
III. Any person who purposely violates the provisions of this section and who is found by the Nuclear Regulatory Commission to have violated its regulations shall be guilty of a class B felony if the severity of the incident is at level I or II and guilty of a misdemeanor if the severity of the incident is at level III, IV, or V as said levels are defined by the Nuclear Regulatory Commission in 10 C.F.R., Part 2.
Source.
1986, 169:1, eff. July 27, 1986.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:10 - Authority of the Commissioner in Cases of Emergency.

125-F:10 Authority of the Commissioner in Cases of Emergency. –
Whenever the commissioner finds that an emergency exists requiring immediate action to protect the public health or welfare, he may issue an order reciting the existence of such an emergency and requiring that such action be taken as necessary to meet the emergency. Such order shall be effective immediately. Any person to whom such order is directed shall comply with the order immediately, but on application to the commissioner of the department of health and human services, shall be afforded a hearing within 15 days. On the basis of such hearing, the commissioner of the department of health and human services shall continue such order in effect, revoke it, or modify it.
Source.
1986, 169:1. 1995, 310:182, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 125-F - Radiological Health Program › Section 125-F:12 - Inspection and Right of Entry.

125-F:12 Inspection and Right of Entry. –
The program, or its duly authorized representatives, shall have the power to enter at all reasonable times upon any private or public property to determine whether there is compliance with the provisions of this chapter and the rules adopted thereunder, except that entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly designated representative.
Source.
1986, 169:1, eff. July 27, 1986.