reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-D - Hazardous Waste Fee › Section 147-D:1 - Definitions.

147-D:1 Definitions. –
In this chapter:
I. [Repealed.]
I-a. "Department" means the department of environmental services.
II. "Disposal" means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any hazardous waste into or onto any land or water so that the hazardous waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters including groundwaters.
III. "Facility" means any location to which hazardous waste which requires a manifest under the hazardous waste management law is transported for treatment, storage or disposal.
IV. "Fee" means the fee imposed under RSA 147-D:2.
V. "Governing body" means the board of selectmen, city council or board of aldermen.
VI. "Hazardous waste" means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:
(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:
(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or
(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged;
(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended.
VI-a. [Repealed.]
VII. "Person" means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.
VIII. "Storage" means the containment of hazardous waste, either on a permanent basis or on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous waste.
IX. "Treatment" means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.
Source.
1981, 521:2. 1983, 227:9, 10, 20, I; 291:1, I. 1986, 202:6, I(e), 29, VI. 1996, 228:38, 107, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-D - Hazardous Waste Fee › Section 147-D:2 - Hazardous Waste Fees.

147-D:2 Hazardous Waste Fees. –
I. A town may, by bylaw, levy a fee on any hazardous waste facility located in the town.
II. The fee may not exceed $.007 per kilogram ($.003 per pound).
III. The fee shall be based on the amount of hazardous waste received by the facility for treatment, storage or disposal for the preceding quarter. The fee shall be paid within 15 days of the end of the last month in the quarter.
Source.
1981, 521:2, eff. Aug. 28, 1981.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-D - Hazardous Waste Fee › Section 147-D:3 - Payment of Fees; Report.

147-D:3 Payment of Fees;  Report. –
I. The owner of the facility shall pay all fees to the town treasurer for the use of the town.
II. With each fee payment, the owner of the facility shall submit a report on the amount of hazardous waste received and stored, treated or disposed of at the facility during the quarter for which the fee is paid. The report shall be made on a form prepared by the department.
Source.
1981, 521:2. 1983, 227:10. 1986, 202:6, I(e). 1996, 228:107, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-D - Hazardous Waste Fee › Section 147-D:4 - Fee Imposed by Department.

147-D:4 Fee Imposed by Department. –
I. If the owner of a facility stores, treats or disposes of hazardous waste but does not pay a fee required under this chapter, the governing body of the town may request the department to report to the town the amount of hazardous waste stored, treated or disposed of at the facility for any quarter.
II. The town may then notify the owner of the facility of fees due the town and shall provide documentation from the department to support the claim. The operator of the facility shall pay all fees due upon receipt of this notice.
Source.
1981, 521:2. 1983, 227:10. 1986, 202:6, I(e). 1996, 228:107, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-D - Hazardous Waste Fee › Section 147-D:5 - Proof of Insurance.

147-D:5 Proof of Insurance. –
When locating in a town, the owner of the facility shall show to the local governing body proof of insurance, including, but not limited to, environmental impairment insurance and liability insurance.
Source.
1981, 521:2, eff. Aug. 28, 1981.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-D - Hazardous Waste Fee › Section 147-D:6 - Penalty.

147-D:6 Penalty. –
Any person shall be guilty of a misdemeanor who:
I. Does not pay a fee imposed under this chapter; or
II. Knowingly gives or causes to be given any false information in connection with any report required to be submitted to a town under this chapter.
Source.
1981, 521:2, eff. Aug. 28, 1981.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-F - Brownfields Program › Section 147-F:1 - Findings and Purpose.

147-F:1 Findings and Purpose. –
I. The general court finds that it is in the public interest to encourage the redevelopment of industrial, commercial, residential and other properties that have been subject to environmental contamination. The strict liability imposed on owners and operators of contaminated property under existing environmental statutes has had the unintended result of discouraging the repurchase and reuse of some contaminated properties. These properties, often referred to as brownfields, are therefore frequently abandoned or underused. The general court also finds that it is appropriate to consider the risk posed by the contamination to human health and the environment in light of enforceable restrictions on the future use of the property when establishing cleanup goals for a contaminated property.
II. The purpose of this chapter is to give incentives to parties interested in the redevelopment of contaminated properties by facilitating the remedial process and by providing comprehensive liability protection to parties who assume responsibility for property remediation without preexisting liability for cleanup or whose existing liability is premised solely upon their status as an owner under strict liability statutes.
III. It is the further intent of this chapter to expedite the voluntary cleanup of all contaminated properties by application of the remedial process and approach provided herein where the contaminated property or party conducting the remediation does not qualify for comprehensive liability protection.
Source.
1996, 241:2, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-F - Brownfields Program › Section 147-F:2 - Establishment of Program.

147-F:2 Establishment of Program. –
An environmental cleanup program is hereby established to further the redevelopment of contaminated properties. The cleanup program shall be administered by the department. The department of health and human services shall assist the department as necessary by the review of risk assessments for properties for which the department determines that risk assessments shall be conducted. The department of justice shall issue covenants to eligible persons in accordance with RSA 147-F:6.
Source.
1996, 241:2, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-F - Brownfields Program › Section 147-F:3 - Definitions.

147-F:3 Definitions. –
In this chapter, the following words shall have the following meanings, unless the context otherwise requires:
I. The definitions of terms provided in RSA 147-B:2 shall be applicable to this chapter to the extent those terms are used in this chapter unless otherwise defined herein.
II. "Brownfields" means properties which have been environmentally contaminated, subject to the limitations of RSA 147-F:4, II.
III. "Contaminant" or "Contamination" means hazardous waste, hazardous materials (without regard to whether transported in commerce), or oil, as defined in RSA 146-A:2, III.
IV. "Department" means department of environmental services.
V. "Eligible person" means a person who meets the criteria under RSA 147-F:4, I, and who qualifies for a covenant not to sue.
VI. "Person" means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, limited liability company, municipality, commission, and the state or a political subdivision of the state.
VII. "Program" means the brownfields program established by this chapter.
VIII. "Program participant" means any person, whether or not eligible for the liability protections created by this chapter, who is approved by the department to use the remedial process prescribed by this chapter.
Source.
1996, 241:2, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-F - Brownfields Program › Section 147-F:4 - Eligibility for Program.

147-F:4 Eligibility for Program. –
I. A person is eligible to participate in the program if the person qualifies under one of the following categories:
(a) The person is not liable under RSA 147-B for any release or threatened release of a contaminant or contaminants at the property and is either:
(1) A prospective purchaser of eligible property; or
(2) A person who holds a mortgage interest or other security interest in eligible property, including a municipality with respect to property on which there are overdue real estate taxes due to the municipality.
(b) The person, including a municipality, is a current owner of eligible property whose liability under RSA 147-B is based solely on the person's status as owner and who did not cause or contribute to the contamination at the property.
II. Any environmentally contaminated property is eligible unless one of the following conditions applies:
(a) The property is not in compliance with any corrective action order issued under RSA 147-A or any other compliance order issued under a state or federal environmental program and the department determines that the property will not be brought into substantial compliance as a result of participation in the cleanup program.
(b) The property is eligible for cost reimbursement from the oil discharge and disposal cleanup fund, the fuel oil discharge cleanup fund or the motor oil discharge cleanup fund, unless it receives substantially less than full reimbursement from these funds.
III. A person seeking a determination of eligibility shall submit to the department a certificate signed under oath that includes all information the department of justice determines is necessary to verify eligibility.
Source.
1996, 241:2. 1997, 264:2, eff. June 19, 1997.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-F - Brownfields Program › Section 147-F:5 - Available Relief.

147-F:5 Available Relief. –
I. Any person who meets the eligibility conditions of RSA 147-F:4 may request the assistance of the department in overseeing the investigation and remediation of an eligible property. An eligible person shall be entitled to the liability protections provided in RSA 147-F:7 and shall receive a covenant not to sue issued in accordance with RSA 147-F:6 upon approval of a remedial action plan for the property.
II. A successor owner or successor owners of an eligible property may receive a covenant not to sue in accordance with the terms and conditions of RSA 147-F:17.
III. A holder of a mortgage or other security interest in the eligible property, including a municipality with a tax lien, shall notify the department in connection with a foreclosure or other acquisition or transfer of title or possession of an eligible property, of an intention to continue in the program on the same terms as the original eligible person, or may elect to retain the status of a holder of property in accordance with RSA 146-A:3-c, RSA 146-C:11-a, or RSA 147-B:10, as applicable.
III-a. A municipality that acquires an environmentally contaminated property by tax deed in order to convey the property to an eligible person in the brownfields program shall be entitled to the liability protection provided in RSA 147-F:7.
IV. A lessee or tenant (that itself would qualify as an eligible person) of the eligible property under agreement with an eligible person who is implementing an approved remedial action plan under the program shall not be subject to suit described in RSA 147-F:6, I, by the state for the contamination.
V. Any person who is not an eligible person may use the remedial process provided in RSA 147-F:11 through RSA 147-F:16 at the discretion of the department. The department may issue a no-action letter, certificate of partial cleanup, or certificate of completion to any such person upon completion of an approved remedial action plan for full or partial remediation.
VI. The relief afforded under this chapter extends only to liability or potential liability arising under state law. It is not intended to provide any relief as to liability or potential liability arising under federal law.
Source.
1996, 241:2. 1997, 264:3, eff. June 19, 1997.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-F - Brownfields Program › Section 147-F:7 - Liability Protection Before Covenant Issues.

147-F:7 Liability Protection Before Covenant Issues. –
I. Site investigation and pre-remedial activities conducted at the property during participation in the program shall not trigger liability for remediation of preexisting contamination at the property solely because of the eligible person's status as owner or operator of the property under the strict liability provisions of RSA 146-A, RSA 146-C, RSA 147-A or RSA 147-B, as applicable.
II. An eligible person participating in the program shall not be liable for the remediation of additional contamination or increased environmental harm caused during site investigation or pre-remedial activities unless attributable to the eligible person's negligent or reckless conduct, except as provided in RSA 147-F:8, I(b).
III. An eligible person who withdraws from the program after site stabilization as provided in RSA 147-F:8 shall not be strictly liable as an owner under RSA 147-B:10 for preexisting contamination at the property that is known or foreseeable based upon information submitted to the department before withdrawal from the program unless the eligible person:
(a) Engages in activities at the property that are inconsistent or interfere with the approved remedial action plan;
(b) Violates any use restrictions imposed on the property by the department in accordance with RSA 147-F:15, and fails to cure after notice;
(c) Does not promptly report and address contamination caused or exacerbated by the holder's negligent or reckless acts during remedial activities as required by the department; or
(d) Fails to comply with the requirements of RSA 147-F:16, and fails to cure after notice.
Source.
1996, 241:2, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-F - Brownfields Program › Section 147-F:8 - Withdrawal From the Program.

147-F:8 Withdrawal From the Program. –
I. A program participant may withdraw from the program at any stage before or after approval of the remedial action plan. To withdraw from the program, the program participant must:
(a) File a notice of intent to withdraw with the department.
(b) Stabilize the site in accordance with a site stabilization plan approved by the department. Site stabilization is limited to those actions necessary to ensure that work conducted at the property has not caused greater risk to human health and the environment than existed before the remedial work was commenced, and to ensure that the property will not pose an imminent hazard to human health or the environment.
(c) Pay all outstanding fees accrued by the department in connection with the property's participation in the program, including fees associated with site stabilization.
II. Withdrawal from the program as provided in this section before completion of the approved remedial action plan shall not be considered inconsistent or interference with the approved remedial action plan and will not void the covenant.
Source.
1996, 241:2, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-F - Brownfields Program › Section 147-F:10 - Eligibility Determination With Respect to Covenant Not to Sue.

147-F:10 Eligibility Determination With Respect to Covenant Not to Sue. –
I. Within 30 days of receiving a complete application, the department shall make a determination of eligibility in accordance with RSA 147-F:4 after review and approval by the department of justice. The department shall send its written determination to the applicant and the municipality within which the property is located. If the department denies eligibility, it shall provide the applicant with a statement of the reasons therefor.
II. With notice of eligibility, the department shall provide the applicant with a tentative schedule for document submittal and department review of each subsequent stage of the remediation process provided under this chapter.
III. The applicant may request in writing that the commissioner of the department, in conjunction with the department of justice, review an eligibility denial. The commissioner shall issue a final decision, after review and approval by the department of justice. No appeal of the commissioner's final decision shall be available.
Source.
1996, 241:2, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-F - Brownfields Program › Section 147-F:12 - Approval of Remedial Action Plan.

147-F:12 Approval of Remedial Action Plan. –
I. Upon receipt of a remedial action plan, the department shall provide public notice of the proposed remedial action. The notice shall provide a date for a public information meeting where there is significant environmental impact.
II. An approved remedial action plan shall provide for all removal, remedial, monitoring and other activities required to protect human health and the environment and to meet all applicable cleanup standards. The department's approval shall include a designation of the activities that must be completed before a certificate of completion will be issued in accordance with RSA 147-F:13, III.
III. The department may accept alternative risk-based cleanup standards based upon risk assessments developed pursuant to RSA 147-F:11, VII(e).
IV. The department may approve a remedial action plan for all, or a portion of, contamination at the property. The department shall impose such conditions on the redevelopment and use of the property as it finds necessary or proper to assure that the contamination on the site does not pose an unacceptable risk to human health and the environment during and after completion of the remedial action plan.
V. Upon approval of a remedial action plan:
(a) The department shall issue to the program participant a notice of approved remedial action plan that identifies the property, provides a general description of the contamination and summarizes the main components of the remedial action plan, including all specific restrictions on future use of the property.
(b) The department of justice shall issue a covenant not to sue to a program participant determined to be an eligible person pursuant to RSA 147-F:4. The covenant not to sue shall be in a form and subject to the conditions set forth in RSA 147-F:6.
VI. The program participant shall immediately record the notice of approved remedial action plan in the registry of deeds for the county in which the property is located.
Source.
1996, 241:2, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-F - Brownfields Program › Section 147-F:13 - Performance and Completion of Remedial Action.

147-F:13 Performance and Completion of Remedial Action. –
I. The program participant shall perform all activities required by the approved remedial action plan and shall provide the department with regular progress reports regarding the work.
II. The department may require amendment of the remedial action plan at any time during its performance as necessary to attain the cleanup levels established in the remedial action plan in light of the approved risk assessments.
III. Upon completion of the activities specified in the approved remedial action plan, a program participant shall file with the department a completion report in form and content satisfactory to the department. Once the department determines that the required activities have been completed according to the requirements of the approved remedial action plan, that monitoring requirements are being met, that any necessary use restrictions have been implemented, and that all fees and costs due under this chapter have been paid, the department shall issue to the program participant a certificate of completion, which shall certify that the work is completed and shall include a description of any use restrictions, monitoring requirements and any other conditions that remain in effect with respect to the property.
IV. Upon receipt of a notice of a certificate of completion, a program participant shall file the document with the related covenant not to sue in the registry of deeds for the county in which the property is located.
V. If at any time the department determines, including upon petition or request by a program participant, that no further investigation, remediation, or other activities are required, the department shall issue a certificate of no further action in a form suitable for recordation, which shall so state, and which shall include a description of any remaining required use restrictions or monitoring requirements, or a statement that there are no remaining use restrictions or monitoring requirements.
VI. Upon a determination by the department, in consultation with the department of health and human services where appropriate, that property use restrictions may be terminated or shall otherwise be modified pursuant to RSA 147-F:15, the department shall issue to the program participant, in a form suitable for recordation, a notice of such determination. The department shall ensure that all such notices are recorded promptly in the registry of deeds for the county in which the property is located, either by undertaking the recordation itself, or by requiring the program participant to do so.
Source.
1996, 241:2, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-F - Brownfields Program › Section 147-F:14 - Fee Schedule.

147-F:14 Fee Schedule. –
I. Any person, except for the state and local governments, including school districts, who requests an eligibility determination under RSA 147-F:4 shall pay a nonrefundable application fee of $750 for program eligibility which shall be deposited in the hazardous waste cleanup fund. Any resubmittal of an incomplete application shall require an additional $500 for each resubmission.
II. Any eligible person, except for the state and local governments, including school districts, who has previously paid the initial application fee, or any person who becomes a program participant under RSA 147-F:5, V, shall pay a nonrefundable $4,500 fee which shall be deposited in the hazardous waste cleanup fund and used for purposes of the review work performed by the department under this chapter.
III. Any department costs exceeding the fee established in RSA 147-F:14, II, shall be charged bi-monthly to the program participant at hourly rates which include, but are not limited to, staff salaries, benefit costs, current operating expenses, legal and risk assessment review costs and travel. The hourly fees shall be deposited in the hazardous waste cleanup fund and used for the purposes of RSA 147-F.
Source.
1996, 241:2, eff. July 1, 1996. 2007, 219:7, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-F - Brownfields Program › Section 147-F:15 - Restrictions on Future Property Use.

147-F:15 Restrictions on Future Property Use. –
I. The department shall require the imposition of controls on the use of the property as necessary to protect human health and the environment during and after implementation of the remedial action plan.
II. The department may require the imposition or maintenance of some or all of the following controls or use restrictions without limiting state authority to implement other appropriate controls:
(a) Use limitations required by risk-based exposure criteria used in developing the remedial action plan.
(b) Prohibitions against physical changes to the property.
(c) Obligations to install and/or maintain protective barriers that control remaining sources of contamination.
(d) Necessary restrictions on groundwater use and requirements for the provision of alternative water supplies.
III. The department shall include all use restrictions imposed on the property in the notice of approved remedial action plan in accordance with RSA 147-F:12, V(a).
IV. The department may remove or modify use restrictions independently of the property owner by filing a release or modification of the restrictions in chain of title for the property. Any modification under this paragraph which would result in an increased restriction on the use of the property shall be based on a determination by the department that such a modification is necessary to protect human health or the environment. Before removing or modifying such use restrictions, the department shall consult with the department of health and human services and, at least 30 days prior to the filing of a release or modification of restriction, the department shall notify the owner and each mortgagee of record at their last known address by certified mail, return receipt requested, of the impending release or modification of the restrictions. For the purposes of this paragraph, any mortgagee whose mortgage was recorded in the office of the register of deeds at least 30 days prior to the mailing of the notice shall be entitled to notice. The department shall comply with the public participation requirements of RSA 147-F:12, I. The property owner, the program participant if other than the owner, and any mortgagee entitled to notice who is aggrieved by a decision to remove or modify a use restriction may appeal such decision to the commissioner of the department, whose decision shall be final.
Source.
1996, 241:2, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-F - Brownfields Program › Section 147-F:16 - Other Program Requirements.

147-F:16 Other Program Requirements. –
I. A program participant shall:
(a) Ensure stabilization of the property in accordance with RSA 147-F:8, I(b) before withdrawal from the program.
(b) Cooperate with the department throughout site investigation and remediation.
(c) Upon withdrawal from the program, provide the department with all non-privileged, material documents and information relating to the performance of site investigation or remedial activities at the property.
(d) Provide access to the department for all environmental compliance or remedial activities at the property until issuance of a certificate of completion.
(e) Provide access to any person acting pursuant to department approval for the purpose of conducting any investigative or remedial activity related to the contamination at the property until issuance of a certificate of completion.
(f) Promptly report any release or threat of release caused or exacerbated during remedial activities.
(g) Undertake emergency response action as required by the department to address releases or threats of releases at the property before completion of the remedial action plan.
(h) Pay all program fees as required by this chapter.
II. The obligations set forth in Paragraph I shall continue until the property is transferred to a successor owner, except the obligations of subparagraph I(a) shall continue until a successor owner stabilizes the site or completes implementation of a remedial action plan to the satisfaction of the department, and the transferor shall not be relieved of the obligations of subparagraph I(c).
Source.
1996, 241:2, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-F - Brownfields Program › Section 147-F:17 - Sale or Transfer of Property in Program.

147-F:17 Sale or Transfer of Property in Program. –
I. Property in the brownfields program may be transferred to a successor owner at any time during the remedial process. A successor owner may participate in the brownfields program as provided in this section after receiving an eligibility determination under RSA 147-F:10 and paying the program fee under RSA 147-F:14.
II. If transfer of the property is made before approval of a remedial action plan, the successor owner, upon receipt of an eligibility determination and payment of the program fee, shall:
(a) Become a program participant.
(b) Continue with pre-remedial activities at the property.
(c) Be vested with all benefits and obligations provided in this chapter, including responsibility for immediate site stabilization if necessary.
III. If transfer of the property is made after approval of the remedial action plan but before certification of completion in accordance with RSA 147-F:13, the successor owner, after receipt of an eligibility determination and payment of the program fee, shall:
(a) Become a program participant.
(b) Assume responsibility for completion of the approved remedial action plan, which shall be amended at the request of the successor to extend or modify the schedule for completion of remedial activities, but only if the site has been stabilized to the department's approval.
(c) Receive a covenant not to sue in accordance with RSA 147-F:6.
IV. If transfer of the property is made after certification of completion in accordance with RSA 147-F:13, the successor owner shall enjoy the full benefit of the covenant appurtenant to the property and shall comply with all conditions of that covenant. The transferor of property in the program shall certify compliance with the approved remedial action plan, including all use restrictions. This certification shall be provided in writing to the successor owner at the time of transfer, with a copy to be provided to the department.
Source.
1996, 241:2, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-F - Brownfields Program › Section 147-F:18 - Rulemaking.

147-F:18 Rulemaking. –
I. The commissioner shall adopt rules, after public hearing and pursuant to RSA 541-A, relative to the administration of the brownfields program, including:
(a) The form and content of the eligibility application and accompanying certificate, the site investigation work plan and report, the remedial action plan, the environmental risk assessment and other submittals to the department, and the certificate of compliance upon property transfer.
(b) The scope of the preliminary environmental assessment, site investigation and environmental risk assessment.
(c) The application and review process, including a checklist of the documents and information required for a complete application.
(d) Public participation.
(e) Procedures for administrative review of eligibility determinations.
(f) Criteria for remediation and site stabilization.
(g) Long-term oversight and monitoring of properties with residual contamination.
(h) Criteria for imposition of use restrictions.
(i) Program fees structure, including procedures for maintaining records of department costs for the purpose of offsetting the initial fee and obtaining reimbursement in accordance with RSA 147-F:14.
(j) Such other rules as are necessary to carry out the provisions of this chapter.
II. The department shall consult with the department of health and human services to establish appropriate procedures for review and approval of risk assessments for sites for which the department determines that risk assessments shall be conducted.
Source.
1996, 241:2, eff. July 1, 1996. 2007, 219:8, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-F - Brownfields Program › Section 147-F:19 - Enforcement.

147-F:19 Enforcement. –
I. The attorney general may institute an action before the superior court for the county in which the property is located or the superior court for Merrimack county against any person to enforce the terms of a covenant issued under this chapter.
II. If the department determines that an emergency exists at a property in the program requiring immediate action to protect the public health or environment, it may issue an order stating that an emergency exists and requiring that such action be taken as it judges necessary to meet the emergency. The order shall be effective immediately. Any person to whom such an order is directed shall comply immediately, but may appeal to the superior court for the county in which the property is located.
III. Upon petition of the attorney general, the superior court may impose a civil penalty not to exceed $25,000 for each day of a continuing violation upon any person who:
(a) Violates a use restriction imposed under this chapter.
(b) Made a material misrepresentation in any certificate or report submitted to the department under this chapter. Civil penalties imposed under this section shall be paid to the hazardous waste cleanup fund established by RSA 147-B.
IV. Any person who knowingly commits a violation listed in paragraph III of this section shall be guilty of a felony and, notwithstanding RSA 651:2, may in addition to any sentence of imprisonment, probation or conditional discharge, be fined no more than $25,000 for each violation if found guilty pursuant to this section. Each day of violation shall constitute a separate offense. Criminal penalties imposed under this section shall be paid to the hazardous waste cleanup fund established by RSA 147-B.
Source.
1996, 241:2, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 147-F - Brownfields Program › Section 147-F:20 - State Brownfields Cleanup Revolving Loan Fund.

147-F:20 State Brownfields Cleanup Revolving Loan Fund. –
Authority is granted for the state of New Hampshire to participate in the federally funded state brownfields cleanup revolving loan funds as may be provided under the Comprehensive Environmental Response, Compensation, and Liability Act, or related federal legislation as amended from time to time. The loan funds shall be administered by the commissioner, under rules adopted by the commissioner pursuant to RSA 541-A.
Source.
2000, 82:1, eff. June 20, 2000.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:1 - Construction.

149-I:1 Construction. –
The mayor and aldermen of any city may construct and maintain all main drains or common sewers, stormwater treatment, conveyance, and discharge systems, sewage and/or waste treatment, works which they adjudge necessary for the public convenience, health or welfare. Such drains, sewers, and systems shall be substantially constructed of brick, stone, cement, or other material adapted to the purpose, and shall be the property of the city.
Source.
1870, 5:1, 6. GL 78:6, 11. PS 79:2. PL 95:3. RL 111:3. 1945, 188, part 22:4. RSA 252:4. 1961, 120:4. 1981, 87:2, eff. April 20, 1981. 2008, 295:1, eff. Aug. 26, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:2 - Taking Land.

149-I:2 Taking Land. –
Whenever it is necessary to construct such main drains or common sewers, stormwater treatment, conveyance, and discharge systems, sewage and/or waste treatment facilities across or on the land of any person and the city cannot obtain for a reasonable price any land or easement in land required by it, the mayor and aldermen may lay out a sufficient quantity of such land for the purpose and assess the owner's damages in the same manner as in the case of taking land for highways pursuant to RSA 230 and the owner shall have the same right of appeal, with the same procedure.
Source.
1873, 29:1. GL 78:13. PS 79:3. PL 95:4. RL 111:4. 1945, 188, part 22:5. RSA 252:5. 1967, 300:3. 1981, 87:2, eff. April 20, 1981. 2008, 295:2, eff. Aug. 26, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:3 - Water Pollution.

149-I:3 Water Pollution. –
Any city which shall have received an order by the department of environmental services under the provisions of RSA 147, 485, or 485-A shall proceed forthwith to acquire whatever easements and lands as are necessary to comply with said order and may enter upon, for the purpose of survey leading to land description, any land of any person. In so proceeding the mayor and aldermen shall institute any necessary land taking in accordance with the provisions of RSA 149-I:2 and, anything contained in RSA 231 or in the statutes generally notwithstanding, the decision of the mayor and aldermen shall not be vacated and any subsequent appeal or other action by the owner or owners shall be based solely on the amount of damages assessed, and the mayor and aldermen or their duly appointed agents shall have full right of immediate entry for the purpose of detailed surveys, borings, or the conduct of any and all other actions necessary or desirable to aid the city in the implementation of the order by the department of environmental services.
Source.
RSA 252:5-a. 1969, 377:4. 1981, 87:2. 1986, 202:6, I(a). 1989, 339:19. 1996, 228:108, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:4 - Contracts; Sewage or Waste Treatment Facilities.

149-I:4 Contracts;  Sewage or Waste Treatment Facilities. –
The mayor and aldermen of any city may lease, enter into contracts to provide, sell, or purchase stormwater treatment, conveyance, and discharge systems, and sewage or waste treatment facilities to or from any other city, town, village district or person whenever they judge the same necessary for the public convenience, health and welfare.
Source.
1949, 77:1. RSA 252:6. 1961, 120:5. 1981, 87:2, eff. April 20, 1981. 2008, 295:3, eff. Aug. 26, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:5 - Inconsistent Charter Provisions Repealed.

149-I:5 Inconsistent Charter Provisions Repealed. –
The provisions of any city charter inconsistent with the provisions of this chapter are hereby repealed as to the extent of such inconsistency.
Source.
1949, 77:2. RSA 252:7. 1981, 87:2, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:6 - Bylaws and Ordinances.

149-I:6 Bylaws and Ordinances. –
I. In municipalities where the sewage is pumped or treated, the mayor and aldermen may adopt such ordinances and bylaws relating to the sewage system, pumping station, treatment plant or other appurtenant structure as are required for proper maintenance and operation and to promote the objectives of the sewage system.
I-a. In municipalities where stormwater is collected and discharged, the mayor and aldermen or town governing body may, with the advice of the planning board when requested by the governing body, adopt such ordinances and bylaws as are required for the proper maintenance and operation of the stormwater system or stormwater utility and any appurtenant structures, and to promote flood control and erosion control, water quality management, ecological preservation, management of annual pollutant load contained in stormwater discharge, and municipal compliance with applicable state and federal stormwater laws and regulations.
II. Any person who violates any ordinance or bylaw adopted pursuant to paragraph I of this section shall be subject to a civil penalty not to exceed $10,000 per day of such violation.
III. A municipality shall give notice of the alleged violation to the department of environmental services within 10 days of commencement of any action under this section.
Source.
1941, 201:1. RL 111:5. 1945, 188, part 22:6. RSA 252:8. 1973, 531:83. 1981, 87:2. 1988, 241:1. 1994, 95:4. 1996, 228:108, eff. July 1, 1996. 2008, 295:4, eff. Aug. 26, 2008. 2015, 247:1, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:6-a - Definitions.

149-I:6-a Definitions. –
In this chapter:
I. "Equivalent residential unit" or "ERU" means the fee unit basis for all fees assessed by a stormwater utility.
II. "Stormwater" means surface runoff and drainage that is generated from precipitation and snowmelt, including any debris, chemicals, sediment, or other substances carried along with the water.
III. "Stormwater utility" means a special assessment district established to generate funding specifically for stormwater management.
IV. "Stormwater utility commission" means the governing body managing the activities of the stormwater utility. When the utility encompasses more than one municipality, representation on the commission shall be proportional to the number of fee units within each jurisdiction.
Source.
2008, 295:5, eff. Aug. 26, 2008. 2012, 132:1, eff. Aug. 4, 2012.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:6-b - Stormwater Utility Authorized.

149-I:6-b Stormwater Utility Authorized. –
The formation of a stormwater utility is hereby authorized upon approval by a majority vote of the legislative body of a municipality. In the case where a stormwater utility encompasses land within more than one municipality, the utility may be authorized by majority vote of the legislative bodies within each affected jurisdiction. Inter-municipal stormwater utilities shall be governed by a stormwater utility commission.
Source.
2008, 295:5, eff. Aug. 26, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:6-c - Criteria for Stormwater Utilities.

149-I:6-c Criteria for Stormwater Utilities. –
The stormwater utility shall address flood and erosion control, water quality management, ecological preservation, and annual pollutant load contained in stormwater discharge.
I. Utilities may collect reasonable fees that are directly related to the cost of providing services.
II. Properties charged assessments shall have equal opportunity to receive proportional benefit from the utility.
III. The utility shall offer credits or fee abatements based on on-site management of water quality impairment or peak runoff storage, or both. The utility shall adopt design standards to determine the amount of abatement.
IV. In assessing fees, the stormwater utility district shall forecast the annual cost of each component in the district's stormwater management program. This forecast shall be the basis for annual assessments distributed equally among the number of fee units within the district.
V. A minimum assessment may be established for fee units based on single family residences. This equivalent residential unit (ERU) can serve as the fee unit basis for all fees. Government property and non-profit organizations shall be subject to the fee structure.
VI. Boundaries of the district are not required to coincide with municipal boundaries.
Source.
2008, 295:5, eff. Aug. 26, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:6-d - System for Fee Units.

149-I:6-d System for Fee Units. –
Each stormwater utility commission shall establish a system for fee units based on at least one of the following property-specific attributes:
I. Total impervious area.
II. Calculated lot runoff.
III. Total lot area.
IV. Land use classification developed for assessment of fees.
Source.
2008, 295:5, eff. Aug. 26, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:7 - Levying.

149-I:7 Levying. –
The mayor and aldermen may assess upon the persons whose drains enter such main drains, common sewers, stormwater treatment, conveyance, and discharge systems, or treatment facilities, or whose lands receive special benefit therefrom in any way, their just share of the expense of constructing and maintaining the same or paying off any capital debt or interest incurred in constructing and/or maintaining the same.
Source.
1870, 5:2. 1872, 25:1. GL 78:7. PS 79:4. PL 95:5. RL 111:6. 1945, 188, part 22:7. RSA 252:9. 1961, 120:6. 1973, 483:1. 1981, 87:2, eff. April 20, 1981. 2008, 295:6, eff. Aug. 26, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:8 - Sewer Rentals.

149-I:8 Sewer Rentals. –
For the defraying of the cost of construction, payment of the interest on any debt incurred, management, maintenance, operation, and repair of newly constructed sewer systems, including newly constructed sewage or waste treatment and disposal works, the mayor and aldermen may establish a scale of rents to be called sewer rents, and to prescribe the manner in which and the time at which such rents are to be paid and to change such scale from time to time as may be deemed advisable. Except in the case of institutional, industrial or manufacturing use, the amount of such rents shall be based upon either the consumption of water on the premises connected with the sewer system, or the number of persons served on the premises connected with the sewer system, or whether the user is on a pressure or gravity system, or upon some other equitable basis.
Source.
1933, 98:2. RL 111:7. 1945, 188, part 22:8. RSA 252:10. 1961, 120:7. 1971, 289:1. 1981, 87:2. 1987, 142:1, eff. July 6, 1987.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:9 - Combined Billing Permitted.

149-I:9 Combined Billing Permitted. –
In municipalities which assess sewer rents, or have established fees for a stormwater utility, such assessments may be combined in a bill with assessments for other municipal services.
Source.
RSA 252:10-a. 1975, 299:1. 1981, 87:2, eff. April 20, 1981. 2008, 295:7, eff. Aug. 26, 2008.