New Hampshire Administrative Code

"Corrective action report" means a report on site conditions or cleanup submitted in accordance with department rules. Notes N.H. Admin. Code § Odb 402.10 Derived from Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019, Expires 12/15/2029

"Deductible" means initial costs incurred for which an owner is liable to the fund under RSA 146-D:6, V and RSA 146-D:6, VI. Notes N.H. Admin. Code § Odb 402.11 Derived from Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019, Expires 12/15/2029…

"Department" means the New Hampshire department of environmental services. Notes N.H. Admin. Code § Odb 402.12 Derived from Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019, Expires 12/15/2029

"Discharge" means a spill or release of oil, fuel oil, motor oil, gasoline, or gasoline ethers. Notes N.H. Admin. Code § Odb 402.13 Derived from Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019, Expires 12/15/2029

"Facility" means a location, including structures or land, at which oil is subjected to treatment, storage, processing, refining, pumping, transfer, or collection. The term, including: (a) An "above ground storage facility " as defined in RSA 146-D:2, I; (b) An "on-premises-use f…

"Financial statement" means a complete accounting of a facility owner's financial condition prepared in accordance with generally accepted accounting practices or standards including a statement of assets and liabilities, income statement, statement of cash flows, and statement o…

"Fund" means the oil discharge and disposal cleanup fund established by RSA 146-D. Notes N.H. Admin. Code § Odb 402.16 Derived from Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019, Expires 12/15/2029

"Other insurance" means private insurance coverage for corrective action or third-party damage costs that is valid and collectible by the owner, and includes private insurance held by the owner through either a wholly-owned or jointly-owned subsidiary in the business of providing…

"Owner" means the person having legal ownership of an oil storage facility, land, and potential contamination source properties under RSA 146-D:6, II and public and private water supplies under RSA 146-D:6, I. Notes N.H. Admin. Code § Odb 402.18 Derived from Volume XL Number 2, F…

"Performance standard" means the expected level of completeness, quality, or reduction in measurable contamination when performing corrective action based on department rules. Notes N.H. Admin. Code § Odb 402.19 Derived from Volume XL Number 2, Filed January 9, 2020, Proposed by …

"Person" means any company and its parents, subsidiaries, business units, and affiliates established under any legal form, an individual, group, trust, firm, joint stock company, corporation including a government corporation, partnership, association, limited liability company, …

"Project cost ledger" means a department-approved electronic spreadsheet, accounting software, or other electronic application or system, that itemizes all costs and charges to a fund-eligible project, and ties those costs and charges to a general ledger accounting system. Notes …

"Property damage" means physical damage to, or loss of use of, tangible property owned by a party other than the facility owner or his or her employees. Notes N.H. Admin. Code § Odb 402.22 Derived from Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15…

"Reimbursement" means an assignment of money from the fund. Notes N.H. Admin. Code § Odb 402.23 Derived from Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019, Expires 12/15/2029

"Site" means "site" as defined in Env-Or 602.31. Notes N.H. Admin. Code § Odb 402.24 Derived from Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019, Expires 12/15/2029

"Third-party damages" means damages, which are an obligation of an owner as a result of a court-approved settlement or judgment in a civil action against the owner by a party who has suffered bodily injury or property damage as defined in this part. Notes N.H. Admin. Code § Odb 4…

"Upload submittal" means a reimbursement request submitted via the department One Stop Data Provider web site https://www4.des.state.nh.us/OnestopDataProviders/DESLogin.aspx, or successor systems, in portable document format (PDF). Notes N.H. Admin. Code § Odb 402.26 Derived from…

"Web-based submittal" means a reimbursement request submitted by an applicant via the department One Stop Data Provider web site https://www4.des.state.nh.us/OnestopDataProviders/DESLogin.aspx, or successor systems, using an application developed and maintained by the department …

"Web-based submittal with expedited payment" means a web-based submittal that is processed for payment within 30 days. Notes N.H. Admin. Code § Odb 402.28 Derived from Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019, Expires 12/15/2029

(a) An owner or applicant submitting a reimbursement request shall provide an invoice summary that lists each contractor invoice and includes the following information: (1) A page header including the department site number, project number, site/project name, and reimbursement re…

An owner submitting a reimbursement request shall provide the following information on a "Reimbursement Authorization Form" obtained from the board: (a) Authorization information including the type of facility or project and whether reimbursement is sought for corrective action c…

(a) With the exception of requests submitted by the department, requests for reimbursement shall be submitted within one year of completing corrective action. (b) Requests for reimbursement for third-party damage costs shall be submitted within 60 days of notice of a final court …

(a) Requests for reimbursement shall include the following:(1) For an owner's initial request, a completed "Reimbursement Authorization Form" that includes the information required under Odb 403.02; (2) For paper submittals, upload submittals, or an initial web-based submittal a …

(a) Upon receipt of a request for reimbursement, the board shall, through the department, determine if the request is complete pursuant to Odb 404.01 and Odb 404.02. Incomplete requests shall be returned within 30 days of receipt. (b) Upon receipt of a complete reimbursement requ…

(a) The board shall consider requests for reimbursement from the fund as follows: (1) Web-based submittals with expedited payment and corrective action performed by the department shall have first priority; (2) Web-based submittals shall have second priority; (3) Upload submittal…

(a) The fund shall be available for reimbursement of costs incurred for corrective action, third-party damages, public water supply gasoline ether monitoring under Env-Dw 300, and providing notification under RSA 485:16-a, II. (b) The fund shall be available to the owner of a fac…

(a) The fund shall provide excess insurance to reimburse corrective action costs and third-party damage costs not covered within the limits of other valid and collectible insurance. The fund shall provide coverage only after any primary, excess, and umbrella coverage is exhausted…

(a) An owner's assignment of interest in the fund or right of subrogation claims against the fund shall not be assignable or transferable to a third party. Any attempted assignment or transfer shall not be effective against the fund and shall be considered void. (b) If an owner's…

(a) The deductible amount described in RSA 146-D:6, V shall be withheld from reimbursement to an owner, but not withheld from an applicant. (b) If a deductible is not withheld, the board shall bill the owner for the deductible amount through the department and the owner shall pay…

(a) An owner may enter into a contract that includes provisions for direct reimbursement to an applicant. (b) Contracts shall be executed prior to the performance of work by the applicant, and shall not provide for separate reimbursement to individual subcontractors. (c) The appl…

An owner shall allow the board or its designee to enter, during reasonable hours, any facility or site location and associated structures, including offices, to inspect any activity and records related to a reimbursement request. Notes N.H. Admin. Code § Odb 406.04 #8491, eff 11-…

(a) An owner or applicant shall allow the board or its designee to conduct periodic financial audits of all records related to a reimbursement request, including project cost ledgers, contractor invoices, subcontractor and vendor invoices, expense receipts, timesheets or timeshee…

(a) With the exception of emergency response action performed under Env-Or 605.03, an owner or applicant seeking reimbursement from the fund shall submit a work scope and budget prior to performing corrective action. (b) If applicable, the owner or applicant shall evaluate the co…

An owner may perform corrective action with its own employees and equipment subject to other applicable requirements or limitations of this chapter. Reimbursement shall be limited to actual costs based on employee pay rates, cost of benefits and equipment operating costs. Costs a…

Temporary supplies of potable water provided under authority of RSA 146-D:6I, shall only be available through department contractors. Notes N.H. Admin. Code § Odb 407.03 #8491, eff 11-22-05; ss by #9935-A, eff 9-1-11 Amended by Volume XL Number 2, Filed January 9, 2020, Proposed …

(a) An owner of a private water supply may request reimbursement under RSA 146-D:6I for permanent connection to a public or non-public water supply system available at or near the owner's property boundary. (b) The owner shall provide a letter from the water supply system owner o…

(a) An owner of a private water supply may request reimbursement under RSA 146-D:6I for the installation of a new or replacement groundwater supply well and appurtenances. (b) A new or replacement private water supply shall be approvable if connection to a public or non-public wa…

(a) An owner of a public or non-public water supply system may request reimbursement under RSA 146-D:6I for a feasibility study, the construction of a distribution system extension, construction of new treatment processes, water supply wells or distribution systems, replacement o…

Water supply system extension costs reimbursable under RSA 146-D:6, I shall be determined by multiplying the percentage of properties serviced that are contaminated by the total project engineering and construction costs attributable to the installation of the distribution mains …

If the balance in the oil discharge and disposal cleanup fund plus projected revenues is not sufficient to pay all current uncontested reimbursement claims, current obligations of the department, and estimated future reimbursement claims for known projects, the board shall requir…

(a) Reimbursable corrective action costs shall be the usual and customary market rates or costs for labor, equipment, capital equipment startup, operation, maintenance and relocation pursuant to (d)(3) below, materials and supplies, goods, services or task, administration of subc…

(a) Reimbursement shall not exceed actual invoiced costs paid or incurred less any discounts received. (b) The costs for local, state or federal inspection fees, or charges related to obtaining access, shall not be reimbursable. (c) Legal costs shall not be reimbursable. (d) An o…

(a) If a demand for payment of third-party damages is made against an owner who will seek reimbursement under RSA 146-D:6, II, the owner shall forward such demand to the board within 30 days of receipt and shall inform the board of any attempts made to settle the matter before th…

(a) The board shall not be responsible for the defense of the owner but shall have the right to intervene in the action as a party in interest, and shall have the right to participate in all settlement discussions related to a threatened or filed third-party action. (b) The owner…

(a) The owner shall be eligible for reimbursement of third-party damages that are not payable by other insurance, to the extent that the court-ordered judgment or settlement consists of compensable bodily injury costs or property damage costs suffered by the claimant. (b) If the …

(a) No reimbursement shall be made from the fund for third-party damage costs until the amount of the owner's obligation to pay is finally determined either by judgment against the owner after trial on the merits or by written agreement between the owner and the claimant and ente…

(a) With the exception of the Odb 405.01(d) compliance date, an owner or applicant may request that the board waive the application of the rules of this chapter pertaining to fund eligibility and reimbursement, unless such request, if granted, would constitute a waiver of statuto…