Title X, Public Health

I. Under this section, the following terms shall be construed as follows: (a) "Person" means any operator, distributor, dealer, or broker who, or any wholesale terminal facility which, imports or causes to be imported oil into the state. "Person" does not mean an oil spill cleanu…

The commissioner shall adopt rules under RSA 541-A, after public hearing, relative to: I. Operation and inspection of oil terminal facilities, including equipment related to the operation of oil terminal facilities. I-a. Requirements for facility owners to prepare, submit, and co…

Whenever any disaster or catastrophe exists or appears imminent arising from the discharge of oil, petroleum products or their by-products, the governor shall by proclamation declare the fact and that an emergency exists in any or all sections of the state. If the governor is tem…

The commissioner may set a schedule of bonding to be required from oil, gas and petroleum product suppliers, dealers and others that are under the jurisdiction of this chapter to provide for emergency cleanup and provide for the protection of the environment from accidental intru…

I. Any person who recklessly discharges or spills oil into or onto the surface water or groundwater of the state or in a land area where the oil will ultimately seep into such waters or any person who recklessly violates any provision of this chapter or any rule adopted under the…

I. The commissioner of the department of environmental services may impose an administrative fine not to exceed $4,000 for each offense upon any person who violates any provision of this chapter including any rule adopted under the provisions of this chapter or any order or permi…

I. The department is authorized to issue an administrative order directing any person to cease activity violating this chapter or any rule adopted under the provisions of this chapter, to take action necessary to comply with this chapter or any rule adopted under the provisions o…

Any person who is determined to be strictly liable for discharge or spillage of oil and who willfully fails to comply with a department order requiring investigation, containment, cleanup, removal, remedial measures, or corrective measures, shall be liable to the state in double …

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the …

I. No person, as defined in RSA 146-A:2, VI, shall sell, deliver for sale, import, or cause to be imported into the state for sale any neat gasoline ethers or gasoline containing MtBE, other gasoline ethers, or tertiary butyl alcohol (TBA) in quantities greater than 1/2 of one pe…

For the purpose of this chapter the following words shall have the following meanings, unless the context otherwise requires: I. "Barrel" means 42 United States gallons at 60 degrees Fahrenheit; I-a. "Discharge" or "spillage" means the release or addition of any oil to land, grou…

I. In this section, "development" means any pipeline or other infrastructure that transports oil or natural gas from production facilities located in federal waters or other coastal state waters in the Atlantic Ocean through New Hampshire coastal state waters and any land-based s…

In this subdivision, "residential heating oil underground storage tank" means an underground storage tank used solely for heating a residential building.

I. Except as provided in RSA 146-A:21, II, a residential heating oil underground storage tank shall be removed, in accordance with state fire code as defined by RSA 153:1, VI-a, if a change in the heating system removes it from use or if the owner does not intend to use it in the…

The discharge or spillage of oil into the surface water or groundwater of this state, or in a land area where the oil will ultimately seep into surface water or groundwater is prohibited. Nothing in this chapter, however, shall prohibit the application of mosquito larvae control …

I. Any person who, without regard to fault, directly or indirectly causes or suffers the discharge of oil into or onto any surface water or groundwater of this state, or in a land area where oil will ultimately seep into any surface water or groundwater of the state in violation …

I. A holder who has not assumed ownership of a facility or vessel by the act of taking title by foreclosure or by other similar means and who has not assumed responsibility for the operation of the facility or vessel shall not be liable under RSA 146-A:3-a. II. (a) A holder who h…

I. A fiduciary shall not be liable in its individual capacity under RSA 146-A:3-a. II. Nothing in this section shall preclude claims under RSA 146-A:3-a against: (a) A fiduciary in its representative capacity; (b) The assets of the estate or trust administered by a fiduciary; or …

Nothing in RSA 146-A:3-c or 146-A:3-d shall be construed to relieve a holder or fiduciary from any legal duty requiring a report, notification or disclosure of an oil discharge otherwise established under New Hampshire law.

I. Oil pipeline facility owners shall submit a spill response plan to the department that provides spill protection equivalent to or greater than a facility response plan under 49 C.F.R. section 194.101. A person who has contracted with an oil pipeline facility to provide contain…

I. Whenever an oil discharge or spillage occurs which may pollute or which has polluted the surface water or groundwater of this state, the department of environmental services shall be notified immediately and shall assume primary jurisdiction of the cleanup operation. In the in…

I. Whoever is responsible for the operation of any oil facility, carrier, or vessel that discharges oil in violation of this chapter shall immediately notify the department of environmental services or its designee. Any person who fails to give such notice shall be guilty of a mi…

All law enforcement officers and fire officials on the advice of the department or the department's authorized agent may assist in any oil spillage cleanup operation and may receive its support and guidance when engaged in such assistance.

I. Notwithstanding any other provision of law or rule to the contrary, no oil spill cleanup organization or other person acting to contain, remove, clean up, restore or take other remedial or corrective action or measures with regard to the spillage or discharge of oil, or threat…

The attorney general shall institute such legal or equitable action as he deems necessary to recover or obtain judgment for the costs of containment, cleanup, removal, corrective measures or civil penalties. This action may be brought in conjunction with an action for injunctive …