Title X, Public Health

I. If a hazardous waste site is discovered which poses an imminent threat to the public health, safety, and welfare, the commissioner of environmental services may, after court authorization or order, make application to the governor for funds to clean up such wastes under the au…

The department may: I. Issue an order to any person in violation of this chapter, a permit issued under this chapter, or a rule adopted under this chapter to comply with this chapter, the permit, or the rule, and require such remedial measures as may be necessary; or II. Request …

Any order issued by the department pursuant to this chapter may be recorded in the registry of deeds for the country in which the subject facility is situated. A recorded order shall run with the land, provided that an appropriate description of the land involved including the ac…

I. Any person aggrieved by an action of the department may appeal to the waste management council established under RSA 21-O:9 for review of: (a) A decision of the department to grant, deny, modify, suspend or revoke an operator or transporter permit; or (b) An order issued by th…

I. Any person shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person who knowingly: (a) Violates any provision of RSA 147-A or any rule adopted by the commissioner relative to RSA 147-A; (b) Violates any term or condition of a permit or…

I. Any person who treats, stores, transports, causes to be transported, disposes of or otherwise handles any hazardous waste in knowing violation of any material condition or requirement of such permit or in knowing violation of any material condition or requirement of any applic…

I. In determining whether a natural person knew that his or her conduct placed another in imminent danger of death or serious bodily injury, knowledge possessed by another may not be attributed to that person. Circumstantial evidence may be used to prove possession of actual know…

I. Any person shall be subject to a civil forfeiture of up to $50,000 for each day of a continuing violation, in addition to enforcement by injunctive relief, who violates: (a) Any provision of RSA 147-A or any rule adopted by the commissioner relative to RSA 147-A; or (b) Any te…

I. The commissioner of the department of environmental services may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter including any rule adopted under the provisions of this chapter. Appeals from a decis…

The general court encourages cooperative activities by the department with other states for the improved management of hazardous wastes; for improved, and so far as is practicable, uniform state laws relating to the management of hazardous wastes; and for compacts between this an…

Nothing contained in this chapter shall be construed to modify or limit the duties and authority conferred upon the department under RSA 146-A, RSA 485, RSA 485-A, or RSA 125-C.

In this chapter, the following words shall have the following meanings: I. [Repealed.] I-a. "Abutter" means any person who owns property adjacent to, or across a road, railroad, or stream from the property on which a hazardous waste facility will be permitted. I-b. "Commissioner"…

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 application, and to this end the p…

The commissioner shall adopt rules, pursuant to RSA 541-A and after public hearing, relative to: I. Criteria for the determination of whether any waste or combination of wastes is hazardous for the purposes of this chapter. "Pesticides" as defined in RSA 430 are subject to this c…

The department shall administer and enforce the hazardous waste operator permit program. I. Any person constructing, substantially altering, or operating a hazardous waste facility or disposing of hazardous waste on or after July 1, 1980, shall first obtain a permit from the depa…

Any application for a permit under RSA 147-A:4 shall be signed under oath by a representative of the applicant and shall contain the following information: I. Name and address of the applicant. II. If the applicant is a corporation, the state of incorporation, the address of its …

I. The department shall not issue a permit to a hazardous waste facility unless the facility meets the terms and conditions required in rules adopted by the department. These terms and conditions include, but are not limited to, evidence of financial responsibility in the amount …

I. Any laboratory conducting tests for the presence of hazardous waste, other than water testing laboratories accredited under RSA 485:44, may apply for certification by the department. II. The department shall establish and administer a program to certify on an annual basis the …

I. The commissioner shall adopt rules under RSA 541-A, after public hearing, establishing a schedule of reasonable fees to be paid by any laboratory applying for approval and certification, including any travel and consultant costs related to certification of out-of-state laborat…

The department shall administer and enforce the transporter program. I. Any transporter of hazardous waste within the state shall annually register with the department using forms provided by the department before engaging in the transportation of hazardous wastes, unless conditi…

I. Each initial notification of hazardous waste activity filed by any new hazardous waste generator in New Hampshire shall be accompanied by a non-refundable fee of $150. II. Political subdivisions of the state shall be exempt from this notification fee. III. Hazardous waste gene…

I. For the purpose of determining compliance with this chapter, any rule adopted by the department relative to this chapter or any permit issued by the department, an employee or an authorized representative of the department may, upon presentation of appropriate credentials and …

I. The attorney general shall have the power to examine witnesses and documents and to request information for the purpose of enforcing the provisions of this chapter and the provisions of RSA 147-B. II. If, during the course of any investigation under this chapter or RSA 147-B, …

I. Any owner, operator, generator, or transporter who causes or suffers the treatment, storage, transportation or disposal of hazardous waste in violation of RSA 147-A or rules adopted or permits issued under RSA 147-A or RSA 106-A:17-RSA 106-A:19 or rules adopted by the commissi…