Title X, Public Health

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 authorized member or agent of the department of health and human services may enter any land for the purpose of collecting information that may be necessary to investigate or inspect drainage systems pursuant to RSA 147:14 or private sewage systems pursuant to RSA 147:17-a. N…

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. 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 …

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…

If a person shall use or occupy a building or place near a dwelling-house or schoolhouse, or in the compact part of a town, for a slaughterhouse, a place of deposit of green pelts or skins, or for trying tallow, currying leather, or carrying on any other business that is offensiv…

The health officers may withdraw the permission by notice in writing whenever in their opinion such use or occupancy of a building or place becomes a nuisance. In such case they shall order the abatement of the nuisance and the discontinuance of the use or occupancy within a time…

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. 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 dep…

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…

The health officer shall have the authority to order occupants to vacate a building, structure, or other premises if the officer determines, based on reasonable information and belief, that the condition of such premises constitutes a clear and imminent danger to the life or heal…

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…

If the owner or operator of an outdoor wood-fired hydronic heater (OWHH), as defined under RSA 125-R, operates the OWHH in a manner which causes a nuisance or is injurious to the public health, the health officers may, in writing, order that use of the OWHH be discontinued. The d…

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…

Whenever a building, tenement or room occupied as a dwelling or schoolroom, or any cellar or other appurtenance connected therewith, has become the source of danger to the health of its occupants or others from want of cleanliness the health officers may order the owner, the owne…

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 pay…

I. Faulty Private Sewage System. Whenever any private sewage system is in such disrepair as to constitute a source of danger to the health of the public, the health officer may order the owner to put the same in a proper sanitary condition. II. Failure to Repair. If the person so…

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…

All expenses to the town or city for repairs made pursuant to the provisions of RSA 147:17-a, II shall constitute an assessment against the owner and shall create a lien upon the lands on account of which such repairs are made. The governing board shall have all the powers in mak…

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 …

It shall be unlawful for any person to spit upon any sidewalk, in the compact part of any city, village or town, or in any railway station, hall or other public place, or in any street or steam railway car other than smoking cars, except into spittoons or other receptacles provid…

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…

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 t…

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.

All persons keeping fruit for retail sale adjoining a sidewalk in the compact part of any village or city shall provide for public use a suitable receptacle for waste matter upon the outside of such store and adjoining or upon such sidewalk.

The commissioner of the department of health and human services shall, in addition to the rules and ordinances of the health officers of towns, adopt other rules pursuant to RSA 541-A, as in the commissioner's judgment the public good requires, and the rules shall be enforced by …

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 …

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"…

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 t…

I. When the department receives an application for a new hazardous waste facility, the department shall immediately notify the governing body of the municipality in which the facility is proposed to be located. This requirement shall apply to permit applications for treatment, st…

In this chapter, the following words shall have the following meanings, unless the context otherwise requires: I. [Repealed.] I-a. "Borrower" means the obligor of an obligation secured by a mortgage interest, mortgage lien, or security interest in a facility. I-b. "Automotive oil…

The receptacles mentioned in RSA 147:18 and 19 shall be kept clean and wholesome.

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…

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 …

No person shall deposit any rubbish within the limits of any highway, park or common, or throw upon the sidewalk or into any street in the compact part of any city or village, any waste from any fruit or any paper, or other offensive or unsightly substance.

Any person who owns, controls or has in custody a container originally used for refrigeration purposes shall, before discarding it, remove the door, doors or lid. Any person failing to comply with this section shall be guilty of a misdemeanor.

Any person violating the provisions of RSA 147:18 to 21 shall be guilty of a violation.

Health officers of towns, and each of them, shall inquire into all nuisances and other causes of danger to the public health, and for the purpose of such investigations, or whenever they shall know or have cause to suspect that any nuisance or other thing injurious to the public …

There shall be at least 5, but no more than 9, persons appointed to serve on the committee. At least one member shall be a chemical engineer if such a person is available for appointment. The governing body shall: I. Appoint to the committee one or more members of: (a) The planni…

I. There is hereby established the New Hampshire hazardous waste cleanup fund to be used for the purposes of this chapter. II. This nonlapsing, revolving special fund is hereby continually appropriated to be expended by the department in accordance with RSA 147-B. All moneys not …

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…

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 quarte…

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 herei…

I. The department shall allocate $ 60,000 annually from the fund for the development and implementation of a hazardous waste facility siting program. This program may include the establishment by the state of hazardous waste facility sites in the state to facilitate proper hazard…

I. The committee shall: (a) Represent the town in the public hearing process relating to the facility's permit application; (b) Have access to all information given to and comments made to the department, except that information relative to a facility application obtained by the …

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 faci…