Title X, Public Health

Each town, city or unincorporated place is authorized to receive and expend revenue for the purpose of disposing of solid wastes or trucking or separating and recycling solid wastes in an appropriate manner. Such revenue may also be spent to study and prepare a proposal for the s…

Nothing contained in this subdivision shall relieve communities of obligations, existing under other provisions of law, to abate open dumps or nuisances, or to establish sanitary landfills, and nothing herein shall impose upon any municipality in this state a financial burden in …

No municipality in this state shall be prohibited by any provision of local or state law from entering into long-term contracts for the supply of solid waste to resource recovery facilities.

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.

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 sh…

The governor, upon the recommendation of the commissioner, may certify that circumstances exist which require use of the fund when the treatment, storage, transportation, or disposal of hazardous waste or hazardous materials may cause immediate or long-term danger to the environm…

The committee may accept private, state or federal funds to pay for independent investigations on proposed sites and for other purposes associated with this chapter.

They may employ such assistants and laborers as may be necessary, and if resisted shall have the same powers as sheriffs have to command assistance; and any person wilfully resisting them or their assistants or laborers, in making the search or removing the nuisance or other thin…

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…

I. Any person who is convicted of violation of a permit, rule, standard, requirement, or order under RSA 147:55 and who is made a defendant in a civil action arising from that violation shall be liable to a successful plaintiff in an amount equal to 3 times any actual damages sus…

I. The fund shall be used to provide for the adequate and safe containment and cleanup of sites within New Hampshire where hazardous wastes or hazardous materials have been stored or disposed of which threaten the environment or the public health and welfare. I-a. The fund may be…

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.

When the owner of a building, vessel or enclosure is unknown to the health officers, or does not reside in town, and the same is unoccupied, or the occupant is, in their opinion, unable to remove the same, they may, without previous notice, immediately cause the nuisance or other…

This chapter shall not be deemed to permit the committee to preempt the powers of any local board or other local authority relative to the regulation of zoning and planning.

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. The covenant not to sue shall protect against liability for contamination addressed by an approved remedial action plan, including any modifications made pursuant to RSA 147-F:13, II. II. The covenant shall be in a form approved by the department of justice and shall contain a…

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. The commissioner shall adopt rules, after public hearing and pursuant to RSA 541-A, relative to: (a) Time, amount and manner of payment of hazardous waste cleanup fund fees; (b) Required records to be kept by generators and by facility owners or operators of the type and quant…

The owner or occupant of a building, vessel or enclosure shall be liable to pay the expense of the removal or destruction of the nuisance or other thing, including the fees of the health officers who order or cause the same to be removed; and the same may be recovered by action b…

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 prop…

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. If the department issues a permit to a facility which, in the judgment of the committee, does not adequately protect the health and safety of the residents of the town, the committee may appeal to the waste management council established under RSA 21-O:9 for review in accordan…

As a prerequisite to the use of the alternative abatement cost collection procedure under RSA 147:7-b, any notice or order given pursuant to RSA 147:4, 147:11, 147:17, or 147:17-a, shall be in writing and subject to the following requirements: I. The notice shall contain: (a) A d…

A municipality which has incurred costs for the removal or destruction of a public health nuisance pursuant to RSA 147:4-6, 147:11, 147:13, 147:17, or 147:17-a, may, as an alternative to a civil action to recover such costs, institute collection of such costs using the following …

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 …

I. Each hazardous waste generator that generates in a 3-month period 660 pounds or more of unrecycled hazardous waste shall pay a quarterly fee of $0.12 per pound or a minimum of $100, to the department. I-a. [Repealed.] II. In computing the amount of hazardous waste generated in…

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, …

No person shall occupy, lease to any other person, or permit any other person to occupy, a building or any part of a building as a dwelling house, office, store, shop, theater, public hall, sleeping apartment or tourist cabin, unless such building shall have readily accessible ad…

Any person neglecting or refusing to comply with the provisions of RSA 147:8 shall be guilty of a violation for each day of neglect or refusal, after notice as provided in RSA 147:4.

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…

The following shall not be subject to the fees established in RSA 147-B:8: I. Sludge from publicly owned treatment works located in the state, as defined in rules adopted by the commissioner; II. Bottom boiler ash and flyash from incinerators which process solely municipal waste,…

I. Any person may submit an application to the department for a determination of that person's eligibility to obtain a covenant not to sue as part of that party's participation in the program administered under this chapter. The application for eligibility for a covenant not to s…

The state of New Hampshire enters into the following compact with the commonwealth of Massachusetts subject to the terms and conditions therein stated: Article I General Provisions A.Statement of Policy. It is recognized that in certain cases municipalities in New Hampshire and M…

I. It is hereby declared to be in the public interest to encourage the preservation and conservation of the land, water, forest, agricultural, and wildlife resources of this state. It is also declared to be in the public interest to discourage and provide means for preventing the…

The general court finds that the proper and integrated management of solid waste under RSA 149-M, including the enhancement of waste and waste diversion methods, has become a matter of great concern. The general court hereby declares that the purpose of RSA 149-R is to assist com…

The state of New Hampshire enters into the following compact with the state of Vermont subject to the terms and conditions therein stated: Article I General Provisions A.Statement of Policy. It is recognized that in certain cases municipalities in New Hampshire and Vermont may, i…

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, s…

It is the declared purpose of the general court to protect human health, to preserve the natural environment, and to conserve precious and dwindling natural resources through the proper and integrated management of solid waste.

I. The funds received from the collection of sewer rentals shall be kept as a separate and distinct fund to be known as the sewer fund. Such fund shall be allowed to accumulate from year to year, shall not be commingled with town or city tax revenues, and shall not be deemed part…

I. Any application for a permit under RSA 149-M:9 shall be signed under oath by a representative of the applicant and shall contain the following information: (a) Name and address of the applicant. (b) If the applicant is a corporation, the state of incorporation, the address of …

I. The funds received from stormwater utility fees shall be kept as a separate and distinct fund to be known as the stormwater utility fund. Such fund shall be allowed to accumulate from year to year, shall not be commingled with town or city tax revenues, and shall not be deemed…

I. The general court finds and declares as follows: (a) It is responsible to provide for the solid waste management need of the state and its citizens. (b) In order to provide for these needs, it must ensure that adequate capacity exists within the state to accommodate the solid …

In the collection of sewer charges or stormwater utility fees under RSA 149-I:7 and 149-I:8, municipalities shall have the same liens and use the same collection procedures as authorized by RSA 38:22. Interest on overdue charges shall be assessed in accordance with RSA 76:13.

I. The department shall approve an application for a permit only if it determines that the facility or activity for which the permit is sought will: (a) Comply with this chapter and all rules adopted under it; (b) Be consistent with the provisions of the state, district, and loca…