Title X, Public Health

I. The operator of an underground storage facility shall keep and reconcile accurate stock inventory records for the purpose of detecting leaks. The records shall be maintained and made available for department inspection and copying for a period of not less than 3 years. II. For…

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…

Foods shall be deemed to be misbranded in the following cases: I. If its labeling is false or misleading in any particular. II. If it is offered for sale under the name of another article. III. If it is an imitation of another food for which a definition and standard of identity …

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.

The department shall assess the need for and, if appropriate, provide for public education regarding the provisions of this chapter. From time to time, the department shall monitor the effects of this chapter.

Prior to the transfer of ownership of an underground storage facility, the transferor shall notify the transferee of the transferor's compliance with the rules of the department under this chapter. When a transfer of ownership takes place, the new owner shall notify the departmen…

I. The fund shall be available for reimbursement of costs incurred by owners of public and private water supplies due to oil contamination from an unknown source. This may include, but not be limited to, bottled water and interim treatment systems, a proportioned share of the cos…

A drug or device shall be deemed to be misbranded in the following cases: I. If its labeling is false or misleading in any particular. II. If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2)…

The provisions of RSA 146-C:3, 4, 5, I and 6 shall not apply to facilities no longer in use on January 1, 1974. The provisions of RSA 146-C:4, 5, I and 6 shall not apply to facilities taken out of use on or after January 1, 1974, and closed according to rules adopted under RSA 14…

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…

A pharmacist who selects an equivalent drug product pursuant to this chapter assumes no greater liability for selecting the dispensed drug product than would be incurred in filling a prescription for a drug product prescribed by its established name.

I. Prior to commencing construction or installation of a new facility or substantial modification of an existing facility, an owner shall submit plans and specifications to the department and obtain written approval of those plans. Such plans shall be approved by an engineer lice…

I. Any person who violates the provisions of this chapter shall be subject to the lien provisions provided in RSA 260:63 through RSA 260:65-a. I-a. Where any liability to the fund under RSA 146-D is not paid as prescribed by the oil fund disbursement board, the amount, including …

A cosmetic shall be deemed to be adulterated in the following cases: I. If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions …

The oil fund disbursement board shall be administratively attached to the department of environmental services pursuant to RSA 21-G:10.

Any person who violates the provisions of this chapter shall be guilty of a violation.

Tanks which are removed and do not meet the standards for new tanks shall not be reinstalled for the purpose of oil or hazardous substance storage. If a tank meets the standards, it may be reinstalled for oil or hazardous substance storage if after thorough cleaning and inspectio…

A cosmetic shall be deemed to be misbranded in the following cases: I. If its label is false or misleading in any particular. II. If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accur…

The commissioner shall adopt rules, under RSA 541-A, relative to: I. Procedures, forms, and information required for registration of underground storage facilities, as authorized by RSA 146-C:3. II. Procedures, forms, and criteria for issuing and renewing permits, as authorized b…

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 …

I. An advertisement of food, drug, device or cosmetic shall be deemed to be false, if it shall be false or misleading in any particular. Any statement either directly or indirectly implying that the product is recommended or endorsed by any agency of the federal or state governme…

I. The department is authorized to issue an administrative order directing any owner or operator or any other person who is strictly liable to cease any activity violating this chapter, to take action necessary to comply with this chapter, and to institute corrective and remedial…

I. The general court hereby finds that as a result of past hazardous waste dumping activities, the potential for spills of hazardous materials and the present lack of proper hazardous waste treatment, storage or disposal facilities within the state, the problem of managing moveme…

In this chapter: I. [Repealed.] II. "Committee" means the municipal hazardous waste facility review committee. II-a. "Department" means the department of environmental services. III. "Disposal" means the discharge, deposit, incineration, injection, dumping, spilling, leaking or p…

I. The health officers of towns may make regulations for the prevention and removal of nuisances, as in their judgment the health and safety of the people require, which shall take effect when approved by the selectmen, recorded by the town clerk, and published in some newspaper …

In this chapter: I. [Repealed.] I-a. "Department" means the department of environmental services. II. "Disposal" means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any hazardous waste into or onto any land or water so that the hazardou…

I. The general court finds that it is in the public interest to encourage the redevelopment of industrial, commercial, residential and other properties that have been subject to environmental contamination. The strict liability imposed on owners and operators of contaminated prop…

I. Within 30 days of receiving a complete application, the department shall make a determination of eligibility in accordance with RSA 147-F:4 after review and approval by the department of justice. The department shall send its written determination to the applicant and the muni…

I. Subject only to the defenses set forth in RSA 147-B:10-a and the exclusions and limitations set forth in RSA 147-B:10, IV and V, any person who: (a) Owns or operates a facility; (b) Owned or operated a facility at the time hazardous waste or hazardous materials were disposed t…

No privy, toilet, sink, drain, cesspool, septic tank, or the discharges from such facilities, and no pen or sty for swine, shall be erected or continued in such place or condition as, in the judgment of the health officers, to be a nuisance or injurious to the public health. The …

I. Any property of a generator, owner, operator, or transporter including, but not limited to, vehicles, containers, documents and wastes, used in connection with the disposal, storage, treatment, or transportation of hazardous waste in violation of RSA 147-A or RSA 106-A:17-RSA …

I. There shall be no liability under RSA 147-B:10, I for a person otherwise liable who can establish by a preponderance of the evidence that the release or threat of release of hazardous wastes or hazardous materials, and the resulting damages were caused solely by: (a) An act of…

I. The department shall have a lien upon the business revenues and all real and personal property of any person subject to liability under RSA 147-B:10, I for all costs recoverable by the state pursuant to RSA 147-B:10, II. II. In order for the lien created under this section to …

I. Any generator shall be guilty of a misdemeanor who: (a) Does not pay the fee required in RSA 147-B:8; or (b) Knowingly gives or causes to be given any false information in reports, records, or documents required by the department under RSA 147-B. II. Each day of violation of R…

The health officers may, in writing, order the discontinuance of any nuisance or that a privy located within 100 feet of a public sewer shall be connected to the sewer. In cities or towns having a water and sewerage system, the health officers may, in writing, order the discontin…

I. Any generator, owner, operator, transporter, or employee of a hazardous waste facility who becomes aware of any storage, treatment, or disposal of hazardous waste in violation of this chapter shall immediately report the violation to the department. II. Any person who fails to…

I. Any person who is deemed eligible by the department for a covenant not to sue pursuant to RSA 147-F:4, and any other person who wishes to voluntarily undertake the investigation or remediation of a property and who obtains the concurrence of the department to do so, shall subm…

The department shall submit an annual report by October 1 of each year to the governor and council, speaker of the house of representatives, and president of the senate, relative to the activities and finances of the hazardous waste cleanup fund.

I. Upon receipt of a remedial action plan, the department shall provide public notice of the proposed remedial action. The notice shall provide a date for a public information meeting where there is significant environmental impact. II. An approved remedial action plan shall prov…

Nothing in the preceding sections shall be construed as permitting a rental, license, or other sewer fee that is unreasonable in the opinion of the local board of health.

I. A fee of $0.05 per gallon of automotive oil shall be assessed at the time of import to this state. Persons licensed under RSA 146-A:11-b, II shall be liable for payment of this additional fee which shall be collected and enforced by the department of safety in the manner descr…

I. No employer shall discharge or discriminate against an employee because the employee has reported a violation of this chapter to the department as required by RSA 147-A:11, I. II. Any employee who has been discharged or discriminated against in violation of RSA 147-A:12, I, ma…

I. The department shall use the money collected under RSA 147-B:12 to: (a) Award grants to pay for the costs associated with the establishment, improvement, or operation of used oil collection centers at public facilities such as fire stations, police barracks, highway department…

I. The program participant shall perform all activities required by the approved remedial action plan and shall provide the department with regular progress reports regarding the work. II. The department may require amendment of the remedial action plan at any time during its per…

Notwithstanding any other provision of this chapter, the department, upon receipt of information that the generation, storage, treatment, transportation, or disposal of any waste may present an imminent and substantial hazard to human health or to the environment, may take action…

If a person shall place, leave, or cause to be placed or left, in or near a highway, street, alley, public place, or wharf or on a private disposal site or shall allow to be exposed unburied, any animal or other substance liable to become putrid or offensive, or injurious to the …