CHAPTER 146-A OIL DISCHARGE OR SPILLAGE IN SURFACE WATER OR GROUNDWATER
Section 146-A:3-c
146-A:3-c Limited Liability for Holders. –
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 has assumed ownership of a facility or vessel by the mere act of taking title by foreclosure or other similar means or who has assumed responsibility for the operation of a facility or vessel shall be liable under RSA 146-A:3-a unless the holder fulfills the following conditions in which case its liability shall be limited in accordance with subparagraph (b):
(1) The holder reports to the department any known or suspected discharge or spillage of oil from the facility or vessel;
(2) The holder undertakes emergency response measures to stop an ongoing discharge, prevent further discharge of oil, and address any imminent health hazard created by the discharge or spillage;
(3) The holder secures the facility or vessel as necessary to prevent exposure to oil by fencing or otherwise limiting access;
(4) The holder conducts all actions required under this subparagraph and all other response actions or corrective measures, including those voluntarily assumed, in accordance with the department of environmental service's rules; and
(5) The holder provides the department, its employees and authorized representatives with access to the facility or vessel for inspection, testing, response and remedial activity and any other purposes authorized under this chapter.
(b) A holder who has complied with the conditions of subparagraph (a) shall not be liable under RSA 146-A:3-a unless such holder or its employees cause any discharge or spillage of oil, in which case the holder shall be liable for the lesser of:
(1) Actual damages caused by the holder or its employees;
(2) The value of the secured property as determined by a method acceptable to both the state and the holder, until otherwise specified by rules of the department of environmental services; or
(3) The amount of the outstanding indebtedness secured by the facility or vessel.
III. Nothing in this section shall preclude or limit claims under RSA 146-A:3-a against non-employee agents or independent contractors retained by a holder.
IV. Nothing in this section shall preclude or limit claims to recover costs under RSA 146-A:3-a against a holder whose negligent acts or omissions or intentional misconduct has caused the discharge or spillage of oil. A holder as described in paragraph I or a holder who fulfills the conditions of subparagraph II(a) shall not be attributed with the negligence or intentional misconduct of non-employee agents or independent contractors so long as such holder has conducted itself without fault with regard to its relationship with such non-employee agents or independent contractors.
Source. 1993, 323:4. 1996, 228:106, eff. July 1, 1996.