CHAPTER 146-D OIL DISCHARGE AND DISPOSAL CLEANUP FUND
Section 146-D:6
146-D:6 Eligible Expenses and Availability of Funds. –
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 costs of construction of the extension of public water mains and appurtenances, the installation of replacement water supply wells and appurtenances, or the installation of water treatment processes. Operation and maintenance costs or annual user fees for new or upgraded public water supply main extensions or treatment processes shall not be eligible expenses under this paragraph.
II. The fund shall be available for reimbursement of costs for court-ordered damages to third parties or bodily injury or property damage due to oil contamination incurred by owners of oil storage facilities and owners of land where compliant oil storage facilities were located, and for the costs of on-site and off-site cleanup of oil contamination incurred by owners of oil storage facilities, owners of land where compliant oil storage facilities were located, and owners of potential contamination source properties contaminated by gasoline ethers.
III. Owners of on-premises-use facilities who have demonstrated financial need may apply for reimbursement of costs to meet local and department operating standards in amounts not to exceed a total of $3,300, and may apply for reimbursement of underground storage tank abandonment or removal costs in amounts not to exceed a total of $2,500.
IV. Reimbursement under paragraph II of this section shall be limited as follows:
(a) Owners of oil storage facilities and potential contamination source properties shall demonstrate compliance with department rules and best management practices for facility operation.
(b) Owners of on-premises-use facilities, or owners of land where facilities are or were located, shall be eligible for reimbursement in amounts not to exceed a total of $500,000, incurred on or after October 1, 1992.
(c) Owners of above ground and underground storage facilities or land where facilities were located shall be eligible in amounts not to exceed a total of $1,500,000, incurred on or after July 1, 1988. After the initial $1,500,000 is reimbursed, owners may apply for reimbursement of additional onsite and off-site cleanup costs in amounts not to exceed a total of $500,000.
(d) Owners of motor oil storage facilities or land where facilities were located shall be eligible in amounts not to exceed a total of $500,000, incurred on or after July 1, 1995.
(e) Owners of potential contamination source properties shall be eligible for costs incurred on or after July 1, 2001.
V. (a) To the extent such amount is expended from the fund, or for such lesser amount as is expended, owners of above ground storage facilities, motor oil storage facilities, and underground storage facilities shall be liable to the fund for the following:
(1) The owner of from one to 3 facilities shall be responsible for the initial $5,000 of costs at each facility owned.
(2) The owner of from 4 to 9 facilities shall be responsible for the initial $10,000 of costs at each facility owned.
(3) The owner of from 10 to 19 facilities shall be responsible for the initial $20,000 of costs at each facility owned.
(4) The owner of 20 or more facilities shall be responsible for the initial $30,000 of costs at each facility owned.
(5) The owner of land where compliant facilities were located shall be responsible for the lesser of the initial $5,000 of cleanup costs at each location owned or the balance of the prior facility owner's initial cleanup cost liability at each such location.
(b) This amount shall not be withheld from reimbursement when the reimbursement is disbursed from the fund over to a party other than an owner liable under this paragraph. The board may pursue the owner in an independent legal action, and the owner shall be liable for interest from the date that the disbursement is made and for legal fees and costs incurred by the fund in obtaining and enforcing judgment under this paragraph. All amounts recovered shall be paid into the fund.
VI. Owners of on-premises-use facilities shall be liable to the fund for the initial $500 of cleanup costs at each facility owned. For owners receiving financial assistance under paragraph III, the liability for initial cleanup costs shall be $100.
VII. For owners of above ground storage facilities, motor oil storage facilities, on-premise-use facilities and underground storage facilities, the fund shall be deemed excess insurance over any other valid and collectible insurance for the costs of cleanup and damages to third parties. There shall be no right of recovery against the fund for payments made under other insurance.
VIII. Notwithstanding any provision of this section, the board shall not be liable to any eligible party if sufficient funds are not available to meet the limits established in this section. Reimbursement requests received for which sufficient funds are not available at the time of receipt shall be held pending availability of funds and shall be reviewed in the order in which they were received, in consideration of environmental and human health risks.
IX. All cleanup work plans approved by the department and reimbursement requests approved for payment by the board shall be considered an obligation against any balance in the fund not needed to pay administrative, technical and legal support required by the board, including collection of import fees under RSA 146-A:11-b.
X. Upon payment from the fund for cleanup and corrective action costs or for third party to liability costs pursuant to this chapter, the right of an owner to recover any payment from any third party potentially responsible for such costs shall be assumed by the board to the extent of payment made from the fund. An owner shall not receive multiple compensation for the same injury, and any such compensation shall be repaid to the fund.
XI. Costs of new tanks and associated piping, or repairs to existing tanks and associated piping, for oil storage facilities regulated under RSA 146-A and RSA 146-C shall not be considered eligible costs under this chapter.
Source. 2015, 142:9, eff. July 1, 2015. 2017, 102:2, eff. Aug. 7, 2017. 2022, 188:6, eff. Jan. 1, 2023.