TITLE X
PUBLIC HEALTH
CHAPTER 146-E
FUEL OIL DISCHARGE CLEANUP FUND
Section 146-E:1
146-E:1 Purpose. –
The general court finds that discharges of fuel oil represent a potential serious health and safety problem to the citizens of New Hampshire and a threat to the quality of the groundwaters and surface waters of the state. In addition, the cost of cleanup of fuel oil discharges is a significant economic burden for which economic assistance is otherwise not available. The purpose of this chapter is to establish a fund to be used in addressing the costs incurred in the prevention and cleanup of fuel oil discharges.
Source. 1993, 337:1. 1999, 164:5, eff. July 1, 1999.
Section 146-E:2
146-E:2 Definitions. –
In this chapter:
I. ""Bulk storage facility'' means a location not regulated under RSA 146-C, consisting of a system of storage tanks, pipes, pumps and appurtenant structures, singly or in any combination, with a total storage capacity less than or equal to 1,100,000 gallons, which is or has been used for the storage and distribution of fuel oil.
I-a. ""Department'' means the department of environmental services.
II. ""Fuel oil'' means fuel oil products stored for on-premise heating purposes, and not for purposes of propulsion of motor vehicles, operation of machinery, or primarily used for the generation of electric power.
III. ""On-premise-use facility'' means a system of storage tanks, pipes, pumps, and appurtenant structures, singly or in any combination, which is or has been used for the storage of fuel oil for on-premise-use.
Source. 1993, 337:1. 1995, 282:3. 1996, 228:30, eff. July 1, 1996.
Section 146-E:3
146-E:3 Fund Established; Collection. –
I. There is established a fuel oil discharge cleanup fund, which shall be administered by the oil fund disbursement board established under RSA 146-D:4. This fund shall be used to reimburse costs incurred in the prevention and cleanup of fuel oil discharges in the waters and soils of the state, including administrative, technical, and legal support required by the oil fund disbursement board in administrating the fund, and in paying third party damages.
II. A fee of $.01 per gallon of fuel oil shall be assessed at the time of importation into this state. An additional fee of $.0025 per gallon of fuel oil shall be assessed on imports after July 1, 2009. Assessment of this additional fee shall be discontinued on June 30, 2010.
III. Persons licensed under RSA 146-A:11-b, II shall be liable for payment of fuel oil fees which shall be collected and enforced in the manner described in RSA 146-D:3, III and V. All fee revenues shall be deposited in the fuel oil discharge cleanup fund. If the fund's balance becomes greater than $2,500,000, the assessment of fees shall be discontinued and only reestablished when the fund's balance is less than $1,500,000. Until the fund balance reaches $2,000,000, at least 50 percent of the fees collected shall be allocated for reimbursements to on-premise-use facility owners and owners of land upon which on-premise-use facilities are located and for the administrative, technical, and legal support associated with such reimbursements.
IV. Moneys collected for the fund shall be deposited with the state treasurer to the credit of said fund and may be invested as provided by law. Interest received on such investment shall also be credited to the fund.
Source. 1993, 337:1. 1997, 58:1, eff. July 1, 1997 at 12:01 a.m. 1999; 164:3, 6, eff. July 1, 1999. 2009, 231:2, eff. July 16, 2009.
Section 146-E:4
146-E:4 Requirements for On-Premise-Use Facilities. –
I. On-premise-use facilities installed on or after the effective date of this act shall comply with the provisions of the National Fire Protection Association standard NFPA 31, and all applicable local codes or ordinances.
II. All on-premise-use facilities shall be equipped with a vent alarm system on or before July 1, 1995.
III. On-premise-use facilities subject to the provisions of RSA 146-C shall comply with the provisions of New Hampshire code of administrative rules Env-Ws 411.
Source. 1993, 337:1. 1995, 282:4, eff. July 1, 1995.
Section 146-E:5
146-E:5 Requirements for Bulk Storage Facilities. –
The fund shall be available to owners of bulk storage facilities which are in compliance with all applicable federal and state requirements for such facilities. To be eligible for reimbursement, the following registration requirements shall be met:
I. The owner shall have registered the facility with the department on forms provided by the department. Information on the form shall include, but not be limited to, the following:
(a) Facility name, location and address.
(b) Owner's name, mailing address and telephone number.
(c) Contact person for the facility.
(d) The storage capacity, product stored, material of construction and age of the storage tanks and appurtenances.
II. Bulk storage facilities existing on or before July 1, 1993, shall be registered no later than July 1, 1996. Bulk storage facilities constructed after July 1, 1993, shall be registered no later than 60 days after the completion of construction.
Source. 1993, 337:1. 1995, 247:7. 1996, 228:109, eff. July 1, 1996.
Section 146-E:6
146-E:6 Eligible Expenses. –
I. The fund shall be available to owners of on-premise-use facilities, owners of land upon which on-premise-use facilities are located, and bulk storage facilities as defined in this chapter. The oil fund disbursement board may adopt rules for administering disbursements from the fund using the same rulemaking process and authorities established in RSA 146-D:5, I, including the development of additional eligibility criteria. Owners of bulk storage facilities shall be liable to the fund for initial cleanup costs in the manner described in RSA 146-D:6, II. Owners of on-premise-use facilities shall be liable to the fund for the initial $100 of cleanup costs at each facility owned, to the extent such amount is expended from the fund, or for such lesser amount as is expended.
II. Owners of facilities or land eligible under this chapter may apply for reimbursement of court-ordered damages to third parties for bodily injury or property damage, and for the costs of on-site and off-site cleanup of fuel oil discharges in amounts not to exceed a total of $500,000, incurred on or after October 1, 1992. Owners of on-premise-use facilities or land eligible under this chapter who have demonstrated financial need, may apply for reimbursement of costs to meet the requirements of RSA 146-E:4, I and II in amounts not to exceed a total of $1,500 and may apply for reimbursement of underground storage tank abandonment or removal costs in amounts not to exceed a total of $2,500, incurred on or after the effective date of this paragraph.
III. 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.
IV. Requests for reimbursement received by the oil fund disbursement board for which sufficient funds are not available shall be held by the board pending availability of funds and shall be reviewed in the order in which they were received.
V. Facilities which have not met the requirements of RSA 146-E:4 and RSA 146-E:5 shall not be eligible for reimbursement until compliance with such sections has been achieved. The board may waive the registration deadlines established by RSA 146-E:5, II on a case by case basis, for good cause.
VI. Costs of new bulk storage facilities or new on-premise-use facilities subject to regulation under RSA 146-C, or repairs to such existing facilities, shall not be considered eligible costs under this chapter.
VII. Ownership of facilities or land on which on-premises-use facilities are located, eligible under this chapter, where the facilities have been physically removed or closed in place on or after October 1, 1992 in accordance with the requirements of the department and where cleanup of oil has not yet been completed, may be transferred to a new owner, and the new owner shall be eligible to apply to the fund subject to the same compliance requirements as the original owner. After ownership is transferred, only the new owner shall be eligible for reimbursement from the fund.
VIII. Upon payment from the fund for cleanup and corrective action costs or for third party 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.
Source. 1993, 337:1. 1995, 247:8. 1997, 39:5; 58:3. 1999, 164:7, 8, eff. July 1, 1999. 2005, 115:1, eff. Aug. 14, 2005.
Section 146-E:6-a
146-E:6-a Penalties. –
Any person who violates any provision of this chapter shall be subject to the penalties provided in RSA 146-D:7.
Source. 1997, 39:6, eff. Jan. 1, 1998.
Section 146-E:7
146-E:7 Annual Report. –
The oil fund disbursement board shall submit by October 1 of each year an annual report on the status of the fuel oil discharge cleanup fund to the governor, the speaker of the house and the senate president. The first report shall be submitted no later than October 1, 1994.
Source. 1993, 337:1, eff. Aug. 28, 1993.