TITLE X
PUBLIC HEALTH
CHAPTER 146-F
MOTOR OIL DISCHARGE CLEANUP FUND
Section 146-F:1
[RSA 146-F repealed by 1995, 282:13, II, as amended, eff. July 1, 2010.]
146-F:1 Purpose. –
The general court finds that discharges of motor oil and used motor 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 motor oil and used motor 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 cleanup of motor oil and used motor oil discharges.
Source. 1995, 282:1, eff. July 1, 1995.
Section 146-F:2
146-F:2 Definitions. –
In this chapter:
I. ""Motor oil'' means any lubricating oil, which is reclaimable, classified for use in an internal combustion engine, transmission, gear box, or differential for a motor vehicle, boat, or off-highway recreational vehicle, or commercial or household power equipment.
II. ""Motor oil storage facility'' means a location consisting of a system of storage tanks, pipes, pumps, and appurtenant structures which is, or has been, used for the storage of motor oil or used motor oil.
Source. 1995, 282:1, eff. July 1, 1995.
Section 146-F:3
146-F:3 Fund Established; Collection. –
I. There is established a motor 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 cleanup of motor oil and used motor oil discharges in the waters and soils of the state, including administrative, technical, and legal support required by the oil fund disbursement board in administering the fund, and in paying third party damages.
II. A fee of $.04 per gallon of motor oil shall be assessed at the time of importation into 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 described in RSA 146-A:11-b. The oil fund disbursement board may waive all or any portion of penalties or interest for good cause. All fee revenues shall be deposited in the motor oil discharge cleanup fund. If the fund's balance becomes greater than $1,000,000, the assessment of fees shall be discontinued and only reestablished when the fund's balance is less than $600,000.
III. Moneys collected for the fund shall be deposited with the state treasurer to the credit of the fund and may be invested as provided by law. Interest received on such investment shall also be credited to the fund.
IV. Within 30 days after the effective date of this paragraph, the department of environmental services shall transfer $400,000 from the oil pollution control fund to the motor oil discharge cleanup fund. This shall be a one-time only transfer of funds for the start-up of the motor oil discharge cleanup fund. Half of the $.04 per gallon collected for motor oil storage facilities shall be deposited in the oil pollution control fund until the $400,000 has been returned in full.
Source. 1995, 282:1, eff. July 1, 1995.
Section 146-F:4
146-F:4 Requirements for Motor Oil Storage Facilities. –
The fund shall be available to owners of motor oil storage facilities which are in compliance with all applicable federal and state requirements and local codes and ordinances for such facilities.
Source. 1995, 282:1, eff. July 1, 1995.
Section 146-F:5
146-F:5 Eligible Expenses. –
I. The fund shall be available to owners of motor oil storage facilities, and owners of land upon which motor oil storage facilities are located. 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 motor oil storage facilities shall be liable to the fund for initial cleanup costs in the manner described in RSA 146-D:6, II.
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 motor oil and used motor oil discharges in amounts not to exceed $500,000, incurred on or after the effective date of this chapter.
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 shall be reviewed in the order in which they are received. If sufficient funds are not available the request shall be held by the board pending availability of funds.
V. Facilities which have not met the requirements of RSA 146-F:4 shall not be eligible for reimbursement until compliance with such section has been achieved.
VI. Costs of new tanks and associated piping, or repairs to existing tanks and associated piping, shall not be considered eligible costs under this chapter.
VII. The fund shall only be available for reimbursement of costs incurred for releases of motor oil or used motor oil discovered after January 1, 1995.
VIII. Ownership of facilities or land eligible under this chapter where the facilities have been physically removed or closed in place on or after October 1, 1995 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.
IX. 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. 1995, 282:1. 1997, 39:7, eff. Jan. 1, 1998.
Section 146-F:5-a
146-F:5-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, 39:8, eff. Jan. 1, 1998.
Section 146-F:6
146-F:6 Annual Report. –
The oil fund disbursement board shall submit by October 1 of each year an annual report on the status of the motor 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, 1996.
Source. 1995, 282:1, eff. July 1, 1995.