CHAPTER Env-Or 800 BROWNFIELDS PROGRAM UNDER RSA 147-F
Statutory Authority: RSA 147-F:18
Env-Or 801.01 Purpose. The purpose of these rules is to:
(a) Establish procedures
for implementation of the brownfields covenant program; and
(b) Establish
procedures for the voluntary cleanup of contaminated properties.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 801.02 Applicability. Chapter Env-Or 800 shall apply to:
(a) Any person who
qualifies as eligible to participate in the brownfields covenant program in
accordance with RSA 147-F:4, I;
(b) Any
environmentally-contaminated property that qualifies as an eligible property in
accordance with RSA 147-F:4, II; and
(c) Any other person
who undertakes the investigation or remediation of a property in accordance
with RSA 147-F:11 through RSA 147-F:16.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
PART Env-Or 802 DEFINITIONS
Env-Or 802.01
“Applicant” means any person applying for a brownfields covenant program
eligibility determination.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 802.02
“Brownfields covenant program” means the program established under RSA
147-F to provide liability protection in the form of a covenant not to sue for
eligible persons.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 802.03
“Brownfields program” means the combined brownfields covenant program
and the voluntary cleanup program established under RSA 147-F:5, V.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 802.04
“Contaminant” or “contamination” means “contaminant” or
“contamination” as defined in RSA 147-F:3,
III, as reprinted in Appendix B. For the purpose of the brownfields program established in
RSA 147-F, the term excludes materials contained in building products located
in or on a building, such as lead paint or asbestos insulation.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 802.05
“Covenant not to sue” means a document issued by the New Hampshire
department of justice pursuant to RSA 147-F:6 that restricts the state’s right
to sue eligible persons for contamination addressed by an approved remedial
action plan.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 802.06
“Eligibility determination” means the determination made pursuant to RSA
147-F:10, I, that the applicant is an eligible person and the property is
eligible property.
Source. #10833, eff 6-1-15
Env-Or 802.07
“Eligible person” means “eligible person” as defined in RSA 147-F:3, V,
as reprinted in Appendix B.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
(from Env-Or 802.06)
Env-Or 802.08
“Eligible property” means an environmentally-contaminated property that
meets the criteria established in RSA 147-F:4, II.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
(from Env-Or 802.07)
Env-Or 802.09 “Imminent
hazard” means “imminent hazard” as defined in RSA 147-A:2, IX, as reprinted in
Appendix B.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
(from Env-Or 802.08)
Env-Or 802.10 Person”
means “person”, as defined in RSA 147-F:3, VI, as reprinted in Appendix B.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
(from Env-Or 802.09)
Env-Or 802.11
“Program participant” means “program participant”, as defined in RSA
147-F:3, VIII, as reprinted in Appendix B.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
(from Env-Or 802.10)
Env-Or 802.12 “Site”
means “site” as defined in Env-Or 602.
Source. #10833, eff 6-1-15 (from Env-Or 802.11)
Env-Or 803.01 Application for Participation. Any owner or prospective purchaser of contaminated
property may request to participate in the brownfields covenant program by
completing and filing a brownfields covenant program application form obtained
from the department to obtain an eligibility determination.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 803.02 Application Filing.
(a) The applicant
shall submit one complete application as specified in Env-Or 803.03 to the
department.
(b) The applicant
shall submit a separate application for each site for which an eligibility
determination is being requested.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 803.03 Content of Application; Updates Required.
(a) A complete
application shall consist of:
(1) If filed by the current owner, a completed
current owner Brownfields Covenant Program Application form, NHDES-S-02-001,
dated 2015, that has been signed as specified in Env-Or 803.04;
(2) If filed by a prospective purchaser, a
completed prospective purchaser Brownfields Covenant Program Application form,
NHDES-S-02-002, dated 2015, that has been signed as specified in Env-Or 803.04;
(3) The information specified in RSA 147-F:9,
II(a)-(d);
(4) The fee required by RSA 147-F:9, II(e); and
(5) The certifications required by RSA 147-F:9,
II(f).
(b) If facts or
circumstances change prior to the department’s issuance of an eligibility
determination in such a way as to render the information contained or
representations made in an application incorrect in light of
such new facts and circumstances, the applicant shall promptly notify the
department and correct any such information or representations.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 803.04 Signature Requirements.
(a) An applicant who
is an individual shall sign and date the application.
(b) If the applicant
is other than an individual, the application shall be:
(1) Signed and dated by the individual who is duly
authorized to sign for the applicant; and
(2) Accompanied by evidence that the individual
is authorized to sign the application on behalf of the entity filing the
application.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 803.05 Notice of Application Filing.
(a) As required by
RSA 147-F:9, III, the applicant for an eligibility determination shall provide
notice of the application to owners of adjacent property and a complete copy of
the application to the governing body of the municipality in which the property
is located when the application is submitted to the department.
(b) The applicant
shall certify to the department in writing that the applicant has complied with
(a), above.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 803.06 Review of Application Completeness.
(a) The department
shall review the application for completeness as provided in RSA 147-F:9, IV.
(b) If the applicant
does not respond to a notice sent by the department to the applicant that the
application is incomplete, the department shall deny the application.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 804.01 Determination of Eligibility. The department shall make a
determination of eligibility as provided in RSA 147-F:10, I.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 804.02 Notification of Eligibility Determination. The department shall send a written
determination of eligibility to the applicant and the municipality within which
the property is located as specified in RSA 147-F:10, I and II.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 804.03 Review If Eligibility Denied. The applicant may request in writing a review
of an eligibility denial as provided in RSA 147-F:10, III.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 805.01 Application Fee.
(a) Brownfields
covenant program applicants shall pay the nonrefundable application fee
specified in RSA 147-F:14, I, to the department at the time of application.
(b) As required by
RSA 147-F:14, I, any person who resubmits an application pursuant to RSA
147-F:9, IV shall pay the fee specified in RSA 147-F:14, I, for each
resubmission.
(c) As specified in
RSA 147-F:14, I, state and local governments including school districts shall
be exempt from this fee.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or
805.02 Initial Program Participation Fee.
(a) As required by
RSA 147-F:14, II, any eligible person who has paid the initial application fee
and any person who becomes a program participant under RSA 147-F:5, V, shall
pay the nonrefundable fee specified in RSA 147-F:14, II.
(b) The person shall
pay the fee to the department within 30 days of:
(1) Issuance of an affirmative eligibility
determination, for brownfields covenant program participants; or
(2) Issuance of a letter of acceptance, for
voluntary cleanup program participants.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or
805.03 Additional Program Fees.
(a) As required by RSA 147-F:11, III, the program
participant shall pay the costs associated with public notice of the remedial
action plan pursuant to Env-Or 810.02(a) and the costs of any public
information meetings or hearings held pursuant to Env-Or 810.02(c) and (d) in
addition to the application and program participation fees. The program participant shall pay such costs
within 30 days of the date of the department’s written request for payment.
(b) All department costs exceeding the initial participation
fee required by RSA 147-F:14, II, shall be charged to the program participant
as provided in RSA 147-F:14, III.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 805.04 Payment of Fees.
(a) All fees shall
be non-refundable.
(b) Fees paid by
check or money order shall be made payable to “Treasurer, State of
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 806.01 Eligibility and Process for Withdrawing
from the Brownfields Covenant Program.
(a) Pursuant to RSA
147-F:8, I, a program participant may withdraw from the brownfields covenant
program at any stage before or after approval of the remedial action plan.
(b) To withdraw from
the brownfields covenant program, the program participant shall:
(1) File a written notice of intent to withdraw
with the department as provided in RSA 147-F:8, I(a);
(2) Submit to the department a written site
stabilization plan prepared in accordance with Env-Or 806.02.
(3) Fully implement the site stabilization plan as
required by RSA 147-F:8, I(b) upon department approval of the plan submitted
pursuant to (2), above;
(4) Provide the department with the documents and
information relating to the performance of site investigation or remedial
activities at the property that are required to be submitted under RSA
147-F:16, I(c); and
(5) Pay all outstanding program fees as required
by RSA 147-F:8, I(c).
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 806.02 Site
Stabilization Plan.
(a) Prior to
withdrawing from the program, the program participant shall submit a plan as required
by RSA 147-F:8, I(b) to identify those actions that are proposed to be taken at
the property to ensure that work conducted at the property has not increased
risks to human health and the environment and to ensure that the property will
not pose an imminent hazard to human health or the environment.
(b) The program
participant shall submit the site stabilization plan no later than 30 days after
filing a notice of intent to withdraw from the brownfields covenant program.
(c) The site
stabilization plan shall contain the following:
(1) The site name and address and the site number
assigned to the site by the department;
(2) A complete description of the nature and
extent of contamination at the property;
(3) A summary of investigative activities
completed to date;
(4) The principal elements of the remedial action
plan if one has been prepared;
(5) A summary of remedial activities completed to
date;
(6) A schedule and description of activities
specified in the remedial action plan that have not been completed;
(7) A description of all physical changes made to
the property during participation in the brownfields covenant program;
(8) A description of work the program participant
proposes to address all imminent hazards at the property;
(9) A description of work the program participant
proposes to address any increased risk to human health and the environment that
resulted from activity at the property during participation in the brownfields
covenant program; and
(10) A schedule for implementation of the proposed
site stabilization.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 806.03 Review of Site Stabilization Plan.
(a) The department
shall complete its review of the proposed site stabilization plan within 60
days of receipt.
(b) If the plan does
not contain the information specified in Env-Or 806.02(c) or does not ensure
that no imminent hazards or increased risks to human health or the environment
will occur, the department shall provide written comments to the program
participant that identify the deficiency(ies).
(c) Within 30 days
of issuance of the department’s comments, the program participant shall file an
amended site stabilization plan that addresses the comments.
(d) Once the
department determines that the plan will ensure that no imminent hazards or
increased risks to human health or the environment will occur, the department
shall issue a written approval of the plan to the program participant.
(e) Upon department
approval of the site stabilization plan as submitted or as amended, the program
participant shall implement all activities specified in the plan in accordance
with the plan’s schedule.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 807.01 Transfer to Successor Owner. A successor owner may participate in the
brownfields covenant program as provided in RSA 147-F:17, I.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 807.02 Transfer Before Approval of a Remedial
Action Plan. As specified in RSA
147-F:17, II, if the transfer of the property is made before approval of a
remedial action plan, the successor owner, upon receipt of an affirmative
eligibility determination and payment of the program participation fee, shall
become a program participant as provided in RSA 147-F:17, II(a) through (c).
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 807.03 Transfer After Approval of Remedial Action
Plan. As specified in RSA 147-F:17,
III, if transfer of the property is made after approval of the remedial action
plan but before a certificate of completion in accordance with RSA 147-F:13 is
issued, the successor owner, after receipt of an affirmative eligibility
determination and payment of the program participation fee, shall become a
program participant as provided in RSA 147-F:17, III(a) through (c).
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 807.04 Transfer
After Certification of Completion. If
transfer of the property is made after certification of completion in
accordance with RSA 147-F:13, the provisions of RSA 147-F:17, IV shall apply.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
PART Env-Or 808 SUBDIVISION OF BROWNFIELDS COVENANT PROGRAM
PROPERTIES
Env-Or 808.01 Subdivision Prior to Remedial Action Plan
Approval.
(a) If an eligible
property is subdivided prior to remedial action plan approval, the program
participant shall:
(1) Provide the department with a surveyed plan
of the subdivision that has been approved by the municipality in which the
property is located and, if applicable under RSA 485-A:29-44, the department;
and
(2) Prepare either a single remedial action plan
that addresses all lots or a separate remedial action plan for each lot.
(b) If the program
participant elects to prepare a single remedial action plan for all lots, the
notice of approved remedial action plan issued pursuant to Env-Or 810.03(e)
shall reference all lots.
(c) If the program
participant elects to prepare a separate remedial action plan for each lot, a
separate notice of approved remedial action plan shall be issued for each lot.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 808.02 Subdivision After Remedial Action Plan
Approval.
(a) If an eligible
property is subdivided after remedial action plan approval but before issuance of
a covenant, the program participant shall provide the department with a
surveyed plan of the subdivision that has been approved by the municipality in
which the property is located and, if applicable under RSA 485-A:29-44, the
department and:
(1) Implement the approved remedial action plan
for all lots; or
(2) Prepare, submit for approval in accordance
with Env-Or 810.01, and implement a separate remedial action plan for each lot.
(b) If the program
participant elects to implement the approved remedial action plan for all lots,
the certificate of completion issued pursuant to RSA 147-F:13, III and the
covenant not to sue issued pursuant to RSA 147-F:6 shall reference all lots and
the approved remedial action plan.
(c) If the
participant elects to prepare and implement a separate remedial action plan for
each lot, a separate certificate of completion and covenant not to sue shall be
issued for each lot.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 808.03 Subdivision After Issuance of Covenant Not
to Sue. If the eligible property is
subdivided prior to the recordation of the covenant not to sue, the property
owner shall record the covenant not to sue and
certificate of completion in the registry of deeds in the chain of title for
each of the subdivided properties.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 809.01 Site Investigation Work Plan.
(a) As required by RSA
147-F:11, I, the program participant shall submit a site investigation work
plan to the department. The plan shall
be submitted as specified in the eligibility determination issued pursuant to
Env-Or 804.02.
(b) The work plan
shall describe the proposed scope of work that will result in a site
investigation that conforms to the site investigation requirements specified in
Env-Or 606.01(b) and a report that conforms to the requirements of RSA
147-F:11, V and the site investigation report requirements specified in Env-Or
606.03.
(c) As provided in
RSA 147-F:11, IV, after reviewing the work plan the department shall:
(1) Approve the plan, if the plan will result in a
site investigation that conforms to the requirements specified in Env-Or
606.01(b) and a report that conforms to the requirements of RSA 147-F:11, V and
Env-Or 606.03;
(2) Approve the plan with conditions, if
conditions are required in order for the plan to result in a site investigation
that conforms to the requirements specified in Env-Or 606.01(b) and a report
that conforms to the requirements of RSA 147-F:11, V and Env-Or 606.03; or
(3) Disapprove the work plan, if the plan will
not result in a site investigation that conforms to the requirements specified
in Env-Or 606.01(b) and a report that conforms to the requirements of RSA
147-F:11, V and Env-Or 606.03 and conditions cannot be added so as to cause the
plan to do so.
(d) The department
shall notify the program participant in writing of its decision on the proposed
plan. If the plan is not approved, the
notice shall specify the reason(s) for the disapproval.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 809.02 Site Investigation Report.
(a) The program
participant shall submit to the department a site investigation report that
meets the requirements of RSA 147-F:11, V and Env-Or 606.03.
(b) As provided in
RSA 147-F:11, VI, after reviewing the report the department shall:
(1) Approve the report, if it conforms to the
requirements specified in RSA 147-F:11, V and Env-Or 606.03; or
(2) If the report cannot be approved pursuant to
(1), above, require such revisions, additional investigations, or both, as are
needed to bring the report into compliance.
(c) If after
approving the report the department determines that further action is not
needed to protect public health or the environment, the department shall notify
the program participant in writing that no further action is required, as
authorized by RSA 147-F:11, VII.
(d) As provided in
RSA 147-F:11, VII, if the department approves the site investigation report and
requests a remedial action plan, the program participant shall prepare a
remedial action plan that meets the requirements of Env-Or 810 unless the
program participant chooses to withdraw from the program.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 810.01 Remedial Action Plan. A program participant who elects to continue
pursuant to Env-Or 809.02(d) shall submit a
remedial action plan that meets the requirements of RSA 147-F:11, VII(b)
through (g) and the remedial action plan requirements specified in Env-Or
606.10 to the department.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 810.02 Public Participation.
(a) To comply with
the public notice requirement of RSA 147-F:12, I, the department shall publish
a notice of the proposed remedial action(s) on its web site and in at least one
daily or weekly newspaper serving the municipality in which the site is
located.
(b) The notice
required pursuant to (a), above shall contain:
(1) A brief description of the site and the
proposed remedial actions;
(2) The address of the department office(s) and
the local municipal office where the plan is available for review by members of
the public;
(3) A department staff contact name, telephone
number, and mailing address for submission of comments; and
(4) The closing date for receipt of public
comments, which shall not be less than 30 days from the date of publication of
the notice.
(c) The department shall
conduct a public information meeting in accordance with the provisions of Env-C
200 that apply to non-adjudicative oral public hearings if it determines that:
(1) The site or proposed remedial actions, or
both, have a significant environmental impact; or
(2) Based on public comments, there is a
significant public interest in the site.
(d) The department
shall provide public notice of the public information meeting by publishing
notice of the date, time, and location of the meeting in at least one daily or
weekly newspaper serving the municipality in which the site is located.
(e) The program
participant shall cooperate with the department in conducting the public
information meeting by attending and participating in the meeting.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 810.03 Review and Approval of Remedial Action
Plan.
(a) As provided in
RSA 147-F:11, VIII, the department shall review the remedial action plan report
and, after evaluation and consideration of public comments:
(1) Approve the plan, if the plan meets the
criteria for approving remedial action plans specified in Env-Or 606.13;
(2) Approve the plan with conditions, if conditions
are necessary to meet the criteria for approving remedial action plans
specified in Env-Or 606.13; or
(3) Disapprove the remedial action plan, if the
plan does not meet the criteria for approving remedial action plans specified
in Env-Or 606.13 and conditions cannot be added so as to cause the plan to do
so.
(b) As required by
RSA 147-F:12, II, the department’s approval shall identify the activities that
must be completed before a certificate of completion will be issued.
(c) As provided in
RSA 147-F:12, IV, the department shall require activity and use restrictions
(AURs) on the redevelopment and use of the property if such AURs are necessary
to achieve or maintain protection of human health and the environment during
and after completion of the remedial action plan.
(d) AURs shall be
prepared and implemented in accordance with the requirements of Env-Or 608
relative to developing and implementing AURs.
(e) Upon meeting the
criteria for approving remedial action plans specified in Env-Or 606.13, the
department shall issue to the program participant a notice of approved remedial
action plan as provided in RSA 147-F:12, V(a).
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 810.04 Recordation of Notice of Approved Remedial
Action Plan.
(a) As required by
RSA 147-F:12, VI, upon receipt of the notice of approved remedial action plan
the program participant shall record the notice in the registry of deeds for
the county in which the property is located, subject to Env-Or 808.01 or Env-Or
808.02, if applicable.
(b) The program
participant shall submit a copy of the recorded notice to the department within
60 days of recordation.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 810.05 Issuance of Covenant Not to Sue. Upon approval of the remedial action plan, a
covenant not to sue shall be issued to the program participant as provided in
RSA 147-F:12, V(b).
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 810.06 Remedial Action Implementation.
(a) Program
participants shall implement the approved remedial action plan as specified in
RSA 147-F:13, in accordance with the remedial action implementation
requirements specified in Env-Or 606.15.
(b) The remedial
action completion report required to be filed by RSA 147-F:13, III, shall
conform to the remedial action implementation report requirements specified in
Env-Or 606.17.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 810.07 Certificate of Completion. Upon meeting the criteria for issuing a
certificate of completion specified in Env-Or 609.01(b), the department shall
issue to the program participant a certificate of completion as provided in RSA
147-F:13, III.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 810.08 Recordation of Certificate of Completion
and Covenant Not to Sue. As required
by RSA 147-F:13, IV, upon issuance of a certificate of completion the program
participant shall record the certificate of completion and the related covenant
not to sue in the registry of deeds for the county in which the property is
located, subject to Env-Or 808.03, if applicable.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 810.09 Certificate of No Further Action. Upon meeting the criteria for issuing a
certificate of no further action specified in Env-Or 609.02, the department
shall issue to the program participant a certificate of no further action as
described in RSA 147-F:13, V.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 810.10 Recordation of Certificate of No Further
Action. Upon issuance of a
certificate of no further action, the program participant shall record the
certificate of no further action in the registry of deeds for the county in
which the property is located.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Env-Or 810.11 Voiding of Covenant Not to Sue.
(a) Subject to (c),
below, if the department receives information suggesting that one or more of
the bases for voiding a covenant not to sue specified in RSA 147-F:6, III(a)(1)
through (4) has arisen, the department shall:
(1) Notify the holder of the covenant in writing;
and
(2) As required by RSA 147-F:6, III(b), provide
the holder with a reasonable opportunity to cure the noncompliance or to
explain why there is no basis to void the covenant.
(b) If the holder
does not cure the noncompliance or
explain why there is no basis to void the covenant, the department
shall initiate an adjudicative
proceeding in accordance with the provisions of Env-C 200 applicable to
adjudicative proceedings to void the covenant.
(c) A covenant shall
be void if:
(1) As provided in RSA 147-F:6, III(b), the
holder of the covenant knowingly violated any use restriction; or
(2) Any of the bases for the covenant being void
specified in RSA 147-F:6, IV, are present.
Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15
Appendix
A: State Statutes Implemented
Rule Section(s) |
State Statute(s) Implemented |
|
|
Env-Or 800 (also see specific parts listed below) |
RSA 147-F |
Env-Or 803 |
RSA 147-F:9 |
Env-Or 804 |
RSA 147-F:10 |
Env-Or 805 |
RSA 147-F:14 |
Env-Or 806 |
RSA 147-F:8 |
Env-Or 807 |
RSA 147-F:17 |
Env-Or 808 |
RSA 147-F:13; RSA 147-F:15; RSA 147-F:17 |
Env-Or 809 |
RSA 147-F:11, I through VII |
Env-Or 810 |
RSA 147-F:11, VII through IX, RSA 147-F:12, RSA
147-F:13, RSA 147-F:6, III and IV |
Appendix B:
Statutory Definitions
RSA 147-F:3:
III. “Contaminant” or “Contamination” means
hazardous waste, hazardous materials (without regard to whether transported in
commerce), or oil, as defined in RSA 146-A:2, III.
V. “Eligible person” means a person who
meets the criteria under RSA 147-F:4, I, and who qualifies for a covenant not
to sue.
VI. “Person” means any individual, trust,
firm, joint stock company, corporation (including a government corporation),
partnership, association, limited liability company, municipality, commission,
and the state or a political subdivision of the state.
VII. “Program” means the brownfields
program established by this chapter.
VIII. “Program participant” means any
person, whether or not eligible for the liability protections created by this
chapter, who is approved by the department to use the remedial process
prescribed by this chapter.
RSA 147-A:2
IX. “Imminent hazard” means any condition or practice which presents an
immediate and substantial threat to human health or the environment.