Oil
Fund Disbursement Board
Department
Of Environmental Services
Waste
Management Division
CHAPTER
Odb 100 OIL FUND DISBURSEMENT BOARD
Statutory Authority: RSA 541-A:16, I(a)
REVISION
NOTE:
Document #5534, effective 12-21-92,
made extensive changes to the wording, structure, and numbering of rules in
Chapter Odb 100. Document #5534
supersedes all prior filings for the sections in this chapter. The prior filings for former Chapter Odb 100
include the following documents:
#4759,
eff 2-13-90
#5115,
eff 4-16-91
PART Odb 101 DEFINITIONS
Odb 101.01 “Board” means
the oil fund disbursement board established by RSA 146-D:4.
Source. (See Revision Note at chapter heading for Odb
100) #5534, eff 12-21-92; rpld by #6543, eff 7-22-97; ss by #8456, eff 10-25-05; ss by #12941, eff 12-15-19
Odb 101.02 “Confidential business information (CBI)”
means information that is exempt from disclosure under RSA 91-A:5, IV, or information used in business that
provides an advantage over competitors who do not know of or use it.
Source. (See Revision Note at chapter heading for Odb
100) #5534, eff 12-21-92; rpld by #6543, eff 7-22-97; ss by #8456, eff 10-25-05; ss by #12941, eff
12-15-19
PART
Odb 102 BOARD ORGANIZATION
Odb 102.01
Responsibilities. The
board shall administer the provisions of RSA 146-D.
Source. #8456,
eff 10-25-05; ss by #12941, eff
12-15-19
Odb 102.02 Chairman and Vice Chairman.
(a) The
board shall elect a
chairman and vice chairman from among its members at the first meeting of each
calendar year.
(b) The
chairman shall preside at
all meetings. In the absence of the
chairman, the vice-chairman shall preside.
(c) If
both the chairman and vice-chairman are absent at any meeting, the board shall
elect a chairman pro tem from among the members present to preside over that
meeting.
Source. #8456,
eff 10-25-05; ss by #12941, eff 12-15-19
Odb 102.03 Office Hours, Office Location, Mailing Address
and Telephone Number.
(a) The
board’s office location shall be at the:
New
Hampshire Department of Environmental Services
29
Hazen Drive
Concord,
New Hampshire
(b) The board’s office
shall be open to the public Monday through Friday, 8:00 am to 4:00 pm,
excluding holidays.
(c) Correspondence shall be addressed
to the board at:
Oil
Fund Disbursement Board
New
Hampshire Department of Environmental Services
Waste
Management Division
P.O.
Box 95
Concord,
N.H. 03302-0095
(d) The
board’s telephone number shall be (603) 271-3899.
Source. #8456,
eff 10-25-05; ss by #12941, eff 12-15-19
PART
Odb 103 MEETINGS AND DELIBERATIONS
Odb 103.01
Meetings. The chairman
shall establish the date, time and location of meetings. Each member of the board shall be notified
in writing of the date, time, location and agenda for meetings. Notice of
meetings shall be posted at the board office, through the General Court
calendar, on the department of environmental services website and in the
Rulemaking Register, as applicable.
Source. #8456,
eff 10-25-05; ss by #12941, eff 12-15-19
Odb 103.02
Agenda and Meeting Record.
The board shall, through the department of environmental services, prepare a written agenda
in advance of a meeting, record the proceedings, and prepare a written summary
of proceedings.
Source. #8456,
eff 10-25-05; ss by #12941, eff 12-15-19
Odb 103.03
Procedures. Robert’s Rules
of Order Newly Revised, 11th Edition shall govern the procedures of
the board.
Source. #8456,
eff 10-25-05; ss by #12941, eff 12-15-19
Odb 103.04 Quorum.
(a) A quorum of the board shall be a simple
majority of the total number of sitting members, provided, however, that in the context of a hearing proceeding, a quorum shall be
a simple majority of those sitting members who have not recused themselves from
the proceeding.
(b) The board
shall take formal or official action only when a quorum is present.
Source. #12941,
eff 12-15-19
PART Odb 104 INFORMATION MANAGEMENT
Odb 104.01 Availability
of Records.
(a) All board records of meetings and official actions
shall be public records unless deemed confidential under RSA 91-A:3, II or RSA
91-A:5.
(b) Board records of official
actions under Odb 400 shall be available for public inspection on the internet
through the department of environmental services One Stop Web Site http://www4.des.state.nh.us/DESOnestop/BasicSearch.aspx or successor
systems. For all other official actions,
meetings, and for the public without internet access, records shall be
available through the department of environmental services during regular
office hours, and with at least 48 hours’ notice.
(c) Persons desiring copies of board
records shall request the information being sought as clearly as possible.
(d) Persons desiring
a verbatim transcript of a board meeting recording shall agree to pay the costs
incurred by the board for transcription.
Source. #8456,
eff 10-25-05; ss by #9917, eff 4-28-11; ss by
#12941, eff 12-15-19
Odb 104.02 Records Retention.
(a)
The board shall, through the
department of environmental services, maintain records of activity conducted under its authority as
follows:
(1) Requests
for reimbursement submitted under Odb 400 shall be maintained for 2 years after
processing;
(2) Notices of
reimbursement issued under Odb 404.03(d) shall be maintained permanently after
closure of the file; and
(3) Records of
activity under Odb 200 and records of board meetings shall be maintained for 3
years after the action date or meeting.
(b)
The board shall, through the department of environmental services,
maintain electronic records of activity conducted under its authority to the extent it
is technically feasible and cost-effective, and in conformance with the
requirements of RSA 294-E.
Source. #8456,
eff 10-25-05; ss by #9917, eff 4-28-11; ss by #12941, eff 12-15-19
PART
Odb 105 CLAIMS OF CONFIDENTIALITY
Odb 105.01
Procedure for Making a Claim of Confidentiality.
(a)
Any person claiming that information submitted to the board under Odb
200 or Odb 400 is CBI, shall assert that claim at the time the information is
initially submitted by stamping or otherwise marking each page of such
information with the notation “confidential” or “confidential business
information”. If the claimant believes
that only part of the information on a page is CBI, the claimant shall identify
all portions to which the claim applies at the time of submission and shall
designate only that portion of the page as “confidential” or “confidential
business information”.
(b)
If the board receives information from another agency of the state or
federal government that is designated as CBI, the board shall exercise the same
degree of confidentiality for the information as is exercised by the sending
agency to the extent authorized by
(c)
If a claim of confidentiality is made for any information that falls
within any category identified in Odb 105.02, the information shall not be
treated as confidential.
Source. #8456,
eff 10-25-05; ss by #12941, eff 12-15-19
Odb 105.02 Non-Confidential Information.
(a)
Any information for which no claim of confidentiality was made at the
time of the initial submission shall not be considered confidential.
(b)
Comments submitted by any person during the public comment period of any
administrative proceeding shall not be considered confidential.
(c)
Information that is in the public domain shall not be considered
confidential.
(d)
Information that demonstrates a claimant violated any statute or rule
administered by the board shall not be confidential.
Source. #8456,
eff 10-25-05; ss by #12941, eff 12-15-19
Odb 105.03 Release of Information. The board shall release information not
identified as CBI, in accordance with RSA 91-A:4, IV.
Source. #8456,
eff 10-25-05; ss by #12941, eff 12-15-19
CHAPTER Odb
200 OIL FUND DISBURSEMENT BOARD
PROCEDURES
REVISION
NOTE
Document #5534, effective 12-21-92,
made extensive changes to the wording, structure, and numbering of rules
in Chapter
Odb 200. Document #5534 supersedes all
prior filings for the sections in this chapter.
The prior filings for former Chapter Odb 200 include the following
documents:
#4760, eff 2-13-90
#5115, eff 4-16-91
Statutory
Authority: RSA 146-D:5, I, RSA 146-E:6, I
, RSA 146-F:5, I, RSA 146-G:11 and
RSA 541-A:16, I(b)
PART
Odb 201 PURPOSE AND APPLICABILITY
Odb 201.01 Purpose.
(a)
The purpose of this chapter is to provide uniform procedures for the
conduct of all non-adjudicative and adjudicative proceedings, including
requests for reconsideration, declaratory rulings, rulemaking petitions, and
hearings in contested cases.
(b)
This chapter is intended to supplement the procedures established by RSA
541-A and any procedures or criteria established under any statute implemented
by the oil fund disbursement board.
Source. (See Revision Note at chapter heading for Odb
200) #5534, eff 12-21-92; ss by #6543, eff 7-22-97, EXPIRED:
7-22-05
New. #8490-A,
eff 11-22-05; ss by #12941, eff
12-15-19
Odb 201.02 Applicability.
(a)
The procedures set forth in this chapter shall apply to all proceedings
conducted by the oil fund disbursement board, and shall
be in addition to any applicable requirements of RSA 541-A.
(b)
All board proceedings shall be subject to the provisions of RSA 91-A.
Source. (See Revision Note at chapter heading for Odb
200) #5534, eff 12-21-92; ss by #6543, eff 7-22-97, EXPIRED:
7-22-05
New. #8490-A,
eff 11-22-05; ss by #12941, eff
12-15-19
PART
Odb 202 DEFINITIONS
Odb 202.01 “Board” means the oil fund disbursement board
established by RSA 146-D:4.
Source. (See Revision Note at chapter heading Odb
200) #5534, eff 12-21-92 , EXPIRED: 12-21-2000
New. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 202.02 “Department” means the New Hampshire
department of environmental services.
New. #12941, eff 12-15-19
Odb
202.03 “Presiding officer” means the chairman of the board, or
in the absence of the chairman, the vice chairman of the board.
Source. #12941, eff 12-15-19
Odb
202.04 “Sitting member” means an
individual who has been appointed to the board and to whom the oath of office
has been administered, and includes any member whose term has expired until
such time as a replacement is appointed.
The term does not include any member who has resigned from the board,
regardless of whether a replacement has been appointed.
Source. #12941, eff 12-15-19
PART
Odb 203 HEARINGS IN CONTESTED CASES
Odb 203.01 Waiver of Rules. Prior to the commencement of hearing procedures,
any party may submit a written request to waive the application of any of the
hearing rules of this part not required by statute. If no party objects to the request, and if
the board determines that granting the request is necessary to conduct a more efficient
hearing, then the rule or rules shall be waived and so noted in the hearing
record.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.02 Request for Hearing.
(a)
Any person aggrieved by a decision of the board or the department may request
a hearing within 30 days of the decision notification date. Such requests shall include a statement of
the relief sought and the rule or statutory provision under which the relief is
sought.
(b) The board shall establish a date and time for
a hearing and provide notice in accordance with Odb 203.10.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.04 Computation of Time. All time periods referenced in this chapter
shall be calendar days, commencing with the first day
following the date of an action. If the
last day of the time period falls on a Saturday, Sunday or legal holiday, then
the time period shall be extended to include the first business day following
the Saturday, Sunday or legal holiday.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.05 Extensions of Time.
(a)
Any party requesting a hearing may petition the board to extend any time
limit prescribed by this chapter for good cause as specified in (d) below. A request for an extension shall be submitted
in writing to the board prior to the expiration of the prescribed period and
shall state the reasons for the extension request. A copy of the request shall also be sent to
all other parties involved.
(b)
The department or any other party may object to the request by filing a
written objection with the board within 5 days of receipt of the request,
stating the reasons why the request should not be granted.
(c)
If there is no opposition to the request and if the delay would not
cause prejudice, the presiding officer shall grant the request. If an objection to a request is filed, the
presiding officer shall consider whether good cause exists to grant the request
and shall rule on the request within a reasonable time.
(d)
Good cause shall include such contingencies as an accident, sudden
illness, death of a family member, or other circumstances beyond the control of
the party, which prevents the party from meeting the time limit.
(e)
The board shall notify all parties of board actions through the
department.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.06 Date of Filing. All exhibits, findings of fact,
correspondence, motions, petitions, applications and any other documents
governed by this part, shall be deemed to have been filed with or received by
the board on the actual date of receipt by the board.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.07 Identification of Communications. Communications shall contain the name and
address of the communicator and the subject of the communication. When the subject matter pertains to a pending
proceeding, the title of the proceeding shall be given.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.08 Appearance Before the Board. Appearances may be entered either in writing
or upon the record of the hearing. Other
persons, not parties to a proceeding but having an interest in the subject
matter of the proceeding, may participate in the hearing to the extent that
they are able to establish an interest, other than that of the public
generally, in the subject matter of the proceeding.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.09 Representatives. Any party to a hearing before the board may
be represented by an individual as that party may designate, in accordance with
Odb 203.08.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb
203.10 Notice of Hearings. When a hearing is scheduled, notice shall be
provided in writing, to all parties or other interested persons, at least 15 days prior to
the hearing date. The notice shall specify
the date, time, place and subject matter of the hearing.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.11 Hearing Record. The record of the hearing shall consist of a
verbatim recording of the hearing, documentary evidence introduced by the
parties, and documents of which official notice has been taken by the board.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.12 Retention of Board Records of
Decisions or Orders.
(a) The board shall, through the
department of environmental services, maintain records of decisions or orders
issued pursuant to RSA 541-A:35 for 3 years after the date of
the final decision or order.
(b)
The board shall, through the department of
environmental services, maintain electronic records of decisions or orders issued pursuant to RSA 541-A:35 to the extent it
is technically feasible and cost-effective, and in conformance with the requirements
of RSA 294-E.
Source. #8490-A,
eff 11-22-05; ss by #9918-A, eff 4-28-11; ss by #12941, eff 12-15-19
Odb 203.13 Hearing Procedures.
(a) The
presiding officer shall:
(1) Regulate the course of the hearing;
(2) Rule upon issues of procedure; and
(3) Take such other action that is necessary for
the efficient and orderly conduct of the hearing.
(b) The
presiding
officer shall open the hearing by describing
the general terms, the purpose of the hearing, and the general procedure
governing its conduct.
(c) Any
person appearing before the board shall be required to state for the record his
or her name, address, and if a representative of a party, the identity of the
party so represented.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.14 Burden and Standard of Proof.
(a) The
party asserting a proposition or challenging a decision of the board shall bear
the burden of proving the truth of the proposition by a preponderance of the
evidence.
(b) For
purposes of this section, “proving the truth of the proposition by a
preponderance of the evidence” means what is sought to be proved is more
probable than not.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.15 Pre-Hearing Exchange of Information.
(a) At
least 10 days prior to the commencement of a hearing, the parties involved
shall provide the board with the following:
(1) A list identifying each witness expected to
be called at the hearing with a brief description
of
that witness’s testimony;
(2) A list of all exhibits expected to be
presented at the hearing; and
(3) Any requests for changes to or waivers of
the standard procedures as specified in this chapter or other matters
concerning the conduct of the hearing.
(b) If
the board requests information other than that specified in (a), above, from
the parties involved, the board shall provide written notice to the parties.
(c) A
party receiving a request for information pursuant to (b), above, shall provide
the information requested within 10 days.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.16 Documentary Evidence.
(a) Evidence,
which is relevant and material to the subject matter of the hearing, shall be
admissible. Evidence, which is
irrelevant, immaterial, or unduly repetitious, shall be excluded.
(b) The
board shall include in its final decision those facts of which it took official
notice unless those facts are included in the transcript of the record.
(c) All
documents, materials and objects offered in evidence as exhibits shall, if
accepted, be numbered or otherwise identified.
Documentary evidence shall be received in the form of copies or excerpts
if the original is not readily available.
Any person offering any documentary or photographic evidence shall
provide the board with 20 copies of such documents or photographs, unless the
presiding officer determines that such documents or photographs are of such
form, size or character as not to be reasonably suitable for reproduction.
(d) All
written statements and documents, materials, and objects admitted into evidence
shall be made available during the course of the hearing for public
examination. Following the hearing, all
such evidence shall be available at the board's office in
(e) All
objections to rulings of the presiding officer regarding evidence or procedure
and the grounds therefor shall be timely stated during the course of the
hearing. Nothing herein shall be
construed to permit interlocutory appeal of rulings of the presiding officer.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.17 Exhibits.
(a) Where
evidence to be presented consists of tabulations and figures so numerous as to
make oral presentation difficult to follow, it shall be presented in exhibit
form. Exhibits may be summarized,
supplemented, and explained.
(b) Space
shall be provided in the upper right hand corner of each such exhibit for the
insertion of the number of the exhibit and the name of the witness through whom
it is presented.
(c) The
original exhibit and 20 copies thereof shall be provided to the board and at
least one copy shall be provided to all other parties.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.18 Advance Filing of Exhibits. Any party intending to use exhibits shall
file an original and 20 copies thereof with the board at least 15 days prior to
the hearing at which such exhibits are to be introduced.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.19 Signatures. Every application, exhibit, notice, motion,
petition, complaint, brief, and memorandum shall be signed by the person filing
the document, or by one or more attorneys in their individual names or by other
duly designated representative on behalf of the person filing the document.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.20 Continuance.
(a) Any
party may request that a hearing conducted pursuant to this part be continued
for reasonable cause and reconvened or rescheduled. Reasonable cause shall include, but not be
limited to, unavailability of an individual party, a representative, or
critical documents.
(b) Requests
for a continuance made prior to a hearing shall be in writing and shall state
the reason(s) for the request. Requests for a continuance made at a hearing
may be made orally and shall be entered in the record of the hearing.
(c) If
the presiding officer determines that reasonable cause exists and that no
prejudice will result from the delay,
the presiding officer shall grant the request.
All orders for continuance shall specify the time and place at which
such hearing shall be reconvened.
(d) The
presiding officer shall notify the parties and the public, if applicable, in
such a manner as is appropriate to insure that reasonable notice shall be given
of the time and place of such continued hearing.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.21 Recess and Adjournment. The presiding officer shall, from time to time,
at the request of any party or members of the board, recess or adjourn any
hearings as may be necessary to the orderly conduct of the proceeding.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.22 Conclusion
of Hearing.
(a) Prior
to the conclusion of the hearing, the presiding officer shall, upon request and
at his or her discretion, direct that the
record be left open for a specified period of time to accommodate the filing of
documents not available at the hearing.
(b) If
the presiding officer determines that such documents are necessary to a full
consideration of the subject matter,
the presiding officer shall set a date by which the additional documents shall
be filed.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.23
Reopening of the Record.
(a) At
any time prior to a final decision, any party to a hearing may request the
presiding officer to reopen the record to consider documents or arguments
not previously considered.
(b) If
the presiding officer determines that such documents or arguments are necessary
to a full consideration
of the subject matter of the hearing, the presiding officer shall reopen the
record and written notice shall be given to all parties.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.24 Decision of Board. Following the conclusion of a hearing, or the
closing of the record, the board shall issue a notice of decision to all
parties through the department.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb
203.25 Withdrawal of a Presiding
Officer.
(a) Upon his or her own initiative or upon the
motion of any party, a presiding officer shall, for good cause, withdraw from
any hearing.
(b) For purposes of this section, good cause for
withdrawal shall be that the presiding officer has an objectively demonstrated
bias for or against one or more of the parties.
Good cause shall not include that the presiding officer is an employee
of the department.
(c) The party requesting the withdrawal of the
presiding officer shall support the request with sworn testimony or other
evidence submitted with the motion.
(d) For purposes of this section, an
“objectively-demonstrated bias” means that the party requesting the presiding officer
to withdraw submits evidence that shows, by a preponderance of the evidence,
that the presiding officer has had personal dealings with a
party to the proceeding that would cause a reasonable person to believe that as
a result of the dealings, the presiding officer will discount or ignore
evidence and law to find in favor of or against the party.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 203.26 Roles in Adjudicative Proceedings. In any adjudicative hearing, department staff
may be called as witnesses
by the board or any party to the hearing to present testimony and evidence as
requested.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
PART Odb 204 NON-ADJUDICATIVE PUBLIC HEARINGS
Odb 204.01 Applicability. With the exception of rulemaking hearings
under Odb 205, this part shall apply to the conduct of hearings held by the
board to provide information and receive public comment in any matter that is
not a contested case as defined by RSA 541-A:1, IV.
Source. #8490-B, eff 11-22-05; ss by #10481, eff 12-3-13; ss by
#12941, eff 12-15-19
Odb 204.02 Hearings. A non-adjudicative public hearing shall be
held:
(a) To receive evidence and testimony on
reimbursement determinations and other matters required by the statute or
rules;
(b) For any matter
for which the board is required by law or by these rules to hold a hearing that
is not a contested case; and
(c) For any matter
for which the law does not require the board to hold a hearing but for which
the board believes a public hearing would be of benefit.
Source. #8490-B, eff 11-22-05; ss by #10481, eff 12-3-13; ss by #12941, eff 12-15-19
Odb 204.03 Record.
(a) A record of the hearing shall be kept by
tape recording or other method, which will provide a verbatim record.
(b) Copies of the recording shall be provided
to any person upon request and payment of the costs of the tape(s) and staff time
to make the copy, or of staff time only if enough blank tapes to copy the
hearing tape(s) are submitted with the request.
(c) If any person
desires a transcript of the hearing tape(s), the board shall prepare or cause
to be prepared a transcript provided the cost of the
transcription is paid by the person(s) requesting the transcript. If the
department hires another person to prepare the transcript, the person
requesting the transcript shall be billed directly by and shall directly pay
the person preparing the transcript.
Source. #8490-B, eff 11-22-05; ss by #10481, eff 12-3-13; ss by #12941, eff 12-15-19
Odb 204.04 Testimony.
(a) Any individual
wishing to submit written testimony or exhibit(s) at a non-adjudicative public
hearing shall do so to the presiding officer, provided the individual signs and
dates such testimony or exhibit(s).
(b) Any individual
wishing to testify at a non-adjudicative public hearing shall submit his/her
name, address, and whom s/he represents, if anyone, in writing to the presiding
officer. The presiding officer shall call each individual to present his/her
testimony. The presiding officer shall encourage individuals who plan to
testify orally to place their testimony in writing and to submit such written
testimony to the presiding officer prior to the close of the record.
(c) At the
conclusion of testimony of each individual, the individual shall remain
available to answer questions from the presiding officer, who shall only ask
such questions as are necessary to clarify the testimony given.
(d) The presiding
officer shall terminate any comments, questions, or discussions that are not
relevant to the subject of the hearing.
Source. #8490-B, eff 11-22-05; ss by #10481, eff 12-3-13; ss by #12941, eff 12-15-19
Odb
204.05 Closing the Hearing and the
Record.
(a) The presiding
officer shall close the hearing when s/he determines that no one has further
questions or comments that are relevant to the subject
of the hearing.
(b) At a
non-adjudicative public hearing other than a rulemaking hearing, if additional
time is requested to submit written testimony as specified in Odb 205.04(b) or
supplemental information which the presiding officer determines to be relevant
to the subject of the hearing, he or she shall designate a specific time period
for the record to remain open to receive such information.
Source. #8490-B, eff 11-22-05; ss by #10481, eff 12-3-13; ss by #12941, eff 12-15-19
Odb 204.06 Continuances.
(a) At any
non-adjudicative public hearing, if anyone requests a continuance and the
presiding officer determines that the public will be best served by
continuing the hearing and that any prejudice caused to any person as a result
of the continuance is outweighed by the benefit to the public of granting the continuance,
the presiding officer shall order that the hearing be continued to a later
date, time, and place.
(b) If such later date, time, and place are
known at the time of the hearing that is being continued, the presiding officer
shall
state the date, time, and place on the record.
(c) If such later date, time, and place are not
known at the time of the hearing that is being continued, the presiding officer
shall state how notice will be given of the date, time, and place of the
continued hearing.
Source. #8490-B, eff 11-22-05; ss by #10481, eff 12-3-13; ss by #12941, eff 12-15-19
PART Odb 205 RULEMAKING HEARINGS
Odb
205.01 Public Hearing. The board shall hold a public hearing when
proposing to adopt, readopt, amend or repeal rules.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19; ss by #12941, eff 12-15-19
Odb
205.02 Notice of Hearing. The board shall provide notice for a public
hearing in accordance with Odb 203.10.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb
205.03 Record.
A record of the public hearing shall be kept by verbatim recording.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 205.04 Hearing Procedures.
(a) The
presiding officer shall:
(1) Regulate the course of the hearing;
(2) Rule upon issues of procedure; and
(3) Take such other action that is necessary for
the efficient and orderly conduct of the hearing.
(b) The presiding officer shall open the
hearing by describing the general terms, the purpose of the hearing and the
general procedure governing its conduct.
(c) Any person providing
oral testimony shall state for the record his or her name, address, and if a
representative of a party, the identity of the party so represented.
(d) Any person wishing to
submit written testimony shall do so to the presiding officer provided the
person signs and dates such testimony.
(e) The
presiding officer shall call each person to present testimony and
encourage persons testifying orally to place their testimony in writing and to
submit such written testimony to the presiding officer prior to the close of
the record.
(f) At
the conclusion of testimony of each person, the presiding officer shall
encourage the person to remain available to answer questions from the presiding
officer, who shall only ask such questions as are necessary to clarify the
testimony given.
(g) The
presiding officer shall terminate any comments, questions, or discussions that
are not relevant to the subject of the hearing.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 205.05 Closing the Hearing and the Record.
(a) The
presiding officer shall close the hearing upon determining there are no further
questions or comments that are relevant to the subject of the hearing.
(b) The
record shall remain open until the date specified in the notice published in
the New Hampshire Rulemaking Register.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
PART Odb 206 RULEMAKING PETITIONS
Odb 206.01 Filing. Any person wishing to file a rulemaking
petition shall file the original and one copy of the petition with the board.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb 206.02 Format and Content of Petition. A person filing a petition to adopt, amend,
or repeal a rule shall provide the following information:
(a) The
exact legal name of each person requesting the adoption, amendment, or repeal
of the rule, with a residence address or principal place of business of the
person;
(b) Whether
the person is asking the board to adopt, amend, or repeal a rule;
(c) If
the petition is to adopt a rule:
(1) The chapter, part, and section, by alphanumeric
code, where the person proposes the rule language to be inserted; and
(2) The proposed rule language;
(d) If the petition is to amend a rule:
(1) The specific rule, by alphanumeric code,
that is the subject of the petition; and
(2) The proposed rule language;
(e) If the petition is to repeal a rule, the
specific rule, by alphanumeric code, that is the subject of the petition;
(f) A written statement of why the petitioner
wants the board to undertake the action requested and how the action is
consistent with RSA 146-D or RSA 541-A, as applicable; and
(g) Such other information the person filing the
petition deems pertinent and relevant to their request, including written
testimony.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb
206.03 Board Review.
(a) Upon receipt of a petition to adopt, amend,
or repeal a rule, the board shall proceed in accordance with RSA 541-A: 4, I.
(b) The petition shall be granted and a
rulemaking proceeding shall be initiated if the board determines that the
proposed action is:
(1) Consistent with state and federal law and
policy; and
(2) Necessary to the efficient and effective
implementation of the rules that are the subject of the action.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
PART Odb 207 REQUESTS FOR RULE EXPLANATION
Odb
207.01 Request for Rule Explanation.
(a) Any person may request, at any time before
30 days after the final adoption of the rule, that the board issue an
explanation of a rule by filing an original and one copy of the request.
(b) The request shall include:
(1) The chapter, part or section, or paragraph,
by alphanumeric code, of the rule(s), statutory provision(s), or order(s) which
is the subject of the request; and
(2) Any other information as the person filing
the petition deems pertinent and relevant, including attachments,
illustrations, and other written documents.
Source. #8490-B, eff 11-22-05; ss by #10481, eff 12-3-13; ss by #12941, eff 12-15-19
PART Odb 208 PETITION FOR DECLARATORY RULING
Odb
208.01 Applicability. Any interested person may submit a petition
for a declaratory ruling on the applicability of any statute, rule, or order
administered or enforced by the board.
The rules in this part shall apply to any petition for such ruling.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb
208.02 Filing. The original and one copy of a petition for a
declaratory ruling shall be filed with the board.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb
208.03 Format and Content of
Petitions. Petitions for rulings
shall include the following:
(a)
The legal name of each person requesting the
action, with a resident address or principal place of business of the person;
(b) The chapter, part, section, or paragraph, by
alphanumeric code, of the rule(s), statutory provision(s), or order(s), which
is the subject of the request;
(c) The petitioner’s signature and date signed;
(d) Any other information as the person filing
the petition deems pertinent and relevant, including attachments,
illustrations, and other written documents; and
(e) A concise and explicit statement of why the
petitioner wants the board to rule on the statutory provision, rule or order.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
Odb
208.04 Processing of Petitions.
(a)
If the board determines that the petition is deficient,
the board shall notify the petitioner within 30 days, in writing, of the
specific deficiencies and allow the petitioner to amend the petition.
(b) The board shall take one of the following
actions in response to a petition:
(1) Issue a ruling responsive to the petition
within 90 days; or
(2) If deemed necessary, request the opinion of
the department of justice and issue a ruling within 90 days following receipt
of the department of justice opinion.
Source. #8490-A,
eff 11-22-05; ss by #12941, eff 12-15-19
PART Odb 209 WAIVER OF IMPORT FEE PENALTIES AND INTEREST
Odb
209.01 Definitions.
(a) “Person” means “person”
as defined in
RSA 146-A:11-b, I(a).
(b) “Penalties”
means penalties assessed by the department of safety under RSA 146-A:11-b, IV.
Source. #8490-B, eff 11-22-05; ss by #9918-B, eff 4-28-11;
ss by #10580, eff 4-30-14; ss by #12941, eff 12-15-19
Odb
209.02 Waiver of Import Fee Penalties
And Interest.
(a) Penalties not assessed in error shall be
waived by the board no more than once in a 12-month reporting period, if
the distributor filed timely reports for the prior 11 months, or if the total penalty
is $10 or less. Related interest shall
not be waived.
(b) Penalties and related interest assessed in
error shall
be waived by the board.
(c) Notice
to the person that penalties were waived under (a), above, or penalties and
interest were waived under (b), above, shall be in the form of a refund issued
by the department of safety if the person had already paid the penalty/interest
assessment, or a credit if the distributor had not yet paid. The person shall pay any interest still due
under (a), above, in accordance with the department of safety invoice.
(d) The board shall approve a written
request for waiver of penalties not waived under (a) and (b), above, upon
finding the circumstances were beyond the knowledge or control of the person, including but not limited
to, a fire or natural disaster. Related interest
shall not be waived. The board shall, through the department of
environmental services, provide written notice of its decision to the person
within 30 business
days, with a copy to the department of safety.
(e) If
a written request for waiver under (d), above, is approved, the board notice
copy shall be authorization for the department of safety to
issue a penalty refund if the person had already paid the penalty assessment or
a penalty credit if the person had not yet paid. The person shall pay any interest still due
in accordance with the department of safety invoice. If a waiver is denied, the person shall pay
any penalty and interest still due.
Source. #12941, eff 12-15-19
CHAPTER
Odb 300 - REPEALED
Source. #4761, eff 02-13-90; ss by #5115, eff
4-16-91; ss by #5534, eff 12-21-92; rpld by #6543, eff 7-22-97
CHAPTER Odb
400 RULES FOR REIMBURSEMENT UNDER RSA
146-D
Statutory Authority: RSA 146-D:5
PART Odb 401 PURPOSE AND SCOPE
Odb 401.01 Purpose. The purpose of this chapter is to establish
procedures for reimbursement under RSA 146-D.
Source. #4762, eff 2-13-90; ss by #5115, eff 4-16-91;
ss by #5534, eff 12-21-92; ss by #6543, eff 7-22-97; EXPIRED:
7-22-05
New. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb 401.02 Applicability. This chapter shall apply to reimbursement for
costs incurred on or after the effective date of this chapter.
Source. #4762, eff 2-13-90; ss by #5115, eff 4-16-91;
ss by #5534, eff 12-21-92; ss by #6543, eff 7-22-97; EXPIRED:
7-22-05
New. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
PART Odb 402 DEFINITIONS
Odb 402.01 “Applicant” means:
(a) A
professional
engineer or professional geologist licensed in New Hampshire performing
corrective
action, a corrective action contractor, or an individual or company performing Env-Dw
300 public water supply gasoline ether monitoring or notification under RSA 485:16-a,
II, under contract with an owner;
(b) The
New Hampshire department of transportation or political subdivisions of the
State performing corrective action under a written agreement with an owner
concerning management of contamination encountered during construction projects
near the owner’s property; or
(c) The
department.
Source.
#8491, eff 11-22-05; ss by #9935-A,
eff 9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb 402.02 “Board” means the oil fund disbursement board
established by RSA 146-D:4.
Source. #12942, eff 12-15-19
Odb 402.03
“Bodily injury costs” means damages proven by expert medical testimony
as to diagnosable personal injury, illness, or
other bodily injury, including emotional distress accompanied by physical manifestations
suffered by a party other than an owner or its agents as a result of a
discharge.
Source. #12942, eff 12-15-19
Odb 402.04
“Capital equipment” means electronic,
chemical, mechanical, or structural equipment installed to perform
contamination source removal or treatment, which has a long-term life greater
than 2 years and has an initial value or purchase cost, either individually or
as an aggregate, of $10,000.00 or more.
Source. #12942, eff 12-15-19
Odb 402.05
“Compliance” means conformance with
applicable local, state, and federal facility operating requirements, including the
department guidance document titled, “Best Management Practices for the
Installation and Upgrading of On-Premises-Use Heating Oil Tanks” (2008
edition).
Source. #12942, eff 12-15-19
Odb 402.06
“Contamination” means “contamination” as
defined in Env-Or 602.
Source.
#12942, eff 12-15-19
Odb 402.07
“Contract” means a formal written agreement
that specifies the service performed and the terms and conditions of the
service.
Source. #12942, eff 12-15-19
Odb 402.08
“Corrective action” means activities
performed in accordance with department rules to contain a discharge or remedy contamination
including reasonable restoration of property damaged while performing corrective
action, which is not covered under an owner’s or corrective action service
provider’s insurance. Corrective action does not include restoration of
property damaged by a discharge.
Source. #12942, eff 12-15-19
Odb 402.09 “Corrective action contractor” means an
individual or company that is primarily in the business of providing corrective
action services, has the necessary equipment and facilities, and employs
appropriately-trained, experienced personnel with current U.S. Occupational
Safety and Health Administration certification.
Source. #12942, eff 12-15-19
Odb 402.10 “Corrective
action report” means a report on site conditions or cleanup submitted in accordance
with department rules.
Source. #12942, eff 12-15-19
Odb 402.11 “Deductible” means initial costs incurred for
which an owner is liable to the fund under RSA 146-D:6,
V and RSA 146-D:6, VI.
Source. #12942, eff 12-15-19
Odb 402.12 “Department”
means the New Hampshire department of environmental services.
Source. #12942, eff 12-15-19
Odb 402.13 “Discharge”
means a spill or release of oil, fuel oil, motor oil, gasoline, or gasoline
ethers.
Source. #12942, eff 12-15-19
Odb 402.14
“Facility” means a location, including
structures or land, at which oil is subjected to treatment, storage,
processing, refining, pumping, transfer, or collection. The term, including:
(a) An
“above ground storage facility " as defined in RSA 146-D:2, I;
(b) An
“on-premises-use facility” as defined in RSA 146-D:2, VI;
(c) A
“motor oil storage facility” as defined in RSA 146-D:2, IV;
(d) An
“underground storage facility” as defined in RSA 146-D:2, VIII; or
(e) “Potential
contamination source” as defined in RSA 146-D:2, VII, as applicable.
Source. #12942, eff 12-15-19
Odb 402.15 “Financial statement”
means a complete accounting of a facility owner's financial condition prepared
in accordance with generally accepted accounting practices or standards
including a statement of assets and liabilities, income statement, statement of
cash flows, and statement of whether the owner is creditworthy.
Source. #12942, eff 12-15-19
Odb 402.16
“Fund” means the oil discharge and
disposal cleanup fund established by RSA 146-D.
Source. #12942, eff 12-15-19
Odb 402.17
“Other insurance” means private insurance
coverage for corrective action or third-party damage costs that is valid and
collectible by the owner, and includes private insurance held by the owner
through either a wholly-owned or jointly-owned subsidiary in the business of providing
insurance coverage to the owner or to the owner and others.
Source. #12942, eff 12-15-19
Odb 402.18
“Owner” means the person having legal
ownership of an oil storage facility, land, and potential contamination source
properties under RSA 146-D:6, II and public and private water supplies under
RSA 146-D:6, I.
Source. #12942, eff 12-15-19
Odb 402.19
“Performance standard” means the expected
level of completeness, quality, or reduction in measurable contamination when
performing corrective action based on department rules.
Source. #12942, eff 12-15-19
Odb 402.20
“Person” means any company and its
parents, subsidiaries, business units, and affiliates established under any
legal form, an individual, group, trust, firm, joint stock company, corporation
including a government corporation, partnership, association, limited liability
company, state and agencies thereof, municipality, commission, political
subdivision of a state, interstate body, consortium, joint venture, commercial
entity, the United States government and agencies thereof, and
any other legal entity including those wholly owned by the same individual
or parent entity, and legal entities that share identical or interlocking
boards of directors.
Source. #12942, eff 12-15-19
Odb 402.21
“Project cost ledger” means a
department-approved electronic spreadsheet, accounting software, or other electronic
application or system, that itemizes all costs and charges to a fund-eligible
project, and ties those costs and charges to a general ledger accounting
system.
Source. #12942, eff 12-15-19
Odb 402.22 “Property damage”
means physical damage to, or loss of use of, tangible property owned by a party
other than the facility owner or his or her employees.
Source. #12942, eff 12-15-19
Odb 402.23
“Reimbursement” means an assignment of
money from the fund.
Source. #12942, eff 12-15-19
Odb 402.24 “Site” means
“site” as defined in Env-Or 602.31.
Source. #12942, eff 12-15-19
Odb 402.25
“Third-party damages” means damages, which
are an obligation of an owner as a result of a court-approved settlement or
judgment in a civil action against the owner by a party who has suffered bodily
injury or property damage as defined in this part.
Source. #12942, eff 12-15-19
Odb 402.26
“Upload submittal” means a reimbursement
request submitted via the department One Stop Data Provider web site https://www4.des.state.nh.us/OnestopDataProviders/DESLogin.aspx,
or
successor systems, in portable document format (PDF).
Source. #12942, eff 12-15-19
Odb 402.27 “Web-based submittal” means a reimbursement
request submitted by an applicant via the department One Stop Data Provider web
site https://www4.des.state.nh.us/OnestopDataProviders/DESLogin.aspx,
or successor systems, using an application developed and maintained by the department
for that purpose.
Source. #12942, eff 12-15-19
Odb 402.28 “Web-based submittal with expedited payment”
means a web-based submittal that is processed for payment within 30 days.
Source. #12942, eff 12-15-19
PART Odb
403 REIMBURSEMENT REQUEST DOCUMENTS
Odb
403.01 Invoice Summary for Paper and
Upload Submittals.
(a) An
owner or applicant submitting a reimbursement request shall provide an invoice
summary that lists each contractor invoice and includes the following information:
(1) A page header including the department site
number, project number, site/project name, and reimbursement request number;
(2) For each invoice:
a. Contractor invoice number
and date;
b. The department work scope and budget approval
date, if applicable;
c. The department phase and class code;
d. Contractor name, and if applicable,
subcontractor name;
e. Summary description of work for each phase
and class;
f. Work scope budget amount;
g. Payment amount requested; and
h. Work scope budget balance, if any; and
(3) The total work scope budget and budget
balance, and total amount requested.
Source. #8491, eff 11-22-05; ss by #9935-B, eff 9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb 403.02 Reimbursement Authorization Form. An owner submitting a reimbursement request shall
provide the following information on a “Reimbursement Authorization Form”
obtained from the board:
(a) Authorization information including the type
of facility or project and whether reimbursement is sought for corrective
action costs or third-party damages;
(b) Facility, property, and project information
including:
(1) Facility and property
name, as applicable;
(2) Address;
(3) Location town;
(4) The department facility identification
number if applicable;
(5) The department project
number;
(6) For an initial authorization, the date of
discharge discovery; and
(7) A statement indicating whether the facility
is active or permanently closed;
(c) Owner
and insurance information including:
(1) Owner name;
(2) Mailing address;
(3) Daytime phone number;
(4) Whether the owner is a
new owner since the last authorization;
(5) Number of
facilities owned if
more than one; and
(6) If an initial authorization
for a discharge, whether other insurance coverage is available; and
(d) The
owner’s or corporate officer’s signature and date certifying the following
liability statement and affirmation:
“I
hereby certify that the facility referenced above is currently in compliance,
or I am the owner of land where a compliant facility was located, or I am a
duly authorized officer of the entity that owns the compliant facility or land
where a compliant facility was located.
I understand that a ‘deductible’ or deductible balance may be applied against
any amounts reimbursed from the fund. If
reimbursement is made to an ‘applicant’, I understand that the deductible or
deductible balance amount may be billed and that said amount is due within 30
days of the billing date, unless the board approves periodic payments. I understand the funds under RSA 146-D:6, IV (b-d)
only provide excess insurance coverage.
I declare that the representations made in this reimbursement
authorization are to the best of my knowledge true and correct, and agree to
reimburse the fund for any payments made based upon incorrect information on
this form, or incorrect reimbursement submittal information. If an officer of the owner, I affirm that I
have been duly authorized by the corporation, LLC, LLP, or other corporate entity
to bind the corporation, LLC, LLP, or other corporate entity, and to make the
above declarations. I also affirm that
the corporation, LLC, LLP, or other corporate entity has made all filings and
paid all fees required by the New Hampshire Secretary of State.”
Source. #8491, eff 11-22-05; ss by #9935-B, eff 9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
PART Odb
404 REIMBURSEMENT REQUEST SUBMITTAL AND
BOARD REVIEW
Odb 404.01 Requests for Reimbursement.
(a) With
the exception of requests submitted by the department, requests for reimbursement
shall be submitted within one year of completing corrective action.
(b) Requests
for reimbursement for third-party damage costs shall be submitted within 60
days of notice of a final court order or court approved settlement for bodily
injury costs or property damage costs as defined in this chapter.
(c) An
owner may submit a request for reimbursement for third-party damage costs only if notification was provided pursuant to Odb 408.01.
(d) An
owner or applicant may submit a request for reimbursement only if the limits of
coverage under other valid and collectible policies of insurance held by the
owner, are reached.
(e) An
applicant may only submit a request for reimbursement for services provided by
the applicant, including subcontractors and suppliers.
Source. #8491, eff 11-22-05; ss by #9935-B, eff 9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb
404.02
Reimbursement Submittal Requirements.
(a) Requests
for reimbursement shall include the following:
(1) For an owner’s initial request, a completed “Reimbursement
Authorization Form” that includes the information required under Odb 403.02;
(2) For paper
submittals, upload submittals, or an initial web-based submittal a list or brief
description of the information included in the reimbursement request submittal,
in the form of a cover or transmittal letter;
(3) For paper or
upload submittals
a summary of invoiced expenses which includes the
information required under Odb 403.01;
(4) A copy of the
work scope approval notice under Odb 407.01(d), if applicable;
(5) Copies of all
contractor and subcontractor invoices and contractor personnel timesheets or
timesheet summary;
(6) Tabulation
of bid item quantities, bid item price, bid item total cost, and total job cost
for bid-based work, if
applicable;
(7) A copy of the
contract under Odb 406.03 if applicable;
(8) Employee payroll
records, cost of employee benefits and equipment operating cost data when
corrective action is performed by the owner;
(9) Other insurance information required under Odb
405.02, if applicable;
(10)
A copy of the agreement stating a facility owner has a legal obligation to
continue corrective action after ownership is conveyed, if applicable;
(11) A
copy of the final court order or court approved settlement for third-party
damages;
(12) For an initial request, facility compliance
information, if applicable; and
(13) For an initial request, a completed department
“Alternate W-9 Form” to obtain a vendor number, if applicable.
(b) A
re-submittal of information related to a request when the approved amount was
less than the requested amount shall be re-submitted within 180 days of the action
date and shall include an explanation of the basis of the re-submittal and a
copy of the reimbursement approval notice issued under Odb 404.03(d) indicating
which costs are being re-submitted.
(c) Reimbursement
requests shall be submitted concurrently with the corrective action report, if
applicable.
(d) No
reimbursement request shall be submitted that includes costs incurred by an
owner or applicant after corrective action is deemed complete by the department
and a corrective action report was provided, if applicable.
Source. #8491, eff 11-22-05; ss by #9935-A,
eff 9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb 404.03 Reimbursement Review Procedures.
(a) Upon
receipt of a request for reimbursement, the board shall, through the
department, determine if the request is complete pursuant to Odb 404.01 and Odb
404.02. Incomplete requests shall be
returned within 30 days of receipt.
(b) Upon
receipt of a complete reimbursement request, the board shall request that the
department report its recommendation for reimbursement within 60 days of the
date of receipt.
(c) The
board shall, through the department, determine the amount of reimbursement
based on the reimbursable cost criteria of Odb 407 and Odb 408 and shall
authorize the state treasurer to disburse said amount from the fund.
(d) The
board shall, through the department, issue a notice of reimbursement to the
owner or applicant within 30 days of a reimbursement determination.
(e) If
the reimbursement amount is less than the requested amount, or if no
reimbursement is due, the notice of reimbursement shall indicate the reasons
for a reduction in payment or non-payment.
(f) All
reimbursements from the fund for corrective action performed by the department
shall be paid directly to the department.
Source.
#8491, eff 11-22-05; ss by #9935-A, eff 9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb 404.04 Reimbursement Request Priority.
(a) The
board shall consider requests for reimbursement from the fund as follows:
(1) Web-based submittals with expedited payment
and corrective action performed by the department shall have first priority;
(2) Web-based submittals shall have second priority;
(3) Upload submittals shall have third priority;
and
(4) Paper submittals shall have fourth priority.
(b) The
board shall consider requests for reimbursement in the chronological order
received regardless of the submittal method, if the balance in the fund is not
sufficient to pay all uncontested reimbursement requests.
Source. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
PART Odb
405 FUND AVAILABILITY AND OTHER
INSURANCE
Odb 405.01 Fund Availability.
(a) The fund shall be available for
reimbursement of costs incurred for corrective action, third-party damages,
public water supply gasoline ether monitoring under Env-Dw 300, and providing
notification under RSA 485:16-a, II.
(b) The
fund shall be available to the owner of a facility for the first discharge if
the facility is in compliance.
(c) The
fund shall be available to the owner of a facility for subsequent discharges if
the owner maintains compliance after compliance is achieved, as specified in (b)
above.
(d) The
fund shall be fully available to owners of on-premises-use facilities or land
where on-premises-use facilities are located for corrective action cost and
third-party damage cost reimbursement if the facility is now and was in compliance
on July 1, 2015.
(e) With
the exception of owners qualifying under paragraph (f) below, owners of on-premises-use
facilities or land where on-premises-use facilities are located, that were not
in compliance on July 1, 2015, shall be subject to a reduction in corrective
action cost and third-party damage cost reimbursement in the amount of $500 for
the state, political subdivisions, non-profit organizations, school districts,
residences, and businesses.
(f) The
fund shall be available to meet the requirements of RSA 146 D:6, III(a),
subject to the following:
(1) The
on-premises-use facility is located at a property that is the primary residence
of the owner including a single-family home, a duplex, a manufactured home, a
farm, or a property where the owner also operates a small business;
(2) The
owner does not hold title to, or have an interest in, any income producing
property other than that specified in (1) above, including but not limited to,
stocks or real property held either individually, or through a business, trust,
or other related entity; and
(3) The
owner’s total household annual income does not exceed 24 CFR, Title 24, U.S. Department
of Housing and Urban Development, low-income criteria that apply to the county
or metropolitan statistical area where the property is located.
(g) The
fund shall be available to:
(1) The current facility owner;
(2) A former facility or landowner
for costs incurred during ownership, including completion of work contracted
prior to ownership transfer;
(3) A former facility or
landowner for costs incurred under a legal indemnification agreement which
obligates the former owner to continue corrective action after the facility or
land is sold; or
(4) A landowner where a compliant facility was located.
Source. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb 405.02 Coverage Under Other Insurance.
(a) The
fund shall provide excess insurance to reimburse corrective action costs and
third-party damage costs
not covered within the limits of other valid and collectible insurance. The fund shall provide coverage only after
any primary, excess, and umbrella coverage is exhausted.
(b) An
owner who will seek reimbursement under RSA 146-D:6, IV(b-d) shall first submit
claims to other insurance providers for purposes of a coverage determination
before submitting any reimbursement requests to the board. The owner shall submit documentation
regarding the findings of the coverage determination prior to, or when submitting
an initial reimbursement request to the board.
(c) An owner may use other insurance to cover
the cost of the fund deductible or for costs that are not eligible under the
fund. Reimbursements
from the fund shall be adjusted such that the total of payments received from the
fund and other insurance does not exceed an owner's total incurred costs.
(d) The board shall not
approve reimbursement to an insurer that submits a claim under a subrogation
agreement with the owner or through an owner's attempted assignment of interest.
(e)
The board shall be subrogated to any claims by an owner for coverage, payments,
or reimbursements against any person to whom the owner has a claim.
(f) An
owner who received fund reimbursement for a discharge occurrence and
subsequently receives payment from an insurer for the same discharge occurrence
shall0 immediately notify the board of such payment. The board shall determine whether the fund is
entitled to full or partial repayment and shall notify the owner of such determination.
Source. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11 (formerly Odb 405.03), EXPIRED:
9-1-19
New. #12942, eff 12-15-19
PART
Odb 406 OWNER AND APPLICANT RESPONSIBILITIES
Odb 406.01 Assignment and Subrogation.
(a) An
owner's assignment of interest in the fund or right of subrogation claims
against the fund shall not be assignable or transferable to a third party. Any attempted assignment or transfer shall
not be effective against the fund and shall be considered void.
(b) If
an owner's insurance coverage, or the responsibility for corrective action or
third-party damages, is in dispute, and in the event of any payment from the
fund, the board shall be subrogated to all the owner's rights of recovery
therefor against any person or organization including other insurers. The owner shall execute and deliver
instruments and do whatever else is necessary for the board to pursue such
claims upon request by the board.
(c) The
board shall be subrogated to any claims by an owner against any third parties
and the board shall be entitled to recover any payments made by a third party
to an owner for expenses previously reimbursed by the fund.
Source. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11; ss by #12942, eff 12-15-19
Odb 406.02 Liability for Deductible.
(a) The
deductible amount described in RSA 146-D:6, V shall be withheld from
reimbursement to an owner, but not withheld from an applicant.
(b) If
a deductible is not withheld, the board shall bill the owner for the deductible
amount through the department and the owner shall pay the amount within 30 days
of the billing date.
(c) If
the owner is financially unable to pay the entire deductible amount within 30
days of the billing date, the owner shall submit a financial statement and
proposed periodic payment amount and payment schedule that is commensurate with
the owner’s ability to pay.
(d) The
board shall approve a request for periodic payments upon determining that it is
supported by the owner’s financial statement, and shall issue a written notice
of its decision.
(e) The
deductible amount described in RSA 146-D:6, VI shall be withheld from reimbursement
to an owner or applicant.
(f) The
deductible assessed for each facility discharge shall be based on the total
number of facilities owned pursuant to RSA 146-D:6, V,as applicable. Any permanently closed facility at which no
contamination is present, no corrective action is required, or no access to the
fund will be sought, shall not be included in the total ownership count for
purposes of determining the deductible.
(g) A
separate deductible shall be applied for each discharge.
(h) The
owner of an on-premises-use facility qualified under Odb
405.01(f) shall also qualify for a reduced deductible under RSA 146-D:6, VI.
Source. #8491, eff 11-22-05; ss by #9935-A, eff 9-1-11,
EXPIRED: 9-1-19
New. #12942, eff 12-15-19
(a) An owner may enter into a contract that
includes provisions for direct reimbursement to an applicant.
(b) Contracts shall be executed prior to the
performance of work by the applicant, and shall not provide for separate
reimbursement to individual subcontractors.
(c) The applicant shall agree to waive all
claims against the owner for payment of services performed within the limits of
a corrective action contract.
(d) For
implementation of a remedial action plan, an owner may enter into 2 separate
applicant contracts, one contract with a professional engineer or professional
geologist for management and oversight of the work, and another contract for construction or cleanup operation services.
Source. #8491, eff 11-22-05; ss by #9935-A, eff 9-1-11,
EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb
406.04 Right to Enter. An owner shall allow the board or its designee
to enter, during reasonable hours, any facility or site location and associated
structures, including offices, to inspect any activity and records related to a
reimbursement request.
Source. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb
406.05 Audits and Qualifications.
(a) An owner or applicant shall allow the board
or its designee to conduct periodic financial audits of all records related to
a reimbursement request, including project cost ledgers, contractor invoices,
subcontractor and vendor invoices, expense receipts, timesheets or timesheet
summaries, daily work orders, inventory records and other documents as
necessary to substantiate reimbursed costs.
(b) Applicants that are professional engineers,
professional geologists or corrective action contractors shall maintain a
separate project cost ledger for each fund-eligible project.
(c) To
qualify for web-based submittals an applicant shall complete training provided
by the department.
(d) To qualify for web-based submittals with
expedited payment, an applicant shall:
(1) Complete
web-based submittal training provided by the department;
(2) Request
qualification for expedited payment, in writing; and
(3) During
the 12 months prior to requesting qualification, have submitted 6 or more reimbursement
requests, of which 95% or more were complete, and no more than 2 incomplete
corrective action reports.
(e) An applicant shall be disqualified from
receiving expedited payment for web-based submittals for 12 months following
completion of a department audit, if the audit findings are as follows:
(1) More than 5% of web-based submittals or more
than 2 corrective action report submittals for the 12-month period prior to the
audit were incomplete; or
(2) Two or more web-based submittals included
costs that are not reimbursable under Odb 407.09 and Odb 407.10.
(f) An
applicant disqualified under Odb 406.05(e) seeking re-qualification shall make
internal process corrections to prevent future errors and report the corrections
made, in writing, prior to expiration of the 12-month disqualification period.
(g) If
a periodic financial audit reveals that an owner or applicant received an
overpayment for a reimbursement request, the owner or applicant shall be liable
to the fund for any overpayment amount.
(h) The board shall, through the department,
provide written notification to an applicant of a qualification determination
under Odb 406.05(d) or re-qualification under Odb 406.05(f), within 45 days of
a request.
(i) The
board shall, through the department, provide written notification of
disqualification under Odb 406.05(e) within 10 days of completing an audit.
(j) Nothing
contained in this chapter shall relieve an owner or applicant from liability
under RSA 146-D:7.
Source. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
PART Odb 407 REIMBURSEMENT OF CORRECTIVE ACTION COSTS
Odb
407.01 Corrective Action Work Scope
Requirements.
(a) With the exception of emergency response
action performed under Env-Or 605.03, an owner or applicant seeking reimbursement
from the fund shall submit a work scope and budget prior to performing
corrective action.
(b)
If applicable, the owner or applicant shall evaluate the cost-effectiveness of
leasing versus purchasing capital equipment considering equipment cost, reliability,
efficiency and performance over the estimated duration of the project, and
shall include the evaluation data with the work scope and budget.
(c) The board shall, through the department,
approve a work scope and budget upon determining the proposed work conforms to
the technical criteria established in Env-Dw 300, Env-Or 600, We 600, We 700,
and We 800, as applicable, and the reimbursable corrective action cost criteria
of this part.
(d) The board shall, through the department,
issue a work scope approval notice that includes the approved budget and a
description of the work pursuant to the technical criteria established in
Env-Dw 300, Env-Or 600, We 600, We 700, and We 800, as applicable.
Source. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb 407.02 Corrective Action Performed by Owner. An owner may perform corrective action with
its own employees and equipment subject to other applicable requirements or
limitations of this chapter. Reimbursement
shall be limited to actual costs based on employee pay rates, cost of benefits
and equipment operating costs. Costs
associated with direct oversight of employees shall not be reimbursable.
Source. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb 407.03 Interim Water Supply. Temporary supplies of potable water provided
under authority of RSA 146-D:6 I, shall only be available through department contractors.
Source. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb 407.04 Connection to Existing Public or
Non-Public Water Supply System.
(a) An
owner of a private water supply may request reimbursement under RSA 146-D:6 I
for permanent connection to a public or non-public water supply system available
at or near the owner’s property boundary.
(b) The
owner shall provide a letter from the water supply system owner or operator
authorizing the connection when submitting a work scope and budget to the
board.
(c) Connections
to an existing public or non-public water supply system shall be approved based
on conformance with technical criteria established in Env-Dw 300, and We 600,
We 700, and We 800 of the water well board, as applicable.
(d) If
applicable, the owner shall provide a letter from the water supply system owner
or operator stating the work was inspected and meets all connection
requirements, when submitting a reimbursement request to the board.
(e) Reimbursable
costs shall include the installation of piping, plumbing connections and appurtenances
necessary to provide a permanent connection to a public or non-public water
supply system,
standard one-time connection fees assessed by the water supply system owner, if
any, and the costs required to abandon a contaminated supply well.
Source. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb 407.05 Replacement of Private Water Supply.
(a) An
owner of a private water supply may request reimbursement under RSA 146-D:6 I for
the installation of a new or replacement groundwater supply well and
appurtenances.
(b) A
new or replacement private water supply shall be approvable if connection to a public
or non-public water supply system is not available, or if the cost of connection
would exceed the cost of establishing a viable new or replacement private water
supply.
(c) Installations
of private groundwater supply wells shall be approved based on conformance with
technical criteria established in Env-Dw 300 or We 600, We 700 and We 800 of
the water well board, as applicable.
(d) Reimbursable
costs shall include site location and development activities, construction of
the supply well and pump installation, treatment systems, piping installations,
plumbing connections and other necessary appurtenances, startup costs, and the
costs required to abandon a contaminated supply well.
Source. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb 407.06 Public and Non-Public Water Supply Systems.
(a) An
owner of a public or non-public water supply system may request reimbursement
under RSA 146-D:6 I for a feasibility study, the construction of a distribution
system extension, construction of new treatment processes, water supply wells
or distribution systems, replacement of a water supply well, or connection to
another public or non-public water supply system.
(b) The
owner shall conduct a feasibility study and submit a study report prepared by a
(1) A discussion of the overall necessity of the
project with respect to the level of contamination requiring remediation and
the ability of the project to provide a long term solution to the problem;
(2) Data
regarding the extent of contamination including the number of properties and
residential units or their equivalents affected;
(3) Data
regarding the number of non-contaminated properties and residential units
potentially benefiting by the project compared with the number affected by the
contamination;
(4) The
estimated reimbursable apportioned share of the construction costs based on the
criteria given under Odb 407.07 and a statement of commitment that the owner
will contribute the non-reimbursable share;
(5) A
discussion of the alternatives considered, a cost-benefit analysis of the
alternatives considered, and the rationale for the selection of the proposed
project; and
(6) A
detailed project cost estimate including the total amount of reimbursement
ultimately sought from the fund.
(c) The
board shall approve the construction of a distribution system extension,
construction of new treatment processes, water supply wells or distribution
systems, replacement of a water supply well, or connection to another public or
non-public water supply system upon determining the following:
(1) The
proposed project conforms to the technical criteria established in Env-Dw 300,
as applicable, and the apportioning criteria of Odb 407.07, if applicable;
(2) New
distribution system storage or pumping capacity is needed for the operation of
a distribution system extension;
(3) The
proposed project costs and hookup fees assessed by another owner are
specifically related to removing contamination, in consideration of system
capacity and total safe yield of water supply wells lost or gained; and
(4) The
proposed project is the most favorable alternative among those considered
pursuant to (b)(5), above.
(d) Reimbursable
costs shall include feasibility study, feasibility study report preparation,
and preliminary design costs, whether or not a project proceeds to
construction.
(e) If
a project proceeds to construction, reimbursable costs shall include the costs
in (d) above, and design, construction, construction oversight, startup, and hookup
fee costs.
Source.
#8491, eff 11-22-05; ss by #9935-A, eff 9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb 407.07 Apportioned Share of Construction Costs
for Public or Non-Public Water Supply System Extensions. Water supply system extension costs reimbursable
under RSA 146-D:6, I shall be determined by multiplying the percentage of
properties serviced that are contaminated by the total project engineering and
construction costs attributable to the installation of the distribution mains
and appurtenances, to which shall be added 100% of the connection costs and the
costs required to abandon the existing water supply for each contaminated
property.
Source. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb 407.08 Construction Financing. If the balance in the oil discharge and
disposal cleanup fund plus projected revenues is not sufficient to pay all
current uncontested reimbursement claims, current obligations of the
department, and estimated future reimbursement claims for known projects, the
board shall require that construction projects approved under Odb 407.06 be
financed through notes or bonds. In such
cases, the fund shall be available for administration costs and for periodic
payments of principle and interest due under the note or bond, subject to the
other limitations of this chapter.
Source. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb 407.09 Reimbursable Corrective Action Costs.
(a) Reimbursable
corrective action costs shall be the usual and customary market rates or costs
for labor, equipment, capital equipment startup, operation, maintenance and
relocation pursuant to (d)(3) below, materials and supplies, goods, services or
task, administration of subcontracted services, fuel and
insurance cost surcharge, inventory holding time, procurement of materials and
supplies, and
markup.
(b) The
costs for the installation or use of capital equipment shall be reimbursable at
the lease rate, or if purchased, at the vendor cost as established
by the firm invoiced cost to the owner.
(c) If
the capital equipment is purchased, the fund shall
retain all rights for any salvage value of the equipment.
(d) When
the project is at or near completion the board, in consultation with the owner
regarding its intentions for the disposition of purchased capital equipment,
shall:
(1) Withhold
from reimbursement an amount equal to the actual or calculated salvage value;
(2) Require
that the actual salvage value be repaid to the fund if the equipment is
repossessed or sold; or
(3) Allow the use of the equipment for corrective
action at another of the owner’s facilities or properties.
Source. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb 407.10 Reimbursement Limitations for Corrective
Action Costs.
(a) Reimbursement
shall not exceed actual invoiced costs paid or incurred less any discounts
received.
(b) The
costs for local, state or federal inspection fees, or charges related to
obtaining access, shall not be reimbursable.
(c) Legal
costs shall not be reimbursable.
(d) An
owner’s administrative, fiduciary management or supervisory costs shall not be
reimbursable.
(e) Interest
charges on unpaid invoices or other obligations shall not be reimbursable.
(f) Civil
penalties or double cost recovery under RSA 146-A or RSA 146-C shall not be
reimbursable.
(g) Costs
associated with the discovery of a discharge shall not be reimbursable.
(h) Costs
paid by insurance shall not be reimbursable.
(i) Costs
in excess of approved budgets shall not be reimbursable.
(j) Reimbursable costs shall be limited
to corrective action work certified as complete by the department, a New
Hampshire licensed professional engineer, or
(k) No
reimbursement shall be approved for any work that does not the meet the
corrective action performance standard.
Source. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
PART Odb
408 REIMBURSEMENT OF THIRD-PARTY DAMAGE
COSTS
Odb 408.01 Owner’s Duties in the Event of Claim or
Suit.
(a) If
a demand for payment of third-party damages is made against an owner who will
seek reimbursement
under RSA 146-D:6, II, the owner shall forward such demand to the board within
30 days of receipt and shall inform the board of any attempts made to settle the
matter before the filing of a writ or petition.
The owner shall undertake any actions necessary to obtain a reasonable
settlement, including initiating demands against other parties who may be
liable to the owner for such damages.
(b) Upon
service of a writ or petition filed in a court of law by a third party the
owner shall provide written notice to the board within 30 days of the
return date.
(c) The
owner shall provide the board with a copy of all documents related to the
third-party action, including those filed with the court, and shall provide
timely notice of scheduled hearings, settlement conferences and other actions
throughout the proceedings.
(d) The
owner shall defend the claim to preserve the right to seek reimbursement for
third-party damages. The owner shall
cooperate fully with the board in all matters relating to defending the claim.
(e) The
owner shall enforce any right to contribution or indemnity against any person
or organization who may be liable to the owner or to the third party claimant
and shall seek to join such person or organization in any suit brought by a
third party against the owner.
(f) The
owner shall submit all proposed settlements to the board before entering an
agreement with the claimant and before seeking approval from the court.
Source. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb 408.02 Board Intervention in Third-Party Action.
(a) The
board shall not be responsible for the defense of the owner but shall have the
right to intervene in the action as a party in interest, and shall have the
right to participate in all settlement discussions related to a threatened or
filed third-party action.
(b) The
owner
shall concur in any motions to intervene filed with the reviewing court by the
board.
Source. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb 408.03 Reimbursement of Third-Party Damages.
(a) The
owner shall be eligible for reimbursement of third-party damages that are not
payable by other insurance, to the extent that the court-ordered judgment or
settlement consists of compensable bodily injury costs or property
damage costs suffered by the claimant.
(b) If
the board determines that a proposed settlement is collusive, is not legally or
factually supportable or does not fairly reflect compensable third party damages,
it shall so notify the owner and shall deny any subsequent request for
reimbursement based upon such settlement.
(c) If
an owner proceeds to seek court approval of a settlement to which the board
objects under paragraph (b), the board shall notify the court of such
objection.
(d) The
board shall deny any request for reimbursement of third-party damages to the
extent that the settlement or judgment meets the criteria for objection under paragraph
(b).
(e) An
owner's legal fees and costs, including contingent fees, punitive awards,
statutory double damages, fines, and costs imposed by the court, shall not be
reimbursable.
(f) All
settlements entered into by an owner shall allocate legal fees costs, and
double damages fines and costs, if any, separately from amounts payable to the
plaintiffs. The owner shall request that the amount awarded for legal fees,
costs, double damages, fines and costs, if any, be identified in any jury or
court award or verdict.
Source. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
Odb 408.04 Reimbursement Limitations for Third-Party
Damages
(a) No
reimbursement shall be made from the fund for third-party damage costs until
the amount of the owner's obligation to pay is finally determined either by
judgment against the owner after trial on the merits or by written agreement
between the owner and the claimant and entered as an order by a court of law.
(b) Reimbursable
third-party damages shall be limited to certain monetary damages as a result of
a court-ordered judgment or court approved settlement entered as an order of
the court. The board shall not be bound
by any obligations imposed upon the owner through settlement or court-approved
judgment for injunctive relief or defense and indemnity of future actions by
third parties against the claimant.
(c) No
reimbursement shall be made from the fund for liability attributable to any
party other than the owner. In all
multi-party cases, all settlements entered into by the owner shall apportion
liability among the pertinent parties.
The owner shall request that the court order apportion liability among
the pertinent parties in any jury or court award or verdict.
(d) Where
an owner's third-party damages are based on a civil judgment, the costs shall
not be reimbursable
if resulting from a default judgment, or a proceeding otherwise not on the
merits or not litigated by the owner to secure a reasonable settlement.
Source. #8491, eff 11-22-05; ss by #9935-A, eff
9-1-11, EXPIRED: 9-1-19
New. #12942, eff 12-15-19
PART
Odb 409 WAIVER OF RULES
Odb 409.01 Requests for Waivers.
(a) With the exception of the Odb 405.01(d) compliance date, an
owner or applicant may request that the board waive the application of the rules
of this chapter pertaining to fund eligibility and reimbursement, unless such
request, if granted, would constitute a waiver of statutory requirements.
(b) Requests
for waivers shall be submitted in writing to the board and include
the following information:
(1) A specific reference to the section of the
rule for which a waiver is being sought;
(2) A full explanation of why a waiver is
necessary;
(3) If applicable, a full explanation of any alternative
procedure, method, or activity that is proposed to be substituted for the
procedure, method or activity required by the rule and for which a waiver is
being sought, with supportive information; and
(4) A full explanation of how the granting of a
waiver would be consistent with the intent of RSA 146-D and this chapter.
(c) The
board shall approve a request for a waiver if it determines that the economic,
technical, safety, or procedural benefits of granting a waiver are greater than
the benefits of not granting the waiver and that proposed alternatives, if any,
are adequate to ensure that the applicable statutory requirements are satisfied.
(d) The
board shall provide written notice of its decision.
Source. #8491, eff 11-22-05; ss by #9935-A, eff 9-1-11,
EXPIRED: 9-1-19
New. #12942, eff 12-15-19
CHAPTER Odb 500 - REPEALED
Source. #4918, eff 8-22-90; ss by #5114, eff 4-16-91;
ss by #5535, eff 12-21-92; rpld by #6543, eff 7-22-97
CHAPTER
Odb 600 RULES FOR REIMBURSEMENT FROM THE
GASOLINE REMEDIATION AND ELIMINATION OF ETHERS FUND UNDER RSA 146-G - REPEALED
Source. #7633, eff 1-29-02; rpld by #8491, eff 11-22-05
APPENDIX
RULE |
STATUTE |
|
|
Odb 101.01 - Odb 105.03 |
RSA 91-A:4, IV, RSA 91-A:5, IV, RSA 541-A: 16, I(a) |
|
|
Odb 201.01 - Odb 201.02; Odb 202.01
|
RSA 146-D:5 |
Odb 202.01; Odb 203.01 - 203.26
|
RSA 541-A:16, I (b); RSA 541-A:30-a., I, VI, & VII; RSA 541-A:31; RSA 541-A:32; RSA 541-A:33; RSA 541-A:34; RSA 541-A:35; RSA 541-A:37 |
Odb 202.01; Odb 204.01 –204.06
|
RSA 541-A:29 |
Odb 202.01; Odb 205.01 – 205.05 |
RSA 541-A:3; RSA 541-A:6; RSA 541-A:11, I-VI |
Odb 202.01;
Odb 206.01 – 206.03 |
RSA 541-A:4,
I; RSA 541-A:11, I-V; RSA 541-A:16, I(c) |
Odb 202.01; Odb 207.01
|
RSA 541-A:11, VII |
Odb 202.01; Odb 208.01 –
208.04
|
RSA 541-A:16, I (d) |
Odb 209.01
|
RSA 146-A:11-b, IV; RSA 541-A:16, I(b); RSA 541-A:38 |
|
|
Odb 401 – Odb 402
|
RSA 146-D:1; RSA 146-D:5, I(a)-(e); RSA 146-D:6, I-VII; RSA 146-D:6, X-XI |
Odb
403.01 – Odb 403.03
|
RSA 146-D:6, I-VII; RSA 146-D:6, X-XI |
Odb 404.01- Odb 404.04 |
RSA 146-D:6, VII |
Odb
405.01
|
RSA 146-D:6, I-VII; RSA 146-D:6, X-XI |
Odb
405.02
|
RSA 146-D:6, VII |
Odb 406.01
|
RSA 146-D:6, II |
Odb
406.02
|
RSA 146-D:6, V-VII |
Odb
406.03-Odb 406.05
|
RSA 146-D:5, I(b)-(c) |
Odb
407.01 - Odb 407.02
|
RSA 146-D:5, I(c)-(d) |
Odb
407.03 - Odb 407.08
|
RSA 146-D:6, I- X |
Odb
407.09 - Odb 407.10
|
RSA 146-D:5, I(b)-(c) |
Odb
408.01 – 408.04
|
RSA 146-D:6, I-XI |
Odb
409.01
|
RSA 146-D:6, I-IV; RSA 146-D:6, VII-VIII |