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APPENDIX G-2: New Hampshire Revised Statutes; Annotated Titles 10,11: Public Health to Hospitals and Sanitaria, Chapters 125 to 152, 1992, Cumulative Supplement (For Use Until Publication of 1993 Cumulative Supplement) OSWER Directive 9650.15 Procedures And Requirements For Codification Of Approved state UST Programs September 1994

APPENDIX G-2

SAMPLE INCORPORATION BY REFERENCE BINDERS
(NEW HAMPSHIRE)

NEW HAMPSHIRE REVISED STATUTES; ANNOTATED TITLES 10,11: Public Health to Hospitals and Sanitaria, Chapters 125 to 152, 1992, Cumulative Supplement (For Use Until Publication of 1993 Cumulative Supplement)


OSWER Directive 9650.15

NEW HAMPSHIRE REVISED STATUTES ANNOTATED

TITLES 10, 11 PUBLIC HEALTH TO

HOSPITALS AND SANITARIA Chapters 125 to 152
1992

CUMULATIVE SUPPLEMENT

For Use Until Publication of 1993 Cumulative Supplement

Cite Supplement as RSA, with chapter and section,
followed by (supp), thus:
RSA 21:3 (supp)


OSWER Directive 9650.15

CHAPTER 146-C

UNDERGROUND STORAGE FACILITIES

[New Sections]
146-C:13 Penalty; Persons Strictly Liable. CROSS REFERENCES

Groundwater Protection Act, see RSA 485-C.

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OSWER Directive 9650.15

146-C:1 Definitions. In this chapter:
  1. [No change in paragraph I.]
    I-a. "Council" means the water supply and pollution control council established under RSA 21-O:7. [Added 1991, 92:22, eff. May 13, 1991.]
  2. "Discharge" means the release or addition of any oil or hazardous substance to land, groundwater or surface water. [Amended 1990, 208:1. 1991, 92:23, eff, May 13, 1991.]
  3. "Disposal" means deposit, discharge, injection, dumping, spilling, leaking, leaching, or placing of oil or hazardous substance into or on any land, groundwater or surface water. [Amended 1990, 208:1, eff. June 26, 1990.]
  4. [No change in paragraph IV.]
  5. "Facility" means an assemblage of tanks, pipes, pumps, vaults, fixed containers, and appurtenant structures, singly or in any combination, which are used or designed to be used for the storage, transmission, or dispensing of oil or a hazardous substance, and which are within the size, capacity, and other specifications prescribed by rules adopted by the division pursuant to RSA 146-C:9, VI. {Amended 1990, 208:2. 1991, 92:25, eff. May 13, 1991.]
  6. "Failure" means a condition which may or does allow the uncontrolled passage of oil or a hazardous substance into or out of a facility, and includes, but is not limited to, a discharge to the groundwater or surface water of the state without a permit issued pursuant to FSA 146-C:4. [Amended 1990, 208:2. 1991, 92:24, eff. May 13, 1991.]
  7. "Groundwater" means subsurface water that occurs beneath the water table in soils and geologic formations. [Amended 1991, 92:26, eff. May 13, 1991.]

    VII-a. "Hazardous substance" means material defined as a regulated substance under 42 U.S.C. 6991(2)(A) in addition to any material designated as a hazardous substance pursuant to RSA 146-C:9, VI-a. [Added 1990, 208:3, eff. June 26, 1990.]

  8. [No change in paragraph VIII.]
  9. [Repealed 1990, 208:14, eff. June 26, 1990.]
  10. [No change in paragraph X.]
  11. "Nonresidential," when referring to a facility, means a facility which serves any commercial industrial, institutional, municipal, public, or other building, including, but not limited to, service stations, hotels, and motels, hospitals, nursing homes, and correctional institutions, but not including residential buildings. [Amended 1991, 92:27, eff. May 13, 1991.]
  12. "Oil" means "oil" as defined in RSA 146-A:2. [Amended 1991, 92:28, eff. May 13, 1991.]
  13. [No change in paragraph XIII.]
  14. "Owner" means the person in possession of or having legal ownership of a facility. In additional, for facilities no longer in use, "owner" includes the person having had legal ownership of such facility immediately prior to discontinuance of its use. [Amended 1991, 92:29, eff. May 13, 1991.]
[No changes in paragraphs XIV-a-XVIII.]

HISTORY

Source. 1986, 182:1. 1988, 249:1-3. 1990, 208:1-3, 14. 1991, 92:22-29, eff. May 13, 1991.
Amendments-1990. Paragraph II: Substituted "oil or hazardous substance" for "liquid" preceding "to land".
Paragraph III: Inserted "or hazardous substance" following "oil"
Paragraph V: Substituted "a hazardous substance" for "petroleum liquids" following "oil or".
Paragraph VI: Substituted "oil or a hazardous substance" for "liquid" following "passage of".
Paragraph VII-a: Added.
Paragraph IX: Repealed.
-1991. Paragraph I-a: Added.
Paragraph II: Substituted "groundwater or surface water" for groundwaters or surface waters".
Paragraph V: Substituted "an assemblage" for "a system" preceding "of tanks'.
Paragraph VI: Substituted "groundwater or surface water" for "waters" preceding "of the state."
Paragraph VII: Amended generally.
Paragraph XI: Deleted "non-commercial" preceding "residential buildings".
Paragraph XII: Amended generally.
Paragraph XIV: Deleted "on November 8, 1984" following "in use" in the second sentence.

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OSWER Directive 9650.15

146-C:2 Discharges Prohibited. No owner or operator or other person responsible for the operation of a facility shall discharge or dispose of any oil or hazardous substance as defined in this chapter from any facility into or onto any land, groundwater, or surface water of the state.

HISTORY

Source. 1986, 182:1. 1988, 249:4. 1990, 208:4. 1991, 92:30, eff. May 13, 1991.
Amendments-1990. Inserted "or hazardous substance" following "oil".
-1991. Inserted "or other person responsible for the operation of a facility" following "operator" and "any" preceding "land" and substituted "groundwater, or surface water" for "groundwaters, or surface waters" thereafter.

ANNOTATIONS

Cited -- Cited in Mesiti v. Microdot, Inc. 783 F. Supp. 57(D.N.H. 1990).

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OSWER Directive 9650.15

146-C:3 Registration of Underground Storage Facilities.
  1. The owner of each existing underground storage facility shall register the facility with the division on forms provided by the division and shall provide the following information:
    [No changes in subparagraphs (a)-(c).]
    (d) Tank information: the size, age, type of tank material, location (on-site), and product stored. [Amended 1990, 208:5, eff. June 26, 1990.]
    [No change in subparagraph (e).]
  2. The owner of each existing underground storage facility shall register the facility with the division on forms provided by the division, and shall provide the following information to the extent that it may reasonably be available to the owner:
    [No changes in subparagraphs (a)-(d).]
    (e) Description and date of past discharges or disposal, remedial actions, ground and surface water monitoring results, and closure plans.
    [Amended 1990, 208:6 eff. June 26, 1990.]
    [No changes in subparagraphs (f) and (g).]
  3. [No change in paragraph III.]
  4. The registration required under this section shall be maintained for the life of the facility. A registration need not be maintained if the division has received written notice that the registered underground storage facility has been closed by approved procedures according to rules adopted pursuant to RSA 146-C:9, II(i). Any notice of closure shall include the date of such closure. [Amended 1991, 92:31, eff. May 13, 1991.]
  5. [No change in paragraph V.]

HISTORY

Source. 1986, 182:1. 1988, 249:5, 6. 1990, 208:5, 6. 1991, 92:31, eff. May 13, 1991.
Amendments-1990. Deleted "oil" preceding "product" in par. I(d) and deleted "of petroleum based products" following "disposal" in par. II(e).
-1991. Paragraph IV: Substituted "maintained for the life of the facility" for "renewed every 5 years" following "shall be" in the first sentence and "maintained" for "renewed" following "need not be" in the second sentence.

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OSWER Directive 9650.15

146-C:4 Underground Storage Facility Permit Required.
  1. No person shall own or operate an underground storage facility in this state without a permit issued by the division. The permit to operate may be revoked for just cause, including, but not limited to, the operation or ownership of an underground storage facility in violation of the division's rules. To revoke a permit, the division shall issue a show cause order to an owner or operator in violation of this chapter, or rules adopted under this chapter, but said show cause order shall not take effect until the owner or operator has had an opportunity to be heard by the council, provided such request is made within 20 days of the issuance of the show cause order. Appeal of an order revoking a permit to operate shall be governed by RSA 21-O:7, IV. Any appeal brought pursuant to RSA 541 shall not stay an order by the council which revokes a permit. [Amended 1991, 92:32, eff. May 13, 1991.]
  2. The division shall issue or deny a permit to all facilities registered under RSA 146-C:3 within 90 days of the receipt of the complete registration information. A permit issued under this section shall be displayed on the premises of the underground storage facility at all times. Permits shall be valid for a period of 5 years, except as provided in paragraph III. [Amended 1990, 3:73, eff. Feb 20, 1990.]
  3. A permit fee of $70 per year shall be paid to the division by the owner or operator of each permitted facility, except for facilities owned by state and local governments, including counties, and school districts, in the manner described below. All fees shall be deposited with the state treasurer as unrestricted revenue. Permit fees shall be calculated as follows:
    1. Facilities with existing permits in Hillsborough county shall have a permit expiration date of April 30, 1991. A fee of $70 for 1990 shall be paid to the division on or before September 30, 1990.
    2. Facilities with existing permits in Merrimack and Belknap counties shall have a permit expiration date of April 30, 1992. A fee of $140 for 1990 and 1991 shall be paid to the division on or before April 30, 1991.
    3. Facilities with existing permits in Rockingham county shall have a permit expiration date of April 30, 1993. A fee of $210 for 1990-1992 shall be paid to the division on or before September 30, 1991.
    4. Facilities with existing permits in Coos, Carroll, and Grafton counties shall have a permit expiration date of April 30, 1994. A fee of $280 for 1990-1993 shall be paid to the division on or before April 30, 1992.
    5. Facilities with existing permits in Cheshire, Sullivan, and Strafford counties shall have a permit expiration date of September 30, 1995. A fee of $350 for 1990-1994 shall be paid to the division on or before September 30, 1993.
    6. For new facilities, the permit shall expire 5 years from the last day of the month in which the permit was issued. A fee of $350 shall be paid upon submission of the permit application. If for any reason the permit is denied, the fee shall be returned or refunded.
    7. The fee for permit renewals shall be the same as the fee for new permits. [Added 1990, 3:73, eff. Feb. 20, 1990.]

HISTORY

Source. 1986, 182:1. 1990, 3:73. 1991, 92:32, eff. May 13, 1991.
Amendments-1990. Paragraph II: Added "except as provided in paragraph III" at the end of the third sentence.
Paragraph III: Added.
-1991. Paragraph I: Rewrote the second sentence and added the third, fourth and fifth sentences.

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OSWER Directive 9650.15

146-C:5 Records Required; Inspections.
  1. [No change in paragraph I.]
  2. For the purpose of developing or assisting in the development of any rule, conducting any study or investigation, instituting any corrective or remedial measures, or enforcing the provisions of this chapter, any owner or operator of a facility subject to regulation under this chapter shall, upon request of any employee or authorized representative of the division, furnish information relating to such facility or its contents, conduct monitoring or testing, permit such employee or authorized representative at all reasonable times to have access to and to copy all records relating to such facility, and permit such employee or authorized representative to have access to the facility for corrective or remedial measures. [Amended 1991, 92:33, eff. May 13, 1991.]
  3. For the purpose of developing or assisting in the development of any rule, conducting any study or investigation, instituting corrective or remedial measures, or enforcing the provisions of this chapter, division employees or authorized representatives may, upon the presentation of appropriate credentials: [Amended 1991, 92:34, eff. May 13, 1991.]
    (No changes in subparagraphs (a)-(c).]
    (d) Institute corrective or remedial measures. [Amended 1991, 92:35, eff. May 13, 1991.]

HISTORY

Source. 1986, 182:1. 1988, 249:7, 8. 1991, 92:33-35, eff. May 13, 1991.
Amendments-1991. Paragraph II: Inserted "or investigation" preceding "instituting any corrective" and "or remedial" preceding "measures" in two places.
Paragraph III: Inserted "or investigation" preceding "instituting corrective" and "or remedial" thereafter in the introductory paragraph, and inserted "or remedial" in subpar. (d).

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OSWER Directive 9650.15

146-C:6 Transfer of Ownership. Prior to the transfer of ownership of an underground storage facility, the transferor shall notify the transferee of the transferor's compliance with the rules of the division under this chapter. When a transfer of ownership takes place, the new owner shall notify the division of the transfer and shall assume the permit issued to the previous owner.

HISTORY

Source. 1986, 182:1. 1991, 92:36, eff. May 13, 1991.
Amendment-1991. Substituted "under this chapter" for "relative to tank testing and replacement" following "division" in the first sentence.

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OSWER Directive 9650.15

146-C:7 New Facilities.
  1. [No change in paragraph I.]

    I-a. Any person, except state and local governments, including counties, and school districts, submitting plans and specifications for a new facility shall pay to the division a fee of $100. Such fee shall be for reviewing such plans and specifications and for making inspections during installation. The fees shall be deposited with the state treasurer as unrestricted revenues. [Added 1990, 3:74, eff. Feb 20, 1990.]

  2. An owner shall not cause or allow any construction or other activity which is not in accordance with the approved plans and all terms and conditions of the division's approval of those plans. [Amended 1991, 92:37, eff. May 13, 1991.]
  3. [No change in paragraph III.]

HISTORY

Source. 1986, 182:1, 1988, 249:10. 1990, 3:74. 1991, 92:37, eff. May 13, 1991.
Amendments-1990. Paragraph I-a: Added.
-1991. Paragraph II: Substituted "construction or other activity" for "act" following "allow any".

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OSWER Directive 9650.15

146-C:8 Prohibition Against Reusing Tanks. Tanks which are removed and do not meet the standards for new tanks shall not be reinstalled for the purpose of oil or hazardous substance storage. If a tank meets the standards, it may be reinstalled for oil or hazardous substance storage if after thorough cleaning and inspection, internally and externally, it is found to be structurally sound and free of pinholes, cracks, structural damage, or excessive corrosion. Such tanks shall be reinstalled in accordance with requirements of this chapter. A tank once used for oil or hazardous substance shall not be reused for a food product. If a tank is to be disposed of as junk, it must be retested for oil or hazardous substance vapors, rendered vapor free if necessary, and punched with holes to make it unfit for further use.

HISTORY

Source. 1986, 182:1. 1990, 208:7, eff. June 26, 1990.
Amendments-1990. Substituted "oil or hazardous substance" for "petroleum" preceding "storage" in the first and second sentences, preceding "shall" in the third sentence and preceding "vapors" in the fourth sentence.

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OSWER Directive 9650.15

146-C:9 Rulemaking. The division shall adopt rules, under RSA 541-A, relative to: [No changes in paragraphs I-III.]
  1. Procedures for conducting inspections or investigations, as authorized by RSA 146-C:5, II. [Amended 1991, 92:38, eff. May 13, 1991.]
  2. [No changes in paragraph V.]
  3. [No changes in paragraph VI.]
    VI-a. Criteria for determining whether any material is a hazardous substance as defined in this chapter and procedures for such designation. [Added 1990, 208:8, eff. June 26, 1990.]
  4. [No changes in paragraph VII.]
  5. [No changes in paragraph VIII.]
  6. Procedures for collection of fees under RSA 146-C:4, III. [Added 1990, 3:75, eff. Feb. 20, 1990.]
  7. Procedures and criteria for mitigation and prevention of damage due to a discharge from an underground storage facility. [Added 1991, 92:39, eff. May 13, 1991.]
  8. Procedures and criteria for responding to and reporting a discharge from an underground storage facility. [Added 1991, 92:39, eff. May 13, 1991.]
  9. Procedures for conducting tank testing, including qualifications of persons conducting tank testing. [Added 1991, 92:39, eff. May 13, 1991.]

HISTORY

Source. 1986, 182:1. 1988, 249:11. 1990, 3:75; 208:8. 1991, 92:38, 39, eff. May 13, 1991.
Amendments--1990. Paragraph VI-a: Added by ch. 208.
Paragraph IX: Added by ch.3.
--1991. Inserted "or investigations" following "inspections" in par. IV and added pars. X-XII.

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OSWER Directive 9650.15

146-C:11 Liability for Cleanup Costs; Municipal Regulations.
  1. Any person who, without regard to fault, directly or indirectly causes or suffers the discharge or disposal of oil or a hazardous substance into or onto any surface water or groundwater of this state, or in a land area where it has seeped or may or will ultimately seep into any surface water or groundwater of the state in violation of this chapter, or rules adopted under this chapter, shall be strictly liable for costs directly or indirectly resulting from the violation relating to: [Amended 1990, 208:10. 1991, 92:43, eff. May 13, 1991.]
    [No change in subparagraph (a).]
    (b) Cleanup and restoration of the site and surrounding environment and corrective or remedial measures as defined under RSA 146-A:11-a, III(a) and (b); and [Amedned 1991, 92:43, eff. May 13, 1991.]
    [No change in subparagraph (c).]
    [No changes in paragraphs I-a--V.]

HISTORY

Source. 1986. 182:1 1987, 377:4,6. 1988, 249:14, 15; 271:9, VII. 1990, 208:10. 1991, 92:43, eff. May 13, 1991.
Amendments--1990. Paragraph I: Inserted "or a hazardous substance" following "disposal of oil" and substituted "it" for "oil" preceding "has seeped".
--1991. Paragraph I: Deleted "owner or operator or other" preceding "person who", and inserted "without regard to fault" thereafter and "water" following "surface" in two places in the introductory paragraph and inserted "or remedial" following "corrective" in subpar. (b).

CROSS REFERENCES

Double recovery allowed, see RSA 146-C:13.

XII Procedures for conducting tank testing, including qualifications of persons conducting tank testing. [Added 1991, 92:39, eff. May 13, 1991.]

HISTORY

Source. 1986, 182:1. 1988, 249:11. 1990, 3:75; 208:8. 1991, 92:38, eff. May 13, 1991.
Amendments--1990. Paragraph VI-a: Added by ch. 208.
Paragraph IX: Added by ch. 3.
--1991. Paragraph I: Inserted "or investigations" following "inspections" in par. IV and added pars. X-XII.

[ Directive 9650.15 ]

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