New Hampshire Revised Statutes 147-F:9 – Application for Participation in Covenant Not to Sue Program
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I. Any person may submit an application to the department for a determination of that person’s eligibility to obtain a covenant not to sue as part of that party’s participation in the program administered under this chapter. The application for eligibility for a covenant not to sue shall be in the form and shall include all information the department requires in accordance with rules adopted under N.H. Rev. Stat. § 147-F:18.
II. A complete application for an eligibility determination for a covenant not to sue shall in substance consist of:
(a) The information required by the department’s application form.
(b) A preliminary environmental assessment of the property, including a legal description of the property, its geologic and hydrologic characteristics, operational history, information about the nature and extent of contamination and its associated risk to human health and the environment, and any other information requested by the department regarding the property.
(c) A description of the proposed redevelopment and future use of the property.
(d) Any information necessary for the department to make a determination of eligibility in accordance with N.H. Rev. Stat. § 147-F:4.
(e) A non-refundable application fee of $750.
(f) A certificate under oath signed by the applicant that provides in substance that:
(1) The applicant and the property are eligible for the program and for a covenant not to sue.
(2) The applicant understands and has complied with the limitations and restrictions relative to the liability protection available under the program.
(3) The information in the application and environmental assessment is accurate and complete to the best of the applicant’s knowledge.
(4) The concurrence of the property owner has been obtained, or the property owner’s implied consent has been obtained by virtue of a mortgage or other written agreement signed by the owner, or, after a diligent search, the current owner or legal representative thereof could not be located.
(5) The applicant understands and acknowledges that the liability protection under this chapter, including a covenant not to sue, shall be forfeited if the applicant decides not to complete an approved remedial action plan and does not complete site stabilization measures pursuant to N.H. Rev. Stat. § 147-F:8; and acknowledges that it may be appropriate accordingly to establish a contingency or escrow fund to cover the costs of site stabilization measures.
III. The applicant shall provide the governing body of the municipality in which the property is located and adjacent property owners with notice of the application when submitted to the department, and shall provide the municipality with a complete copy of the application.
IV. The department shall review the application for completeness within 10 working days of receipt. The department shall promptly notify the applicant in writing if the application is incomplete. If the applicant fails to provide the necessary supplemental information within 30 days of such notification, the department may return the application to the applicant. Any subsequent reapplication shall require an additional application fee.
II. A complete application for an eligibility determination for a covenant not to sue shall in substance consist of:
Terms Used In New Hampshire Revised Statutes 147-F:9
- Contamination: means hazardous waste, hazardous materials (without regard to whether transported in commerce), or oil, as defined in N. See New Hampshire Revised Statutes 147-F:3
- Department: means department of environmental services. See New Hampshire Revised Statutes 147-F:3
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- governing body: shall mean the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners. See New Hampshire Revised Statutes 21:48
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, limited liability company, municipality, commission, and the state or a political subdivision of the state. See New Hampshire Revised Statutes 147-F:3
- Program: means the brownfields program established by this chapter. See New Hampshire Revised Statutes 147-F:3
(a) The information required by the department’s application form.
(b) A preliminary environmental assessment of the property, including a legal description of the property, its geologic and hydrologic characteristics, operational history, information about the nature and extent of contamination and its associated risk to human health and the environment, and any other information requested by the department regarding the property.
(c) A description of the proposed redevelopment and future use of the property.
(d) Any information necessary for the department to make a determination of eligibility in accordance with N.H. Rev. Stat. § 147-F:4.
(e) A non-refundable application fee of $750.
(f) A certificate under oath signed by the applicant that provides in substance that:
(1) The applicant and the property are eligible for the program and for a covenant not to sue.
(2) The applicant understands and has complied with the limitations and restrictions relative to the liability protection available under the program.
(3) The information in the application and environmental assessment is accurate and complete to the best of the applicant’s knowledge.
(4) The concurrence of the property owner has been obtained, or the property owner’s implied consent has been obtained by virtue of a mortgage or other written agreement signed by the owner, or, after a diligent search, the current owner or legal representative thereof could not be located.
(5) The applicant understands and acknowledges that the liability protection under this chapter, including a covenant not to sue, shall be forfeited if the applicant decides not to complete an approved remedial action plan and does not complete site stabilization measures pursuant to N.H. Rev. Stat. § 147-F:8; and acknowledges that it may be appropriate accordingly to establish a contingency or escrow fund to cover the costs of site stabilization measures.
III. The applicant shall provide the governing body of the municipality in which the property is located and adjacent property owners with notice of the application when submitted to the department, and shall provide the municipality with a complete copy of the application.
IV. The department shall review the application for completeness within 10 working days of receipt. The department shall promptly notify the applicant in writing if the application is incomplete. If the applicant fails to provide the necessary supplemental information within 30 days of such notification, the department may return the application to the applicant. Any subsequent reapplication shall require an additional application fee.