New Hampshire Revised Statutes 146-C:11 – Liability for Cleanup Costs; Municipal Regulations
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I. 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:
(a) Containment of the discharged oil;
(b) Cleanup and restoration of the site and surrounding environment, and corrective or remedial measures as defined under N.H. Rev. Stat. § 146-A:11-a, III(a) and (b); and
(c) Removal of the oil.
I-a. The owner or operator of a facility shall immediately inform the department of any discharge or disposal in violation of this chapter. Such person shall take immediate action to mitigate damages from such discharge consistent with any applicable rules of the department. If the owner is not the operator of the facility, the operator shall immediately inform the owner of any discharge or disposal in violation of this chapter.
II. Nothing in this chapter shall be construed to prevent the party strictly liable from instituting a legal action against any party responsible for causing the spillage for costs incurred by the strictly liable party in complying with this chapter.
III. Nothing in this chapter shall be construed to pre-empt local zoning or other regulations, properly enacted under other statutes, which reasonably regulate the location of underground storage facilities.
IV. The department shall immediately notify the governing body of a municipality of any leaking underground storage tanks either within the municipality or near the local water supply.
V. [Repealed.]
VI. There shall be no implied cause of action for third party damages against any person under this section to the extent that the person’s liability under this section is based solely on the person’s ownership of a facility.
(a) Containment of the discharged oil;
Terms Used In New Hampshire Revised Statutes 146-C:11
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) Cleanup and restoration of the site and surrounding environment, and corrective or remedial measures as defined under N.H. Rev. Stat. § 146-A:11-a, III(a) and (b); and
(c) Removal of the oil.
I-a. The owner or operator of a facility shall immediately inform the department of any discharge or disposal in violation of this chapter. Such person shall take immediate action to mitigate damages from such discharge consistent with any applicable rules of the department. If the owner is not the operator of the facility, the operator shall immediately inform the owner of any discharge or disposal in violation of this chapter.
II. Nothing in this chapter shall be construed to prevent the party strictly liable from instituting a legal action against any party responsible for causing the spillage for costs incurred by the strictly liable party in complying with this chapter.
III. Nothing in this chapter shall be construed to pre-empt local zoning or other regulations, properly enacted under other statutes, which reasonably regulate the location of underground storage facilities.
IV. The department shall immediately notify the governing body of a municipality of any leaking underground storage tanks either within the municipality or near the local water supply.
V. [Repealed.]
VI. There shall be no implied cause of action for third party damages against any person under this section to the extent that the person’s liability under this section is based solely on the person’s ownership of a facility.