New Hampshire Revised Statutes 146-C:11-a – Limited Liability for Holders
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I. A holder who has not assumed ownership of a facility or facility site by the act of taking title by foreclosure or by other similar means and who has not assumed responsibility for the care, custody or control of a facility or facility site shall not be considered an owner or operator under this chapter and shall not be liable under N.H. Rev. Stat. § 146-C:11.
II. (a) A holder who has assumed ownership of a facility or facility site by the mere act of taking title by foreclosure or other similar means or who has assumed responsibility for the care, custody or control of a facility or facility site shall be liable under N.H. Rev. Stat. § 146-C:11 unless the holder fulfills the following conditions in which case its liability shall be limited in accordance with subparagraph (b):
(1) The holder notifies the department of the facility if the holder knows or has reason to know of its existence and the facility is not registered;
(2) The holder reports to the department any known or suspected discharge or disposal of oil or hazardous substance from the facility;
(3) The holder assesses the facility’s compliance with department of environmental services rules adopted under the authority of N.H. Rev. Stat. Chapter 146-C and provides the department with the results of the assessment;
(4) The holder undertakes emergency response measures to stop an ongoing discharge or disposal of oil or hazardous substance, prevent further disposal, and address any imminent health hazard created by the disposal;
(5) The holder secures the facility or site as necessary to prevent exposure to oil or hazardous substances by fencing or otherwise limiting access;
(6) The holder conducts all actions required under this subparagraph and all other cleanup actions or corrective measures, including those voluntarily assumed, in accordance with the department of environmental service’s rules; and
(7) The holder provides the department, its employees and authorized representatives with access to the facility or site for inspection, testing, containment, removal and cleanup activity and any other purposes authorized under this chapter.
(b) A holder who has complied with the conditions of subparagraph (a) shall not be considered an owner or operator under this chapter and shall not be liable under N.H. Rev. Stat. § 146-C:11 unless such holder or its employees cause any disposal of oil or hazardous substance, in which case the holder shall be liable for the lesser of:
(1) Actual damages caused by the holder or its employees;
(2) The value of the secured property as determined by a method acceptable to both the state and the holder, until otherwise specified by rules of the department of environmental services; or
(3) The amount of the outstanding indebtedness secured by the facility or site.
III. A holder that assumes primary responsibility for the business operations of a facility or facility site shall be deemed an operator under this chapter. Such holder shall not be strictly liable under N.H. Rev. Stat. § 146-C:11 for discharges or disposals commencing before the holder first conducts or manages the business operations of the facility if the holder has fulfilled the conditions of subparagraph II(a).
IV. Nothing in this section shall preclude or limit claims under N.H. Rev. Stat. § 146-C:11 against non-employee agents or independent contractors retained by a holder.
V. Nothing in this section shall preclude or limit claims for costs under N.H. Rev. Stat. § 146-C:11 against a holder whose negligent acts or omissions or intentional misconduct has caused the discharge or disposal of oil or hazardous substances. A holder as described in paragraph I or a holder who fulfills the conditions of subparagraph II(a) shall not be attributed with the negligence or intentional misconduct of non-employee agents or independent contractors so long as such holder has conducted itself without fault with regard to its relationship with such non-employee agents or independent contractors.
II. (a) A holder who has assumed ownership of a facility or facility site by the mere act of taking title by foreclosure or other similar means or who has assumed responsibility for the care, custody or control of a facility or facility site shall be liable under N.H. Rev. Stat. § 146-C:11 unless the holder fulfills the following conditions in which case its liability shall be limited in accordance with subparagraph (b):
Terms Used In New Hampshire Revised Statutes 146-C:11-a
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- 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
(1) The holder notifies the department of the facility if the holder knows or has reason to know of its existence and the facility is not registered;
(2) The holder reports to the department any known or suspected discharge or disposal of oil or hazardous substance from the facility;
(3) The holder assesses the facility’s compliance with department of environmental services rules adopted under the authority of N.H. Rev. Stat. Chapter 146-C and provides the department with the results of the assessment;
(4) The holder undertakes emergency response measures to stop an ongoing discharge or disposal of oil or hazardous substance, prevent further disposal, and address any imminent health hazard created by the disposal;
(5) The holder secures the facility or site as necessary to prevent exposure to oil or hazardous substances by fencing or otherwise limiting access;
(6) The holder conducts all actions required under this subparagraph and all other cleanup actions or corrective measures, including those voluntarily assumed, in accordance with the department of environmental service’s rules; and
(7) The holder provides the department, its employees and authorized representatives with access to the facility or site for inspection, testing, containment, removal and cleanup activity and any other purposes authorized under this chapter.
(b) A holder who has complied with the conditions of subparagraph (a) shall not be considered an owner or operator under this chapter and shall not be liable under N.H. Rev. Stat. § 146-C:11 unless such holder or its employees cause any disposal of oil or hazardous substance, in which case the holder shall be liable for the lesser of:
(1) Actual damages caused by the holder or its employees;
(2) The value of the secured property as determined by a method acceptable to both the state and the holder, until otherwise specified by rules of the department of environmental services; or
(3) The amount of the outstanding indebtedness secured by the facility or site.
III. A holder that assumes primary responsibility for the business operations of a facility or facility site shall be deemed an operator under this chapter. Such holder shall not be strictly liable under N.H. Rev. Stat. § 146-C:11 for discharges or disposals commencing before the holder first conducts or manages the business operations of the facility if the holder has fulfilled the conditions of subparagraph II(a).
IV. Nothing in this section shall preclude or limit claims under N.H. Rev. Stat. § 146-C:11 against non-employee agents or independent contractors retained by a holder.
V. Nothing in this section shall preclude or limit claims for costs under N.H. Rev. Stat. § 146-C:11 against a holder whose negligent acts or omissions or intentional misconduct has caused the discharge or disposal of oil or hazardous substances. A holder as described in paragraph I or a holder who fulfills the conditions of subparagraph II(a) shall not be attributed with the negligence or intentional misconduct of non-employee agents or independent contractors so long as such holder has conducted itself without fault with regard to its relationship with such non-employee agents or independent contractors.