New Hampshire Revised Statutes 147-B:9 – Exemptions
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The following shall not be subject to the fees established in N.H. Rev. Stat. § 147-B:8:
I. Sludge from publicly owned treatment works located in the state, as defined in rules adopted by the commissioner;
II. Bottom boiler ash and flyash from incinerators which process solely municipal waste, as defined in rules adopted by the commissioner;
III. Hazardous wastes which are recycled and exempt from the fee under N.H. Rev. Stat. § 147-B:8, II; and
IV. Wastes resulting from the remediation of environmentally contaminated properties by persons who meet one of the following eligibility criteria:
(a) The person is not liable under N.H. Rev. Stat. Chapter 147-B for any release or threatened release of a contaminant or contaminants at the property and is either:
(1) A prospective purchaser of environmentally contaminated property, or
(2) A person who holds a mortgage interest or other security interest in environmentally contaminated property, including a municipality with respect to property on which there are overdue real estate taxes due to the municipality.
(b) The person is a current owner of environmentally contaminated property, whose liability under N.H. Rev. Stat. Chapter 147-B is based solely on the person’s status as owner, who did not generate the hazardous waste which constitutes the contamination on the property, and who has not operated, managed, or controlled, either directly or indirectly, the hazardous waste facility on the property.
V. Soil that is a hazardous waste due to lead contamination resulting from the use of the area as a shooting range, provided that clean-up is initiated and completed by the owner in accordance with all applicable laws and department requirements.
VI. Household hazardous waste.
I. Sludge from publicly owned treatment works located in the state, as defined in rules adopted by the commissioner;
Terms Used In New Hampshire Revised Statutes 147-B:9
- 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
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
- 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
II. Bottom boiler ash and flyash from incinerators which process solely municipal waste, as defined in rules adopted by the commissioner;
III. Hazardous wastes which are recycled and exempt from the fee under N.H. Rev. Stat. § 147-B:8, II; and
IV. Wastes resulting from the remediation of environmentally contaminated properties by persons who meet one of the following eligibility criteria:
(a) The person is not liable under N.H. Rev. Stat. Chapter 147-B for any release or threatened release of a contaminant or contaminants at the property and is either:
(1) A prospective purchaser of environmentally contaminated property, or
(2) A person who holds a mortgage interest or other security interest in environmentally contaminated property, including a municipality with respect to property on which there are overdue real estate taxes due to the municipality.
(b) The person is a current owner of environmentally contaminated property, whose liability under N.H. Rev. Stat. Chapter 147-B is based solely on the person’s status as owner, who did not generate the hazardous waste which constitutes the contamination on the property, and who has not operated, managed, or controlled, either directly or indirectly, the hazardous waste facility on the property.
V. Soil that is a hazardous waste due to lead contamination resulting from the use of the area as a shooting range, provided that clean-up is initiated and completed by the owner in accordance with all applicable laws and department requirements.
VI. Household hazardous waste.