New Hampshire Revised Statutes 147-F:12 – Approval of Remedial Action Plan
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I. Upon receipt of a remedial action plan, the department shall provide public notice of the proposed remedial action. The notice shall provide a date for a public information meeting where there is significant environmental impact.
II. An approved remedial action plan shall provide for all removal, remedial, monitoring and other activities required to protect human health and the environment and to meet all applicable cleanup standards. The department’s approval shall include a designation of the activities that must be completed before a certificate of completion will be issued in accordance with N.H. Rev. Stat. § 147-F:13, III.
III. The department may accept alternative risk-based cleanup standards based upon risk assessments developed pursuant to N.H. Rev. Stat. § 147-F:11, VII(e).
IV. The department may approve a remedial action plan for all, or a portion of, contamination at the property. The department shall impose such conditions on the redevelopment and use of the property as it finds necessary or proper to assure that the contamination on the site does not pose an unacceptable risk to human health and the environment during and after completion of the remedial action plan.
V. Upon approval of a remedial action plan:
(a) The department shall issue to the program participant a notice of approved remedial action plan that identifies the property, provides a general description of the contamination and summarizes the main components of the remedial action plan, including all specific restrictions on future use of the property.
(b) The department of justice shall issue a covenant not to sue to a program participant determined to be an eligible person pursuant to N.H. Rev. Stat. § 147-F:4. The covenant not to sue shall be in a form and subject to the conditions set forth in N.H. Rev. Stat. § 147-F:6.
VI. The program participant shall immediately record the notice of approved remedial action plan in the registry of deeds for the county in which the property is located.
II. An approved remedial action plan shall provide for all removal, remedial, monitoring and other activities required to protect human health and the environment and to meet all applicable cleanup standards. The department’s approval shall include a designation of the activities that must be completed before a certificate of completion will be issued in accordance with N.H. Rev. Stat. § 147-F:13, III.
Terms Used In New Hampshire Revised Statutes 147-F:12
- 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
- Eligible person: means a person who meets the criteria under N. See New Hampshire Revised Statutes 147-F:3
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- Program: means the brownfields program established by this chapter. See New Hampshire Revised Statutes 147-F:3
- Program participant: means any person, whether or not eligible for the liability protections created by this chapter, who is approved by the department to use the remedial process prescribed by this chapter. See New Hampshire Revised Statutes 147-F:3
III. The department may accept alternative risk-based cleanup standards based upon risk assessments developed pursuant to N.H. Rev. Stat. § 147-F:11, VII(e).
IV. The department may approve a remedial action plan for all, or a portion of, contamination at the property. The department shall impose such conditions on the redevelopment and use of the property as it finds necessary or proper to assure that the contamination on the site does not pose an unacceptable risk to human health and the environment during and after completion of the remedial action plan.
V. Upon approval of a remedial action plan:
(a) The department shall issue to the program participant a notice of approved remedial action plan that identifies the property, provides a general description of the contamination and summarizes the main components of the remedial action plan, including all specific restrictions on future use of the property.
(b) The department of justice shall issue a covenant not to sue to a program participant determined to be an eligible person pursuant to N.H. Rev. Stat. § 147-F:4. The covenant not to sue shall be in a form and subject to the conditions set forth in N.H. Rev. Stat. § 147-F:6.
VI. The program participant shall immediately record the notice of approved remedial action plan in the registry of deeds for the county in which the property is located.