New Hampshire Revised Statutes 147-F:13 – Performance and Completion of Remedial Action
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I. The program participant shall perform all activities required by the approved remedial action plan and shall provide the department with regular progress reports regarding the work.
II. The department may require amendment of the remedial action plan at any time during its performance as necessary to attain the cleanup levels established in the remedial action plan in light of the approved risk assessments.
III. Upon completion of the activities specified in the approved remedial action plan, a program participant shall file with the department a completion report in form and content satisfactory to the department. Once the department determines that the required activities have been completed according to the requirements of the approved remedial action plan, that monitoring requirements are being met, that any necessary use restrictions have been implemented, and that all fees and costs due under this chapter have been paid, the department shall issue to the program participant a certificate of completion, which shall certify that the work is completed and shall include a description of any use restrictions, monitoring requirements and any other conditions that remain in effect with respect to the property.
IV. Upon receipt of a notice of a certificate of completion, a program participant shall file the document with the related covenant not to sue in the registry of deeds for the county in which the property is located.
V. If at any time the department determines, including upon petition or request by a program participant, that no further investigation, remediation, or other activities are required, the department shall issue a certificate of no further action in a form suitable for recordation, which shall so state, and which shall include a description of any remaining required use restrictions or monitoring requirements, or a statement that there are no remaining use restrictions or monitoring requirements.
VI. Upon a determination by the department, in consultation with the department of health and human services where appropriate, that property use restrictions may be terminated or shall otherwise be modified pursuant to N.H. Rev. Stat. § 147-F:15, the department shall issue to the program participant, in a form suitable for recordation, a notice of such determination. The department shall ensure that all such notices are recorded promptly in the registry of deeds for the county in which the property is located, either by undertaking the recordation itself, or by requiring the program participant to do so.
II. The department may require amendment of the remedial action plan at any time during its performance as necessary to attain the cleanup levels established in the remedial action plan in light of the approved risk assessments.
Terms Used In New Hampshire Revised Statutes 147-F:13
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Department: means department of environmental services. See New Hampshire Revised Statutes 147-F:3
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- 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
- 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
III. Upon completion of the activities specified in the approved remedial action plan, a program participant shall file with the department a completion report in form and content satisfactory to the department. Once the department determines that the required activities have been completed according to the requirements of the approved remedial action plan, that monitoring requirements are being met, that any necessary use restrictions have been implemented, and that all fees and costs due under this chapter have been paid, the department shall issue to the program participant a certificate of completion, which shall certify that the work is completed and shall include a description of any use restrictions, monitoring requirements and any other conditions that remain in effect with respect to the property.
IV. Upon receipt of a notice of a certificate of completion, a program participant shall file the document with the related covenant not to sue in the registry of deeds for the county in which the property is located.
V. If at any time the department determines, including upon petition or request by a program participant, that no further investigation, remediation, or other activities are required, the department shall issue a certificate of no further action in a form suitable for recordation, which shall so state, and which shall include a description of any remaining required use restrictions or monitoring requirements, or a statement that there are no remaining use restrictions or monitoring requirements.
VI. Upon a determination by the department, in consultation with the department of health and human services where appropriate, that property use restrictions may be terminated or shall otherwise be modified pursuant to N.H. Rev. Stat. § 147-F:15, the department shall issue to the program participant, in a form suitable for recordation, a notice of such determination. The department shall ensure that all such notices are recorded promptly in the registry of deeds for the county in which the property is located, either by undertaking the recordation itself, or by requiring the program participant to do so.