New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 147-B:1 (2024)
Findings and Purpose
✓ 2024 N.H. RSA (Justia copy): later sessions are not included
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147-B:1 Findings and Purpose. –
I. The general court hereby finds that as a result of past hazardous waste dumping activities, the potential for spills of hazardous materials and the present lack of proper hazardous waste treatment, storage or disposal facilities within the state, the problem of managing movement of hazardous materials and hazardous waste in the state has become a matter of great concern.
II. The general court hereby declares that the purpose of RSA 147-B is to provide for the proper, adequate and safe cleanup of sites within New Hampshire where hazardous wastes or materials have been improperly discharged, disposed of or spilled. It is further the purpose of this chapter to support the regulatory and enforcement efforts associated with such cleanups, the transportation of hazardous wastes, and the proper permitting of hazardous waste facilities.
III. Nothing contained in this chapter is intended to duplicate the functions set forth in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Public Law 96-510.
I. The general court hereby finds that as a result of past hazardous waste dumping activities, the potential for spills of hazardous materials and the present lack of proper hazardous waste treatment, storage or disposal facilities within the state, the problem of managing movement of hazardous materials and hazardous waste in the state has become a matter of great concern.
II. The general court hereby declares that the purpose of RSA 147-B is to provide for the proper, adequate and safe cleanup of sites within New Hampshire where hazardous wastes or materials have been improperly discharged, disposed of or spilled. It is further the purpose of this chapter to support the regulatory and enforcement efforts associated with such cleanups, the transportation of hazardous wastes, and the proper permitting of hazardous waste facilities.
III. Nothing contained in this chapter is intended to duplicate the functions set forth in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Public Law 96-510.
Source. 1981, 413:3. 1990, 253:3. 1991, 226:4, eff. July 1, 1991.
Notes of Decisions
Cited in 4
cases, 1985–2004 · leading case: United States v. Ottati & Goss, Inc., 630 F. Supp. 1361 (D.N.H. 1985).
United States v. Ottati & Goss, Inc., 630 F. Supp. 1361 (D.N.H. 1985). “RSA § 147-B:1, effective June 23, 1981 states that its purpose is to clean up hazardous waste and materials that have been improperly discharged, disposed of or spilled.”
Mesiti v. Microdot, Inc., 739 F. Supp. 57 (D.N.H. 1990). “RSA 147-B:1 (emphasis added). Compare United States v.”
Mailloux v. Town of Londonderry, 864 A.2d 335 (N.H. 2004). “2004) allows for the recovery of costs for “[n]ecessary cleanup and restoration of the site and the surrounding environment,” and RSA 147-B:10, III(b) (1996 & Supp.”
Town of Hopkinton, Webster v. Warner, No. CV-97-159-JD (D.N.H. Dec. 23, 1997). “See RSA § 147-B:1 0 (I)(c). Although paragraph I holds a party strictly liable for costs incurred by the state relating to environmental cleanup, the statute fails to make explicit the standard of liability when one person brings a private action against another.”
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