HB1292 (2010) Detail

Relative to underground storage tank facility permits, compliance, and cleanup fund eligibility.


CHAPTER 55

HB 1292 – FINAL VERSION

27Jan2010… 0226h

24Mar2010… 0560h

28Apr2010… 1568eba

2010 SESSION

10-2050

08/10

HOUSE BILL 1292

AN ACT relative to underground storage tank facility permits, compliance, and cleanup fund eligibility.

SPONSORS: Rep. C. Christensen, Hills 19; Rep. Webb, Merr 2

COMMITTEE: Resources, Recreation and Development

AMENDED ANALYSIS

This bill:

I. Removes provisions necessitating periodic re-issuance of underground storage tank facility permits and removes provisions which limit transfer of oil cleanup fund coverage.

II. Makes owners of eligible facilities liable for the lesser of the initial $500 of cleanup costs or the balance of the cleanup cost.

III. Allows moneys of eligible facilities with financial difficulty to have a reduced liability.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27Jan2010… 0226h

24Mar2010… 0560h

28Apr2010… 1568eba

10-2050

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to underground storage tank facility permits, compliance, and cleanup fund eligibility.

Be it Enacted by the Senate and House of Representatives in General Court convened:

55:1 Underground Storage Facility Permits. Amend RSA 146-C:4, II to read as follows:

II. The department shall issue or deny a permit to all facilities registered under RSA 146-C:3 within 90 days of the receipt of the complete registration information. A permit issued under this section shall be displayed on the premises of the underground storage facility at all times. [Permits shall be valid for a period of 5 years.]

55:2 Underground Storage Facility Compliance; Appeals. Amend RSA 146-C:16, I(c)(2) to read as follows:

(2) The department shall inspect the underground storage tank or facility within 5 business days of notification to determine whether the tank or facility is now in compliance with department rules, regardless of whether it has authorized removal of the red tag by the owner or operator. If, upon inspection, the department determines that the system is [not] in compliance and the department has not already authorized the removal of the red tag, the department shall immediately remove the red tag.

55:3 Oil Discharge and Disposal Cleanup Fund Eligibility. RSA 146-D:6, I and the introductory paragraph of RSA 146-D:6, I-a are repealed and reenacted to read as follows:

I. The oil discharge and disposal cleanup fund shall be available to owners of underground storage facilities which are in compliance with this chapter, RSA 146-C, and department rules, or owners of land where compliant facilities were located.

I-a. The oil discharge and disposal cleanup fund shall be available to owners of bulk storage facilities which are in compliance with this chapter and all applicable federal and state requirements, or owners of land where compliant facilities were located. Reimbursements shall only be made for costs of cleanup and third party damages associated with gasoline and diesel product spillage. For owners of bulk storage facilities to be eligible for reimbursement, the following registration requirements shall be met:

55:4 Liability for Initial Cleanup Costs. Amend RSA 146-D:6, II(a), by inserting after subparagraph (4) the following new subparagraph:

(5) The owner of land where compliant facilities were located shall be responsible for the lesser of the initial $5,000 of cleanup costs at each location owned or the balance of the prior facility owner’s initial cleanup cost liability at each such location.

55:5 Oil Discharge and Disposal Cleanup Fund Eligibility. Amend RSA 146-D:6, III-IV to read as follows:

III. Owners of facilities or land eligible under this chapter may apply for reimbursement of court-ordered damages to third parties for bodily injury or property damage, and for the costs of onsite and off-site cleanup of oil discharges in amounts not to exceed a total of $1,500,000. The fund shall be deemed excess insurance over any other valid and collectible insurance for the costs of cleanup and damages to third parties. There shall be no right of recovery against the fund for payments made under other insurance.

IV. Owners of facilities or land eligible under this chapter may apply for reimbursement for costs of cleanup and third party damages incurred on or after July 1, 1988.

55:6 Fuel Oil Discharge Cleanup Fund Eligibility. RSA 146-E:6, I is repealed and reenacted to read as follows:

I. The fuel oil discharge cleanup fund shall be available to owners of on-premise-use facilities and bulk storage facilities which are in compliance with this chapter, or owners of land where compliant bulk storage facilities were located, or owners of land where compliant on-premise-use facilities are or were located. The oil fund disbursement board may adopt rules for administering disbursements from the fund using the same rulemaking process and authorities established in RSA 146-D:5, I, including the development of additional eligibility criteria. Owners of bulk storage facilities or land where compliant bulk storage facilities were located shall be liable to the fund for initial cleanup costs in the manner described in RSA 146-D:6, II. Owners of on-premise-use facilities or land where compliant on-premise-use facilities are or were located shall be liable to the fund for the lesser of the initial $500 of cleanup costs or the balance of the prior owner’s initial cost liability, to the extent such amount is expended from the fund, or for such lesser amount as is expended.

55:7 Fuel Oil Discharge Cleanup Fund Initial Cleanup Costs. Amend RSA 146-E:6, II to read as follows:

II. Owners of facilities or land eligible under this chapter may apply for reimbursement of court-ordered damages to third parties for bodily injury or property damage, and for the costs of on-site and off-site cleanup of fuel oil discharges in amounts not to exceed a total of $500,000, incurred on or after October 1, 1992. Owners of on-premise-use facilities or land eligible under this chapter who have demonstrated financial need, may apply for reimbursement of costs to meet the requirements of RSA 146-E:4, I and II in amounts not to exceed a total of $1,500 and may apply for reimbursement of underground storage tank abandonment or removal costs in amounts not to exceed a total of $2,500, incurred on or after the effective date of this paragraph. For such owners who have demonstrated financial need, the amount of initial cleanup cost liability under paragraph I of this section shall be reduced to $100.

55:8 Motor Oil Discharge Cleanup Fund Eligibility. RSA 146-F:5, I is repealed and reenacted to read as follows:

I. The motor oil discharge cleanup fund shall be available to owners of motor oil storage facilities which are in compliance with this chapter, or owners of land where compliant facilities were located. The oil fund disbursement board may adopt rules for administering disbursements from the fund using the same rulemaking process and authorities established in RSA 146-D:5, I, including the development of additional eligibility criteria. Owners of motor oil storage facilities or land where compliant facilities were located shall be liable to the fund for initial cleanup costs in the manner described in RSA 146-D:6, II.

55:9 Repeal. The following are repealed:

I. RSA 146-E:6, VII, relative to transfer of fuel oil storage facility ownership.

II. RSA 146-F:5, VIII relative to transfer of motor oil storage facility ownership.

55:10 Effective Date. This act shall take effect upon its passage.

Approved: May 18, 2010

Effective Date: May 18, 2010