Revision: Dec. 10, 2009, midnight
HB 1292 – AS INTRODUCED
2010 SESSION
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
This bill removes provisions necessitating periodic re-issuance of underground storage tank facility permits and removes provisions which limit transfer of oil cleanup fund coverage.
This bill is a request of the department of environment services and the oil fund disbursement board.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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:
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.]
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.
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 RSA 146-D:6, I and the introductory paragraph of RSA 146-D:6, I-a are repealed and reenacted to read as follows: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 fund shall be available to owners of underground storage facilities which are subject to the provisions of RSA 146-C and which are in compliance with department rules, or owners of land where such facilities were located.
I-a. The fund shall be available to owners of bulk storage facilities that are subject to the provisions of RSA 146-A and which are in compliance with department rules, or owners of land where such facilities were located. Reimbursements shall only be made for costs of cleanup and third party damages associated with gasoline and diesel product spillage. To be eligible for reimbursement, the following registration requirements shall be met:
4 Oil Discharge and Disposal Cleanup Fund Eligibility. Amend RSA 146-E:6, I to read as follows:
I. The fund shall be available to owners of on-premise-use facilities, or owners of land upon which on-premise-use facilities are or were located, [and] owners of bulk storage facilities as defined in this chapter or owners of land where such 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 bulk storage facilities 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 shall be liable to the fund for the initial $100 of cleanup costs at each facility owned, to the extent such amount is expended from the fund, or for such lesser amount as is expended.
5 Motor Oil Discharge Cleanup Fund Eligibility. Amend RSA 146-F:5, I to read as follows:
I. The fund shall be available to owners of motor oil storage facilities, [and] or owners of land [upon which motor oil storage] where such facilities [are] 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 shall be liable to the fund for initial cleanup costs in the manner described in RSA 146-D:6, II.
6 Repeal.
I. RSA 146-E:6, VII, relative to transfer of fuel oil storage facility ownership, is repealed.
II. RSA 146-F:5, VIII relative to transfer of motor oil storage facility ownership.
7 Effective Date. This act shall take effect upon its passage.