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1 New Subdivision; On-Premises-Use Fuel Oil Tanks. Amend RSA 146-A by inserting after section 19 the following new subdivision:
On-Premises-Use Fuel Oil Tanks
146-A:20 Definitions. In this subdivision:
I. "On-Premises-Use Fuel Oil Tanks" means a tank on a residential property used to store heating oil for on-premise use, which is located below ground level, including beneath a dwelling, addition, crawl space, or garage.
II. "Abandoned" means a tank that has not been in use for 12 consecutive months.
III. "Oil tank service company" means a business that specializes in the installation, removal, replacement, maintenance, and compliance support for residential and commercial fuel oil storage tanks, including both above ground and underground systems.
IV. "Discharge" means a release of oil into the environment as defined in RSA 146-A:2, III.
146-A:21 Closure Requirements.
I. If an on-premises-use fuel oil tank is located beneath a structure, including a house, addition, crawl space, or garage:
(a) The property owner shall retain a certified oil tank removal company to collect soil samples from around the tank.
(b) If the samples indicate a discharge, the area shall be remediated by an oil tank removal company in accordance with department rules and best management practices.
(c) If no discharge is detected, the tank shall be permanently closed in place by filling it with an inert, earthen material such as sand or slurry according to best management practices.
II. If the on-premises-use fuel oil tank is located outside of any structure, the tank shall be:
(a) Removed by an oil tank removal company using best management practices; and
(b) The removal shall occur within 180 days of the tank becoming abandoned.
146-A:22 Disclosure. The seller of any residential property with an on-premises-use fuel oil tank shall disclose to the buyer the presence and status of such oil tank and make available to the buyer the test results of soil sampled around such tank.
146-A:23 Rulemaking. The department of environmental services shall adopt rules under RSA 541-A to implement this chapter, including standards for soil sampling, remediation, and tank closure.
2 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 New Subdivision; On-Premises-Use Fuel Oil Tanks. Amend RSA 146-A by inserting after section 19 the following new subdivision:
On-Premises-Use Fuel Oil Tanks
146-A:20 Definitions. In this subdivision:
I. "On-Premises-Use Fuel Oil Tanks" means a tank on a residential property used to store heating oil for on-premise use, which is located below ground level, including beneath a dwelling, addition, crawl space, or garage.
II. "Abandoned" means a tank that has not been in use for 12 consecutive months.
III. "Oil tank service company" means a business that specializes in the installation, removal, replacement, maintenance, and compliance support for residential and commercial fuel oil storage tanks, including both above ground and underground systems.
IV. "Discharge" means a release of oil into the environment as defined in RSA 146-A:2, III.
146-A:21 Closure Requirements.
I. If an on-premises-use fuel oil tank is located beneath a structure, including a house, addition, crawl space, or garage:
(a) The property owner shall retain a certified oil tank removal company to collect soil samples from around the tank.
(b) If the samples indicate a discharge, the area shall be remediated by an oil tank removal company in accordance with department rules and best management practices.
(c) If no discharge is detected, the tank shall be permanently closed in place by filling it with an inert, earthen material such as sand or slurry according to best management practices.
II. If the on-premises-use fuel oil tank is located outside of any structure, the tank shall be:
(a) Removed by an oil tank removal company using best management practices; and
(b) The removal shall occur within 180 days of the tank becoming abandoned.
146-A:22 Disclosure. The seller of any residential property with an on-premises-use fuel oil tank shall disclose to the buyer the presence and status of such oil tank and make available to the buyer the test results of soil sampled around such tank.
146-A:23 Rulemaking. The department of environmental services shall adopt rules under RSA 541-A to implement this chapter, including standards for soil sampling, remediation, and tank closure.
2 Effective Date. This act shall take effect 60 days after its passage.