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2019 New Hampshire Revised Statutes
Title X - Public Health
Chapter 147-A - Hazardous Waste Management
Section 147-A:9 - Strict Liability of Owner, Operator, Generator, or Transporter.
Universal Citation: NH Rev Stat § 147-A:9 (2019)
147-A:9 Strict Liability of Owner, Operator, Generator, or Transporter. –
I. Any owner, operator, generator, or transporter who causes or suffers the treatment, storage, transportation or disposal of hazardous waste in violation of RSA 147-A or rules adopted or permits issued under RSA 147-A or RSA 106-A:17-RSA 106-A:19 or rules adopted by the commissioner of the department of safety under RSA 106-A:18 shall be strictly liable for costs directly or indirectly resulting from the violation relating to:
(a) Containment of hazardous wastes;
(b) Necessary cleanup and restoration of the site and the surrounding environment; and
(c) Removal of the hazardous wastes.
I-a. Government entities, including their employees, shall not be liable for the release of hazardous waste during the lawful transportation of locally collected household hazardous waste over the byways of the state, to regional hazardous waste collection centers or in-state or out-of-state disposal facilities in the absence of willful, wanton or reckless conduct. In the event of a release during such transport, the department of environmental services shall be responsible for containment of household hazardous wastes, removal of the household hazardous wastes, necessary cleanup and restoration of the affected site and the surrounding environment, and any required evaluation, assessment, and monitoring associated with the release. Any costs associated with such containment, removal, cleanup, and restoration, and any required evaluation, assessment, and monitoring shall be a charge against the hazardous waste cleanup fund established in RSA 147-B:3.
II. The attorney general may bring an action to recover costs of containment, cleanup, or removal incurred by the department, the state, or both. This action may be brought in connection with an action for injunctive relief or in a separate action in the superior court. In connection with an action brought under this paragraph, the attorney general may obtain a prejudgment attachment in accordance with RSA 511-A to secure any judgment which may be recovered.
III. There shall be no implied cause of action for third party damages against any person under this section to the extent that the person's liability under this section is based solely on the person's ownership of a facility.
I. Any owner, operator, generator, or transporter who causes or suffers the treatment, storage, transportation or disposal of hazardous waste in violation of RSA 147-A or rules adopted or permits issued under RSA 147-A or RSA 106-A:17-RSA 106-A:19 or rules adopted by the commissioner of the department of safety under RSA 106-A:18 shall be strictly liable for costs directly or indirectly resulting from the violation relating to:
(a) Containment of hazardous wastes;
(b) Necessary cleanup and restoration of the site and the surrounding environment; and
(c) Removal of the hazardous wastes.
I-a. Government entities, including their employees, shall not be liable for the release of hazardous waste during the lawful transportation of locally collected household hazardous waste over the byways of the state, to regional hazardous waste collection centers or in-state or out-of-state disposal facilities in the absence of willful, wanton or reckless conduct. In the event of a release during such transport, the department of environmental services shall be responsible for containment of household hazardous wastes, removal of the household hazardous wastes, necessary cleanup and restoration of the affected site and the surrounding environment, and any required evaluation, assessment, and monitoring associated with the release. Any costs associated with such containment, removal, cleanup, and restoration, and any required evaluation, assessment, and monitoring shall be a charge against the hazardous waste cleanup fund established in RSA 147-B:3.
II. The attorney general may bring an action to recover costs of containment, cleanup, or removal incurred by the department, the state, or both. This action may be brought in connection with an action for injunctive relief or in a separate action in the superior court. In connection with an action brought under this paragraph, the attorney general may obtain a prejudgment attachment in accordance with RSA 511-A to secure any judgment which may be recovered.
III. There shall be no implied cause of action for third party damages against any person under this section to the extent that the person's liability under this section is based solely on the person's ownership of a facility.
Source. 1981, 413:2. 1983, 227:3. 1986, 202:6, I(e). 1994, 199:12. 1996, 228:107, eff. July 1, 1996; 266:8, eff. June 10, 1996. 2006, 282:1, eff. Sept. 13, 2006.
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