New Hampshire Revised Statutes 146-C:9-a – Orders; Injunctions
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I. The department is authorized to issue an administrative order directing any owner or operator or any other person who is strictly liable to cease any activity violating this chapter, to take action necessary to comply with this chapter, and to institute corrective and remedial measures, which shall include the following:
(a) Providing an interim water supply and establishing a permanent alternative water supply system to mitigate damage to the soil, groundwater or surface water.
(b) Removal and abatement of contamination resulting from a discharge from an underground storage facility.
(c) Reimbursement to the state for all costs incurred by the state in responding to a discharge of oil or a hazardous substance from a leaking underground storage facility.
II. Notwithstanding any other provision of this chapter, the department, upon receipt of information that the storage, transmission or dispensing of oil or a hazardous substance at a facility subject to this chapter may present an imminent and substantial hazard to human health or to the environment, may take action as it determines necessary to protect human health or the environment. The action the department may take includes, but is not limited to:
(a) Issuing an order directing the facility owner or operator or any person who is strictly liable under N.H. Rev. Stat. § 146-C:11 to take necessary steps to eliminate the hazard. The department may order the permanent or temporary cessation of operations at a facility. Orders of the department issued under this section shall be effective immediately. Any person to whom an order is directed shall immediately comply, but may appeal the order in accordance with paragraph III of this section.
(b) Requesting the attorney general to bring an action for injunctive relief, including a mandatory injunction.
III. Appeal of an order issued under this section shall be to the waste management council established in N.H. Rev. Stat. § 21-O:9 and in accordance with N.H. Rev. Stat. § 21-O:14.
(a) Providing an interim water supply and establishing a permanent alternative water supply system to mitigate damage to the soil, groundwater or surface water.
Terms Used In New Hampshire Revised Statutes 146-C:9-a
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) Removal and abatement of contamination resulting from a discharge from an underground storage facility.
(c) Reimbursement to the state for all costs incurred by the state in responding to a discharge of oil or a hazardous substance from a leaking underground storage facility.
II. Notwithstanding any other provision of this chapter, the department, upon receipt of information that the storage, transmission or dispensing of oil or a hazardous substance at a facility subject to this chapter may present an imminent and substantial hazard to human health or to the environment, may take action as it determines necessary to protect human health or the environment. The action the department may take includes, but is not limited to:
(a) Issuing an order directing the facility owner or operator or any person who is strictly liable under N.H. Rev. Stat. § 146-C:11 to take necessary steps to eliminate the hazard. The department may order the permanent or temporary cessation of operations at a facility. Orders of the department issued under this section shall be effective immediately. Any person to whom an order is directed shall immediately comply, but may appeal the order in accordance with paragraph III of this section.
(b) Requesting the attorney general to bring an action for injunctive relief, including a mandatory injunction.
III. Appeal of an order issued under this section shall be to the waste management council established in N.H. Rev. Stat. § 21-O:9 and in accordance with N.H. Rev. Stat. § 21-O:14.