New Hampshire Revised Statutes 147-F:4 – Eligibility for Program
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I. A person is eligible to participate in the program if the person qualifies under one of the following categories:
(a) The person is not liable under N.H. Rev. Stat. Chapter 147-B for any release or threatened release of a contaminant or contaminants at the property and is either:
(1) A prospective purchaser of eligible property; or
(2) A person who holds a mortgage interest or other security interest in eligible property, including a municipality with respect to property on which there are overdue real estate taxes due to the municipality.
(b) The person, including a municipality, is a current owner of eligible property whose liability under N.H. Rev. Stat. Chapter 147-B is based solely on the person’s status as owner and who did not cause or contribute to the contamination at the property.
II. Any environmentally contaminated property is eligible unless one of the following conditions applies:
(a) The property is not in compliance with any corrective action order issued under N.H. Rev. Stat. Chapter 147-A or any other compliance order issued under a state or federal environmental program and the department determines that the property will not be brought into substantial compliance as a result of participation in the cleanup program.
(b) The property is eligible for cost reimbursement from the oil discharge and disposal cleanup fund, the fuel oil discharge cleanup fund or the motor oil discharge cleanup fund, unless it receives substantially less than full reimbursement from these funds.
III. A person seeking a determination of eligibility shall submit to the department a certificate signed under oath that includes all information the department of justice determines is necessary to verify eligibility.
(a) The person is not liable under N.H. Rev. Stat. Chapter 147-B for any release or threatened release of a contaminant or contaminants at the property and is either:
Terms Used In New Hampshire Revised Statutes 147-F:4
- Contaminant: or "Contamination" means hazardous waste, hazardous materials (without regard to whether transported in commerce), or oil, as defined in N. See New Hampshire Revised Statutes 147-F:3
- Contamination: means hazardous waste, hazardous materials (without regard to whether transported in commerce), or oil, as defined in N. See New Hampshire Revised Statutes 147-F:3
- Department: means department of environmental services. See New Hampshire Revised Statutes 147-F:3
- 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
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, limited liability company, municipality, commission, and the state or a political subdivision of the state. See New Hampshire Revised Statutes 147-F:3
- Program: means the brownfields program established by this chapter. See New Hampshire Revised Statutes 147-F:3
- real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
- 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
(1) A prospective purchaser of eligible property; or
(2) A person who holds a mortgage interest or other security interest in eligible property, including a municipality with respect to property on which there are overdue real estate taxes due to the municipality.
(b) The person, including a municipality, is a current owner of eligible property whose liability under N.H. Rev. Stat. Chapter 147-B is based solely on the person’s status as owner and who did not cause or contribute to the contamination at the property.
II. Any environmentally contaminated property is eligible unless one of the following conditions applies:
(a) The property is not in compliance with any corrective action order issued under N.H. Rev. Stat. Chapter 147-A or any other compliance order issued under a state or federal environmental program and the department determines that the property will not be brought into substantial compliance as a result of participation in the cleanup program.
(b) The property is eligible for cost reimbursement from the oil discharge and disposal cleanup fund, the fuel oil discharge cleanup fund or the motor oil discharge cleanup fund, unless it receives substantially less than full reimbursement from these funds.
III. A person seeking a determination of eligibility shall submit to the department a certificate signed under oath that includes all information the department of justice determines is necessary to verify eligibility.