New Hampshire Revised Statutes 147-F:5 – Available Relief
Current as of: 2023 | Check for updates
|
Other versions
I. Any person who meets the eligibility conditions of N.H. Rev. Stat. § 147-F:4 may request the assistance of the department in overseeing the investigation and remediation of an eligible property. An eligible person shall be entitled to the liability protections provided in N.H. Rev. Stat. § 147-F:7 and shall receive a covenant not to sue issued in accordance with N.H. Rev. Stat. § 147-F:6 upon approval of a remedial action plan for the property.
II. A successor owner or successor owners of an eligible property may receive a covenant not to sue in accordance with the terms and conditions of N.H. Rev. Stat. § 147-F:17.
III. A holder of a mortgage or other security interest in the eligible property, including a municipality with a tax lien, shall notify the department in connection with a foreclosure or other acquisition or transfer of title or possession of an eligible property, of an intention to continue in the program on the same terms as the original eligible person, or may elect to retain the status of a holder of property in accordance with N.H. Rev. Stat. § 146-A:3-c, N.H. Rev. Stat. § 146-C:11-a, or N.H. Rev. Stat. § 147-B:10, as applicable.
III-a. A municipality that acquires an environmentally contaminated property by tax deed in order to convey the property to an eligible person in the brownfields program shall be entitled to the liability protection provided in N.H. Rev. Stat. § 147-F:7.
IV. A lessee or tenant (that itself would qualify as an eligible person) of the eligible property under agreement with an eligible person who is implementing an approved remedial action plan under the program shall not be subject to suit described in N.H. Rev. Stat. § 147-F:6, I, by the state for the contamination.
V. Any person who is not an eligible person may use the remedial process provided in N.H. Rev. Stat. § 147-F:11 through N.H. Rev. Stat. § 147-F:16 at the discretion of the department. The department may issue a no-action letter, certificate of partial cleanup, or certificate of completion to any such person upon completion of an approved remedial action plan for full or partial remediation.
VI. The relief afforded under this chapter extends only to liability or potential liability arising under state law. It is not intended to provide any relief as to liability or potential liability arising under federal law.
II. A successor owner or successor owners of an eligible property may receive a covenant not to sue in accordance with the terms and conditions of N.H. Rev. Stat. § 147-F:17.
Terms Used In New Hampshire Revised Statutes 147-F:5
- Brownfields: means properties which have been environmentally contaminated, subject to the limitations of 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
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Department: means department of environmental services. See New Hampshire Revised Statutes 147-F:3
- Eligible person: means a person who meets the criteria under N. See New Hampshire Revised Statutes 147-F:3
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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
- 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
III. A holder of a mortgage or other security interest in the eligible property, including a municipality with a tax lien, shall notify the department in connection with a foreclosure or other acquisition or transfer of title or possession of an eligible property, of an intention to continue in the program on the same terms as the original eligible person, or may elect to retain the status of a holder of property in accordance with N.H. Rev. Stat. § 146-A:3-c, N.H. Rev. Stat. § 146-C:11-a, or N.H. Rev. Stat. § 147-B:10, as applicable.
III-a. A municipality that acquires an environmentally contaminated property by tax deed in order to convey the property to an eligible person in the brownfields program shall be entitled to the liability protection provided in N.H. Rev. Stat. § 147-F:7.
IV. A lessee or tenant (that itself would qualify as an eligible person) of the eligible property under agreement with an eligible person who is implementing an approved remedial action plan under the program shall not be subject to suit described in N.H. Rev. Stat. § 147-F:6, I, by the state for the contamination.
V. Any person who is not an eligible person may use the remedial process provided in N.H. Rev. Stat. § 147-F:11 through N.H. Rev. Stat. § 147-F:16 at the discretion of the department. The department may issue a no-action letter, certificate of partial cleanup, or certificate of completion to any such person upon completion of an approved remedial action plan for full or partial remediation.
VI. The relief afforded under this chapter extends only to liability or potential liability arising under state law. It is not intended to provide any relief as to liability or potential liability arising under federal law.