Section 146-D:6 Eligible Expenses.
I. The portion of the fund for reimbursement of owners of underground storage facilities shall be available to owners of underground storage facilities which are subject to the provisions of RSA 146-C and which are in compliance with New Hampshire Code of Administrative Rules Env-Ws 411. Owners of regulated underground storage facilities with current permits and current records shall be eligible to apply to the fund. Ownership of facilities which have been physically removed or closed in place on or after July 1, 1988 in accordance with the requirements of Env-Ws 411 where cleanup of oil has not yet been completed may be transferred to a new owner, and the new owner shall be eligible to apply to the fund subject to the same compliance requirements as the original owner. After ownership is transferred, only the new owner shall be eligible for reimbursement from the fund.
I-a. The portion of the fund for reimbursement of owners of bulk storage facilities shall be available to owners of bulk storage facilities that are in compliance with all applicable federal and state requirements for such facilities. Ownership of facilities which have been physically removed or closed in place on or after July 1, 1993, in accordance with the requirements of the department where cleanup of oil has not yet been completed, may be transferred to a new owner, and the new owner shall be eligible to apply to the fund subject to the same compliance requirements as the original owner. After ownership is transferred, only the new owner shall be eligible for reimbursement from the fund. Reimbursements shall only be made for costs of cleanup and third party damages associated with gasoline and diesel product spillage. To be eligible for reimbursement, the following registration requirements shall be met:
(a) The owner shall have registered the facility with the department on forms provided by the department which shall include but not be limited to the following information:
(1) Facility name, location, and address.
(2) Owner's name, mailing address and telephone number.
(3) Contact person for the facility.
(4) The storage capacity, product stored, material of construction, and age of the storage tanks and appurtenances.
(b) Bulk storage facilities existing on or before July 1, 1993, shall be registered no later than July 1, 1996. Bulk storage facilities constructed after July 1, 1993, shall be registered no later than 60 days after the completion of construction. The board may waive the registration deadlines established by this subparagraph, on a case by case basis, for good cause.
II. (a) To the extent such amount is expended from the fund, or for such lesser amount as is expended, owners shall be liable to the fund for the following:
(1) The owner of from one to 3 facilities shall be responsible for the initial $5,000 of cleanup costs at each facility owned.
(2) The owner of from 4 to 9 facilities shall be responsible for the initial $10,000 of cleanup costs at each facility owned.
(3) The owner of from 10 to 19 facilities shall be responsible for the initial $20,000 of cleanup costs at each facility owned.
(4) The owner of 20 or more facilities shall be responsible for the initial $30,000 of cleanup costs at each facility owned.
(b) This amount shall not be withheld from reimbursement when the reimbursement is disbursed from the fund over to a party other than an owner liable under this paragraph, but the owner shall be liable to the fund for the amounts set forth in subparagraph II(a). The board may pursue the owner in an independent legal action, and the owner shall be liable for interest from the date that the disbursement is made and for legal fees and costs incurred by the fund in obtaining and enforcing judgment under this paragraph. All amounts recovered shall be paid into the fund.
III. Owners of facilities eligible under this chapter may apply for reimbursement of court-ordered damages to third parties for bodily injury or property damage, and for the costs of onsite and off-site cleanup of oil discharges in amounts not to exceed a total of $1,500,000. The fund shall be deemed excess insurance over any other valid and collectible insurance for the costs of cleanup and damages to third parties. There shall be no right of recovery against the fund for payments made under other insurance.
IV. Owners of facilities eligible under this chapter may apply for reimbursement for costs of cleanup and third party damages incurred on or after July 1, 1988.
V. Costs of new tanks and associated piping, or repairs to existing tanks and associated piping, shall not be considered eligible costs under this chapter.
VI. Notwithstanding any provision of this chapter, the department shall not be liable to any eligible party if sufficient funds are not available in the fund to meet the limits established in this chapter. Applications received by the department for which sufficient funds are not available at the time of application shall be held by the department pending availability of funds and shall be reviewed in the order in which they were received.
VII. The board shall pay all eligible costs approved by the board within 30 days of such approval. If any eligible costs are not paid within 30 days, interest on any unpaid amount shall incur to the designated recipient at the rate of 1- 1/2 percent per month. Any interest payments shall be a charge against the fund. Any application for compensation which is deemed to be incomplete by the board or the department of environmental services shall be returned to the applicant forthwith with a written explanation as to what additional information is necessary in order to process the application.
VIII. For underground storage facilities which contain fuel oil as defined in RSA 146-E:2, II or motor oil, or used motor oil, only those facilities at which a release was discovered prior to January 1, 1995, are eligible for reimbursement from the oil discharge and disposal cleanup fund.
IX. Upon payment from the fund for cleanup and corrective action costs or for third party liability costs pursuant to this chapter, the right of an owner to recover any payment from any third party potentially responsible for such costs shall be assumed by the board to the extent of payment made from the fund. An owner shall not receive multiple compensation for the same injury and any such compensation shall be repaid to the fund.
Source. 1988, 271:1. 1990, 208:11, 13. 1991, 322:4. 1993, 40:7-9; 294:10-13; 337:6. 1995, 247:4-6; 282:2; 282:9. 1996, 228:106, 108, 109. 1997, 39:2, 3. 2001, 33:1, eff. Aug. 7, 2001.