This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.
RSA 147-A:10 · Confiscation of Property
147-A:10 Confiscation of Property. –
Copy linkAny property of a generator, owner, operator, or transporter including, but not limited to, vehicles, containers, documents and wastes, used in connection with the disposal, storage, treatment, or transportation of hazardous waste in violation of RSA 147-A or RSA 106-A:17-RSA 106-A:19 may be seized by the state. The property shall be stored as directed by the court so that the property may be used as evidence in a trial relating to the violation.
Copy linkWithin 14 days of seizure of any property, the attorney general shall file a libel in the superior court of the county in which the property was seized, requesting forfeiture of the property. The court shall issue a summons requiring the state to send by certified mail a copy of the libel to the owner of the property and other persons appearing to have an interest in the property.
Copy linkThe superior court shall promptly hold a hearing which shall be conducted as a civil in rem action without a jury and shall order forfeiture of the property if the state establishes by a preponderance of the evidence that the owner knew or should have known that the property was used in the illegal treatment, transportation, storage or disposal of hazardous waste.
Copy linkThe court may order the sale of the confiscated property or any other disposition, in the court's discretion as justice may require. After deducting the storage expenses, the proceeds from the sale of the confiscated property shall be transferred to the New Hampshire hazardous waste cleanup fund established under RSA 147-B. Source. 1981, 413:2. 1994, 199:13, eff. July 23, 1994. 2014, 204:7, eff. July 11, 2014.
Copy linkSource note
Source. 1981, 413:2. 1994, 199:13, eff. July 23, 1994. 2014, 204:7, eff. July 11, 2014.
Source history
- 1981, 413:2
- 1994, 199:13, eff. July 23, 1994
- 2014, 204:7, eff. July 11, 2014
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or minimum impact activities under RSA 482-A:3, V and XII and for routine roadway maintenance under RSA 482-A:3, XVI on land used for agricultural purposes, RSA 149-M, RSA 430, or RSA 147-A. If an agency is notified by the rivers coordinator that a proposed activity would violate a protection measure under RSA 483:9, 483:9-a, 483:9-aa, or 483:9-b, such agency shall deny the application. 12 Repeal. The
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or minimum impact activities under RSA 482-A:3, V and XII and for routine roadway maintenance under RSA 482-A:3, XVI on land used for agricultural purposes, RSA 149-M, RSA 430, or RSA 147-A. If an agency is notified by the rivers coordinator that a proposed activity would violate a protection measure under RSA 483:9, 483:9-a, 483:9-aa, or 483:9-b, such agency shall deny the application. 12 Repeal. The
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2026 HB1198-FN
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nder RSA 541-A to implement the program. 49-M:73 Postconsumer Paint from Households and Small Businesses. I. Postconsumer paint that is otherwise defined as hazardous waste by RSA 147-A and rules adopted by the department pursuant thereto, and that is received at a collection site, shall be managed as univeRSAl waste in accordance with rules established by the department. II. Any person who agrees to
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2026 HB451
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The department may adopt rules under RSA 541-A to implement the program. 149-M:73 Postconsumer Paint from Households and Small Businesses. I. Postconsumer paint that is otherwise defined as hazardous waste by RSA 147-A and rules adopted by the department pursuant thereto, and that is received at a collection site, shall be managed as universal waste in accordance with rules established by the department. II. Any person who a
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2026 HB451-FN
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der RSA 541-A to implement the program. 149-M:73 Postconsumer Paint from Households and Small Businesses. I. Postconsumer paint that is otherwise defined as hazardous waste by RSA 147-A and rules adopted by the department pursuant thereto, and that is received at a collection site, shall be managed as univeRSAl waste in accordance with rules established by the department. II. Any person who agrees to
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or minimum impact activities under RSA 482-A:3, V and XII and for routine roadway maintenance under RSA 482-A:3, XVI on land used for agricultural purposes, RSA 149-M, RSA 430, or RSA 147-A. If an agency is notified by the rivers coordinator that a proposed activity would violate a protection measure under RSA 483:9, 483:9-a, 483:9-aa, or 483:9-b, such agency shall deny the application. I-a. State age