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RSA 147-A:9 · Strict Liability of Owner, Operator, Generator, or Transporter
147-A:9 Strict Liability of Owner, Operator, Generator, or Transporter. –
Copy linkAny owner, operator, generator, or transporter who causes or suffers the treatment, storage, transportation or disposal of hazardous waste in violation of RSA 147-A or rules adopted or permits issued under RSA 147-A or RSA 106-A:17-RSA 106-A:19 or rules adopted by the commissioner of the department of safety under RSA 106-A:18 shall be strictly liable for costs directly or indirectly resulting from the violation relating to:
Copy linkRemoval of the hazardous wastes. I-a. Government entities, including their employees, shall not be liable for the release of hazardous waste during the lawful transportation of locally collected household hazardous waste over the byways of the state, to regional hazardous waste collection centers or in-state or out-of-state disposal facilities in the absence of willful, wanton or reckless conduct. In the event of a release during such transport, the department of environmental services shall be responsible for containment of household hazardous wastes, removal of the household hazardous wastes, necessary cleanup and restoration of the affected site and the surrounding environment, and any required evaluation, assessment, and monitoring associated with the release. Any costs associated with such containment, removal, cleanup, and restoration, and any required evaluation, assessment, and monitoring shall be a charge against the hazardous waste cleanup fund established in RSA 147-B:3.
Copy linkThe attorney general may bring an action to recover costs of containment, cleanup, or removal incurred by the department, the state, or both. This action may be brought in connection with an action for injunctive relief or in a separate action in the superior court. In connection with an action brought under this paragraph, the attorney general may obtain a prejudgment attachment in accordance with RSA 511-A to secure any judgment which may be recovered.
Copy linkThere shall be no implied cause of action for third party damages against any person under this section to the extent that the person's liability under this section is based solely on the person's ownership of a facility. Source. 1981, 413:2. 1983, 227:3. 1986, 202:6, I(e). 1994, 199:12. 1996, 228:107, eff. July 1, 1996; 266:8, eff. June 10, 1996. 2006, 282:1, eff. Sept. 13, 2006.
Copy linkSource note
Source. 1981, 413:2. 1983, 227:3. 1986, 202:6, I(e). 1994, 199:12. 1996, 228:107, eff. July 1, 1996; 266:8, eff. June 10, 1996. 2006, 282:1, eff. Sept. 13, 2006.
Source history
- 1981, 413:2
- 1983, 227:3
- 1986, 202:6, I(e)
- 1994, 199:12
- 1996, 228:107, eff. July 1, 1996; 266:8, eff. June 10, 1996
- 2006, 282:1, eff. Sept. 13, 2006
Related materials
Bill relationships
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2026 HB1141
repeal
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 HB1141-FN
repeal
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
add
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 HB1198-FN
add
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
reference
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
add
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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2026 SB527
reference
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
Opinions and discipline decisions mentioning this RSA
- 2006-297, STATE OF NH v. ELEMENTIS CHEMICAL, INC. Supreme Court opinion · April 19, 2007