RSA 147-B:9 · Exemptions

147-B:9 Exemptions. – The following shall not be subject to the fees established in RSA 147-B:8:

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I.

Sludge from publicly owned treatment works located in the state, as defined in rules adopted by the commissioner;

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II.

Bottom boiler ash and flyash from incinerators which process solely municipal waste, as defined in rules adopted by the commissioner;

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III.

Hazardous wastes which are recycled and exempt from the fee under RSA 147-B:8, II; and

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IV.

Wastes resulting from the remediation of environmentally contaminated properties by persons who meet one of the following eligibility criteria:

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(a)

The person is not liable under RSA 147-B for any release or threatened release of a contaminant or contaminants at the property and is either:

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(1)

A prospective purchaser of environmentally contaminated property, or

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(2)

A person who holds a mortgage interest or other security interest in environmentally contaminated property, including a municipality with respect to property on which there are overdue real estate taxes due to the municipality.

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(b)

The person is a current owner of environmentally contaminated property, whose liability under RSA 147-B is based solely on the person's status as owner, who did not generate the hazardous waste which constitutes the contamination on the property, and who has not operated, managed, or controlled, either directly or indirectly, the hazardous waste facility on the property.

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V.

Soil that is a hazardous waste due to lead contamination resulting from the use of the area as a shooting range, provided that clean-up is initiated and completed by the owner in accordance with all applicable laws and department requirements.

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VI.

Household hazardous waste. Source. 1981, 413:3. 1983, 227:6. 1986, 202:6, I(e). 1992, 178:4. 1994, 364:6. 1996, 228:110. 1997, 269:2. 2000, 170:1. 2003, 148:6, eff. July 1, 2003.

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