RSA 147-F:7 · Liability Protection Before Covenant Issues

147-F:7 Liability Protection Before Covenant Issues. –

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I.

Site investigation and pre-remedial activities conducted at the property during participation in the program shall not trigger liability for remediation of preexisting contamination at the property solely because of the eligible person's status as owner or operator of the property under the strict liability provisions of RSA 146-A, RSA 146-C, RSA 147-A or RSA 147-B, as applicable.

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II.

An eligible person participating in the program shall not be liable for the remediation of additional contamination or increased environmental harm caused during site investigation or pre-remedial activities unless attributable to the eligible person's negligent or reckless conduct, except as provided in RSA 147-F:8, I(b).

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III.

An eligible person who withdraws from the program after site stabilization as provided in RSA 147-F:8 shall not be strictly liable as an owner under RSA 147-B:10 for preexisting contamination at the property that is known or foreseeable based upon information submitted to the department before withdrawal from the program unless the eligible person:

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(a)

Engages in activities at the property that are inconsistent or interfere with the approved remedial action plan;

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(b)

Violates any use restrictions imposed on the property by the department in accordance with RSA 147-F:15, and fails to cure after notice;

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(c)

Does not promptly report and address contamination caused or exacerbated by the holder's negligent or reckless acts during remedial activities as required by the department; or

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(d)

Fails to comply with the requirements of RSA 147-F:16, and fails to cure after notice. Source. 1996, 241:2, eff. July 1, 1996.

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