New Hampshire Superfund regulations & environmental compliance analysis

New Hampshire Superfund: What you need to know

Governing Law and Regulations

New Hampshire Hazardous Waste Cleanup Fund (HWCF), New Hampshire Revised Statutes Annotated (RSA) 147-B and New Hampshire Regulations-Environmental-Hazardous Waste (NH Regs. Env-Hw) 1001.01 to 1003.10

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Defenses to liability: RSA 147-B:10-a

Liens: RSA 147-B:10-b

Regulatory Agencies

New Hampshire Department of Environmental Services (DES) Waste Management Division Hazardous Waste Remediation Bureau

U.S. Environmental Protection Agency (EPA) Region 1

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. New Hampshire has passed its own Superfund law, known as the HWCF. The state law parallels the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). See the national section SUPERFUND for CERCLA requirements.

HWCF was established to provide funds for cleanup costs for contaminated sites in the state. State funds may be used to defer the cost of cleanup at both contaminated sites that do not qualify for federal Superfund monies and at federal Superfund sites. New Hampshire also defines "hazardous waste" broadly to include petroleum products in addition to those listed under CERCLA.

New Hampshire also provides for a lien to be placed on business revenues and any real estate and personal property of persons subject to liability under the Act to cover any costs incurred by the state.

Many New Hampshire communities have abandoned contaminated properties that have not been redeveloped because of concerns about the perceived cost of remediation and liability. For a discussion of these properties commonly known as "brownfields," see the state section BROWNFIELDS


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